Intellectual Property Law

• Provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving readers a broad context in which to explore the key principles of the subject
• Writing style is particularly clear - the authors retain clarity whilst including an impressive amount of detail, and discussion of even the most complex areas is lucid and structured
• Includes lively diagrams and illustrations to illuminate difficult concepts and help students relate to the subject
• Anticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgments about forthcoming changes in the law, and understand the direction in which IP is moving

New to this edition

• Fully updated to incorporate all of the latest changes in the field, including the implementation of performers' moral rights, the implementation of the EC enforcement directive, and the EC directive on artists' resale royalty
• Case law at the ECJ will be fully updated, particularly in the fields of databases and trade marks, and coverage of developments in TRIPS interpretation will also be included
• More illustrations are included to help the book suit a variety of learning styles and bring the subject to life
• Main headings are set out at the beginning of each chapter, in order to help reader navigation
• For the first time, this edition is accompanied by an online patent application to help readers understand this particularly complex process and area of law.

Readership: Advanced undergraduates taking an optional module in intellectual property law in the second or third year of their LLB (usually third year). Postgraduates studying intellectual property law. Also appeals to practitioners, and so should be included in the practitioner catalogue.

Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge, and Brad Sherman, Professor of Law, TC Beirne School of Law, University of Queensland

"There is no doubt that this edition, as previous editions of the book, presents helpful reading and is a perfect textbook for students, scholars and practitioners working on and interested in the subject of intellectual property in general." - E.I.P.R.

"This book indeed is an essential textbook for any intellectual property student's library." - E.I.P.R.

"Written by two leading academic intellectual property lawyers, Lionel Bently and Brad Sherman, Intellectual Property Law is a vast and comprehensive consideration of the key intellectual property issues including, where appropriate, their contextual background." - Student Law Journal

"Its written style is also impressive: lucidly explaining the detailed legal and, often, social issues that intellectual property law, in particular, encounters. Fortunately, the authors' written style ensures these issues are not lost within the detail." - Student Law Journal

"Intellectual Property Law is an indispensable text for anyone studying this complex but intriguing area of law. It is extremely well-written in an engaging and thought provoking way. The authors also ensure, by including number references, that it can also form the basis of further and independent research." - Student Law Journal

1: Introduction
Part I Copyright
2: Introduction to copyright
3: Subject matter
4: Criteria for protection
5: Authorship and first ownership
6: Nature of the rights
7: Duration of copyright
8: Infringement
9: Defences
10: Moral rights
11: Exploitation and use of copyright
12: Limits on exploitation
13: Related rights: performer's rights, database right, technological measures, rights management, information, public lending right, and the droit de suite
Part II Patents
14: Introduction to patents
15: The nature of a patent
16: Procedure for grant of a patent
17: Patentable subject matter
18: Novelty
19: Inventive step
20: Internal requirements for patentability
21: Ownership
22: Infringement
23: Exploitation
24: Rights related to patents
Part III The legal regulation of designs
25: Acquiring registered design protection in the United Kingdom and the European Community
26: The Community concept of design
27: Grounds for invalidity: novelty, individual character, and relative grounds
28: The rights of a proprietor of a UK registered design, a registered Community design, and unregistered Community design
29: Copyright protection for designs
30: Unregistered design right
Part IV Trade marks and passing off
31: Introduction to passing off and trade marks
32: Passing off
33: Misrepresentation
34: Damage
35: Trade mark registration
36: Subject matter
37: Absolute grounds for refusal
38: Relative grounds for refusal
39: Revocation
40: Infringement
41: Trade mark defences
42: Exploitation and use of trade marks
43: Geographical indications of origin
Part V Confidential information
44: Is the information capable of being protected?
45: Obligation of confidence
46: Breach, defences, and remedies
Part VI Litigation and remedies
47: Litigation
48: Civil and criminal remedies