Guidebook to intellectual property

Preface to the Seventh Edition
Contents
Table of Cases
PART I:
INTRODUCTION
	1. Imitation, Monopoly and Control
		Introduction
		Kinds of Intellectual Property
		'Exclusive Rights'
		Registered and Unregistered Rights
		Foreign Law
		Spatial and Temporal Monopolies
		Other Things
		Exclusive Licensees
		The Scheme of this Book
	2. Courts, Remedies and Legal Actions
		Civil and Criminal Law
		The UK Civil Courts
		The Continued Importance of EU Law
		Dispute Fora Other than Courts
		Infringement, Revocation, Declarations and Threats Claims
		When to Sue
		Time
		Costs
		Remedies
		Seizure of Infringing Goods
	3. Patent, Copyright or Design?
		Introduction
		Patents
		Designs: Registered and Unregistered
		Copyright
		Periods of Protection
		A Role for Trade Marks?
		'Imitations' and Copying
		Another Way?
PART II:
PROTECTING THE PRODUCT
	4. Patents and How to Get Them
		Introduction
		The Patent Law System
		When Is an Invention Patentable?
		Entitlement: Who Can File a Patent Application?
		The Patent Specification
		Patent Attorneys
		When to File?
		The UK Application Process
		Amendment after Grant
		Revocation after Grant
		Ownership
		A Brief History
	5. Important Inventions
		Introduction
		Where Others have Tried
		An Important Invention
		Protection Abroad
		The European Application Process
		The Patent Cooperation Treaty
		What Route to Take?
		'Improvement' Patents
		Action for Infringement or Revocation
		The Scope of a Patent: Claims and Equivalents
		What Amounts to Infringement?
		Delayed Actions
	6. More about Patents
		The Importance of Validity
		Evading Patents
		Licensing
		Supplementary Protection Certificates
		Taxation and Patents
		Drugs and Similar Chemical Compounds
		Genetic Engineering
		Rights in New Forms of Plants
		The Government's Right to Work Patents
		Keeping Inventions Secret for National Security
	7. Industrial Designs
		Introduction
		UK Registered Designs
		UK Unregistered Design Right
		EU UDR, CUDR and SUDR
		Copyright and Designs
		Use of Other Rights to Protect Designs
PART III:
TRADE MARKS, PASSING OFF AND UNFAIR COMPETITION
	8. Trade Marks and Passing Off
		Introduction
		Passing Off and Registration of Trade Marks
	9. Trade Mark Registration
		Introduction
		Absolute Grounds
		Relative Grounds: Earlier Marks and Rights
		Applications and Oppositions
	10. Trade Mark Infringement
		Introduction
		What Activities Can a Registered Trade Mark Stop?
		The Tests for Infringement
		Use
		Who to Sue?
		Contested Actions
	11. Exceptions to Trade Mark Infringement
		Introduction
		Use of Own Name or Address
		Descriptive and Non-distinctive Use
		Referential Use
		But there Must be Honesty
		Comparative Advertising
		Earlier Rights
		Use of Defendant's Own Registered Mark
	12. Removal from the Register – Revocation and Invalidity
		Introduction
		Grounds for Revocation
		Grounds for Declaration of Invalidity
	13. EU Trade Marks, 'International' Registration and Well-Known Marks
		Introduction
		The EU Trade Mark
		'International' Registration of Trade Marks
		Well-Known Marks
	14. Collective Marks, Certification Marks and Geographical Indications
		Introduction
		Collective Marks
		Certification Marks
		Geographical Indications
	15. Passing Off
		A General Rule
		Varieties of Passing Off
		'Badges' and Reputations
		Odd and Unusual Instances
		Suing for Passing Off
	16. Malicious Falsehood and Other Actions
		Introduction
		Malicious Falsehood
		Domain Name Disputes
		Company Name Disputes
		Advertising Standards Controls
PART IV:
COPYRIGHT AND RELATED RIGHTS
	17. Introduction to Copyright
		Introduction
		The Nature of Copyright
		Copyright, Reputations and Competition
		Types of Copyright Dispute
		Copyright in Practice
		Copyright and Confidence
		Old Copyright Works
		A Short History
	18. Works: The Subject of Copyright
		Works: A Closed List
		EU Influence on Originality and Works
		Illegal and Immoral Works
		Overlapping Rights
	19. Authorship, Ownership and Term of Copyright
		Introduction
		The Basic Rule – Copyright Belongs to the Author
		Exception 1 – Works by Employees
		Exception 2 – Commissioned Works
		Crown and Parliamentary Copyright
		Where Authorship is Uncertain
		Orphan Works
		Duration and its Link to the Author and the Work
	20. What Is Infringement of Copyright?
		Introduction
		Primary and Secondary Infringement
		A Derivative Link is Crucial
		Infringement by Reproduction
		Other Forms of Primary Infringement
		Secondary Infringement
	21. What Is Not Infringement?
		Introduction
		The Owner of the Copyright Cannot Control Legitimate Copies
		Specific Exceptions
		Problematic Situations
	22. Dealings in Copyright
		Introduction
		Formal Problems
		Contracts Relating to Copyright
		Taxation and Authors
	23. Moral and Other Related Rights
		Moral Rights
		Other Related Rights
PART V:
MISCELLANEOUS MATTERS
	24. The Criminal Law and Customs Seizure
		Introduction
		The Trade Marks Act 1994
		The Copyright, Designs and Patents Act 1988
		Registered Designs Act 1949
		The Consumer Protection from Unfair Trading Regulations 2008
		Other Criminal Laws
		The Practical Working of the Criminal Law
		Customs Seizures
	25. Confidence and Privacy
		Introduction
		The Action for Breach of Confidence
		Sale of 'Know-How'
		The Need for Agreements
		Difficult Cases
		Privacy and the Press
		A Brief Excursion into a Dry Debate
		The EU Trade Secrets Directive
	26. Database Right
		Introduction
		What Is a Database?
		What the Database Right Protects
	27. Reselling IP-Protected Goods: Licence or Exhaustion of Rights
		Introduction
		Does the Trade Activity Fall within the IP Holder's Exclusive Rights?
		Consent/Licence
		Exhaustion of IP Rights
		Post-Brexit Trade between the UK, the EEA and the World
		Free Movement of Goods within the European Economic Area
		When Rights are Not Exhausted
	28. Some International Aspects and Competition Law
		Public International Law Aspects
		EU Law
		Competition Law
		Private International Law
		Foreign Entitlement to UK IP Rights
Index