Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0019
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter examines the European Union rules on the free movement of goods as they impact on intellectual property rights. It discusses the tensions arising between the aims of creating a common market and intellectual property, with particular reference to the Treaty provisions relevant to this area. The chapter examines the relevant case law with a focus on intra-EEA parallel imports, repackaging, legitimate interests in opposing the further circulation of goods within the European Community, international exhaustion of rights, and the relation between IP rights and free movement of services. The chapter concludes with discussion of recent developments in exhaustion of rights in the online environment.
{"title":"19. Free movement of goods and intellectual property rights","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0019","url":null,"abstract":"This chapter examines the European Union rules on the free movement of goods as they impact on intellectual property rights. It discusses the tensions arising between the aims of creating a common market and intellectual property, with particular reference to the Treaty provisions relevant to this area. The chapter examines the relevant case law with a focus on intra-EEA parallel imports, repackaging, legitimate interests in opposing the further circulation of goods within the European Community, international exhaustion of rights, and the relation between IP rights and free movement of services. The chapter concludes with discussion of recent developments in exhaustion of rights in the online environment.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129173201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/HE/9780198733690.003.0004
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter considers the ‘economic rights’ the copyright owner enjoys while copyright protection endures. These are the rights that the Copyright, Designs, and Patents Act 1988 (CDPA 1988) calls ‘acts restricted by copyright’, which may be exploited by transferring them to others or licensing others to use them for a price. The chapter discusses the rights flowing from ownership of copyright and the international framework that underpins them, noting the influence upon UK law of a number of EU Directives. It identifies the general principles pertaining to infringement of economic rights, before turning to the detailed rules on each economic right: to make copies, issue copies to the public; rent or lend commercially to the public; perform, show, or play in public; communication to the public; and make adaptations. It discusses authorisation of infringement (accessory liability) in relation to these economic rights, and finally considers secondary infringement of copyright.
{"title":"4. Copyright 3: economic rights and infringement","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/HE/9780198733690.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780198733690.003.0004","url":null,"abstract":"This chapter considers the ‘economic rights’ the copyright owner enjoys while copyright protection endures. These are the rights that the Copyright, Designs, and Patents Act 1988 (CDPA 1988) calls ‘acts restricted by copyright’, which may be exploited by transferring them to others or licensing others to use them for a price. The chapter discusses the rights flowing from ownership of copyright and the international framework that underpins them, noting the influence upon UK law of a number of EU Directives. It identifies the general principles pertaining to infringement of economic rights, before turning to the detailed rules on each economic right: to make copies, issue copies to the public; rent or lend commercially to the public; perform, show, or play in public; communication to the public; and make adaptations. It discusses authorisation of infringement (accessory liability) in relation to these economic rights, and finally considers secondary infringement of copyright.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126227660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0013
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and its differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and also the accompanying policy tensions, in the context of an increasingly visible place of brands in society. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and national (UK) perspective. Reflecting relevant agreements and treaties, the chapter outlines various standards established for the protection of trade marks, along with the systems by virtue of which traders can register and protect marks in many countries throughout the world.
{"title":"13. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimes","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0013","url":null,"abstract":"This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and its differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and also the accompanying policy tensions, in the context of an increasingly visible place of brands in society. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and national (UK) perspective. Reflecting relevant agreements and treaties, the chapter outlines various standards established for the protection of trade marks, along with the systems by virtue of which traders can register and protect marks in many countries throughout the world.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129955762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0002
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.
{"title":"2. Copyright 1: history, rationale, and policy context","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0002","url":null,"abstract":"This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":" 57","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132011088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0007
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.
{"title":"7. Rights akin to copyright: database right and performers’ rights","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0007","url":null,"abstract":"This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127894755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0015
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter discusses the relative grounds for refusal or invalidation of a registered trade mark, the circumstances in which a trade mark can be infringed, and defences to an action of infringement and their limits. As relative grounds and infringement overlap, these are considered together. Important additional legal issues on infringement—such as what constitutes infringing ‘use’ of a trade mark—are also considered. Key questions are the power conferred by a trade mark over the activities of others and the extent to which activities of others can prevent the registration of a trade mark. Again, the chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), together with a rich body of case law.
{"title":"15. Trade marks 3: relative ground for refusal and invalidation, infringement, and defences","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0015","url":null,"abstract":"This chapter discusses the relative grounds for refusal or invalidation of a registered trade mark, the circumstances in which a trade mark can be infringed, and defences to an action of infringement and their limits. As relative grounds and infringement overlap, these are considered together. Important additional legal issues on infringement—such as what constitutes infringing ‘use’ of a trade mark—are also considered. Key questions are the power conferred by a trade mark over the activities of others and the extent to which activities of others can prevent the registration of a trade mark. Again, the chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), together with a rich body of case law.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"2019 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114500216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0003
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter first examines the subject matter in which copyright subsists and the criteria for copyright protection as set out in the Copyright, Designs, and Patents Act 1988 (CDPA 1988). This centres on the concept of the ‘protected work’ and makes use of a distinction between what are sometimes known as ‘author works’ (literary, dramatic, musical, artistic, and film works) and ‘media works’ (typographical arrangements, sound recordings, broadcasts, and adaptations). It then considers the identification of the first owner of copyright when it comes into existence. It discusses the concept of joint authorship and ownership of copyright works when created in the course of employment. The final section discusses the duration of copyright.
{"title":"3. Copyright 2: subject matter, first ownership, and term","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0003","url":null,"abstract":"This chapter first examines the subject matter in which copyright subsists and the criteria for copyright protection as set out in the Copyright, Designs, and Patents Act 1988 (CDPA 1988). This centres on the concept of the ‘protected work’ and makes use of a distinction between what are sometimes known as ‘author works’ (literary, dramatic, musical, artistic, and film works) and ‘media works’ (typographical arrangements, sound recordings, broadcasts, and adaptations). It then considers the identification of the first owner of copyright when it comes into existence. It discusses the concept of joint authorship and ownership of copyright works when created in the course of employment. The final section discusses the duration of copyright.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129276077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198733690.003.0008
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter discusses the law of registered designs. It explains the international treaty context for design law, and then considers the substantive law of registered designs in the UK and at an EU level, looking together at UK registered design protection and the Community registered design. Issues considered include: what designs may be validly registered, exclusions from protection, treatment of spare parts and component parts of complex products, challenging the validity of a registration, rights conferred by registration, and defences to infringement. The chapter also looks briefly at the interaction between registered design protection and other IP rights, in particular copyright.
{"title":"8. Registered designs","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198733690.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198733690.003.0008","url":null,"abstract":"This chapter discusses the law of registered designs. It explains the international treaty context for design law, and then considers the substantive law of registered designs in the UK and at an EU level, looking together at UK registered design protection and the Community registered design. Issues considered include: what designs may be validly registered, exclusions from protection, treatment of spare parts and component parts of complex products, challenging the validity of a registration, rights conferred by registration, and defences to infringement. The chapter also looks briefly at the interaction between registered design protection and other IP rights, in particular copyright.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122871987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/HE/9780198733690.003.0009
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter discusses unregistered design protection which confers its own form of protection for a more limited period than is the case for other IP rights. The chapter examines the two main forms of unregistered design right: the UK unregistered design right established by Part III of the Copyright, Designs and Patents Act 1988; and the Community unregistered design right. While Community unregistered design right is closely connected to the scheme of registered design law discussed in Chapter 8, UK unregistered design right is a fully independent and distinct form of unregistered protection for designs which is unique to the UK and poses its own particular challenges. The chapter also considers in more detail the evolving and complex interaction of design protection and copyright including recent UK legislative developments.
{"title":"9. Unregistered designs","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/HE/9780198733690.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198733690.003.0009","url":null,"abstract":"This chapter discusses unregistered design protection which confers its own form of protection for a more limited period than is the case for other IP rights. The chapter examines the two main forms of unregistered design right: the UK unregistered design right established by Part III of the Copyright, Designs and Patents Act 1988; and the Community unregistered design right. While Community unregistered design right is closely connected to the scheme of registered design law discussed in Chapter 8, UK unregistered design right is a fully independent and distinct form of unregistered protection for designs which is unique to the UK and poses its own particular challenges. The chapter also considers in more detail the evolving and complex interaction of design protection and copyright including recent UK legislative developments.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115417327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-27DOI: 10.1093/he/9780198799801.003.0014
Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica
This chapter examines the definition of a registrable trade mark, absolute grounds for refusal or invalidation of a registered trade mark, the extent to which objections can be overcome through proof of distinctiveness acquired through use and the rules on revocation of a registered trade mark, both at national and EU levels. It examines these issues looking at many different kinds of trade mark, from traditional work marks and logos to so-called ‘non-conventional’ trade marks such as three-dimensional product shapes, sounds, smells, colours, and ‘position’ marks. The chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), a rich base of case law, and links to the the theroetical debates seen in Chapter 13.
{"title":"14. Trade marks 2: definition of a registrable trade mark, absolute grounds for refusal and invalidation, and revocation","authors":"Alexander Brown, Smita Kheria, Jane Cornwell, Marta Iljadica","doi":"10.1093/he/9780198799801.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198799801.003.0014","url":null,"abstract":"This chapter examines the definition of a registrable trade mark, absolute grounds for refusal or invalidation of a registered trade mark, the extent to which objections can be overcome through proof of distinctiveness acquired through use and the rules on revocation of a registered trade mark, both at national and EU levels. It examines these issues looking at many different kinds of trade mark, from traditional work marks and logos to so-called ‘non-conventional’ trade marks such as three-dimensional product shapes, sounds, smells, colours, and ‘position’ marks. The chapter reflects evolving legislation at an EU level (particularly the EU’s 2015 trade mark reform package), a rich base of case law, and links to the the theroetical debates seen in Chapter 13.","PeriodicalId":186776,"journal":{"name":"Contemporary Intellectual Property","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123467255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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