A User's Guide to Trade Marks and Passing Off


Book Description

A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.




A User's Guide to Trade Marks and Passing Off


Book Description

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions




A User's Guide to Trade Marks and Passing Off


Book Description

The second edition of this comprehensive text has been fully revised and expanded and includes chapters on the common law protection for trade marks rights and UK and EC competition law. These chapters incorporate the tort of passing off, rights and remedies under the Trade Descriptions Act, the Rules of the Advertising Standards Association, the Restrictive Trade Practices Act, the Competition Act and the Treaty of Rome. Expert analysis is given on all affected key issues such as registration, infringement, assignment and licensing, offering everything the busy trade mark specialist needs to know.




A User's Guide to Intellectual Property in Life Sciences


Book Description

Life Sciences is one of the most innovative and complex areas of law. It is currently undergoing a period of intense transformation, with companies facing an ever-increasing level of regulation as well as strict cost management in order to remain competitive and profitable. The latest in "A User's Guide to..." series it covers life sciences in relation to: - patents - copyright - trade marks; and - data protection The book covers UK law with references to significant EPO cases. A key part of the book is the coverage of case law. Case studies and detailed analysis of the key cases, eg the Kymab mouse case, the human genome sciences case, and the pregabalin case feature heavily helping to put this often complex area of law into context. Where appropriate and for comparison purposes, approaches of key foreign jurisdictions are summarised and for ease of use there are clearly signposted. A key text for practitioners specialising in life sciences and intellectual property in general and patents officers dealing with life sciences applications.




International Encyclopedia of Information and Library Science


Book Description

The International Encyclopedia of Information and Library Science was published to widespread acclaim in 1996, and has become the major reference work in the field. This eagerly awaited new edition has been fully revised and updated to take full account of the many and radical changes which have taken place since the Encyclopedia was originally conceived. With nearly 600 entries, written by a global team of over 150 contributors, the subject matter ranges from mobile library services provided by camel and donkey transport to search engines, portals and the World Wide Web. The new edition retains the successful structure of the first with an alphabetical organization providing the basic framework of a coherent collection of connected entries. Conceptual entries explore and explicate all the major issues, theories and activities in information and library science, such as the economics of information and information management. A wholly new entry on information systems, and enhanced entries on the information professions and the information society, are key features of this new edition. Topical entries deal with more specific subjects, such as collections management and information services for ethnic minorities. New or completely revised entries include a group of entries on information law, and a collection of entries on the Internet and the World Wide Web.




A User's Guide to Patents


Book Description

A User's Guide to Patents, Fifth Edition provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice. This new edition sets out how patents can be obtained, exploited and enforced and addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends that affect legal practitioners. It is essential reading for IP practitioners, solicitors and barristers, patent attorneys, in-house lawyers, management executives and inventors. Unique selling points: Explains how patents can be exploited and enforced by reference to the most recent UK and EPO case law Identifies and discusses the different patent law issues that can arise in specific industrial sectors Full tabulation of all English patent validity and infringement decisions given after full trial since 1997 Addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends in the field, both in Europe and internationally The following relevant developments are included: The new UK law as to infringement by equivalents following Actavis v Lilly (UKSC 2017) The degree to which new types of plant, produced by using certain modern biotechnological techniques, can be patented in the light of the exclusion for 'products obtained by essentially biological processes' and the ongoing controversy as to this between the EPO, the EPO Boards of Appeal and the EU The developing case law in the UK and the EPO on plausibility in the context of insufficiency and obviousness The Unjustified Threats Act 2017 and other procedural developments, such as those involving Arrow type declarations of obviousness Developments in standards related patent litigation, as in Unwired Planet v Huawei (Patents Court 2017, CA 2018)




A User's Guide to Copyright


Book Description

A User's Guide to Copyright, Seventh Edition is long established as one of the key texts in the field. Renowned for its practical, user-friendly and authoritative approach and for its practical application to the main copyright using industries, the book is considered essential reading for legal practitioners, copyright law students and - crucially - for those working in the copyright using industries. Extensively cross-referenced to cases, legislation and leading texts and articles, this book clearly and effectively illustrates and explains the scope and relevance of copyright law in the new digital information era. Legislation and case law includes: WIPO Treaties; Number of EU Directives; Enterprise and regulatory Reform Act 2013; Football Association Premier League case (CJEU (C-403/08)); Infopaq (C-302/10); Public Relations Consultants Association v The Newspaper Licensing Agency (C-360/13); ITV v TVCatchup (C-607/11); Da Vinci Code case – Baigent v Random House; Fisher v Brooker 2009 UKHL 41 – the Whiter Shade of Pale case.




Media Law


Book Description

First Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.




Intellectual Property in New Zealand


Book Description

From small businesses filing patents to designers protecting their copyright, from a gas station seeing its logo ripped off by a competitor to a blogger posting photographs, New Zealanders encounter intellectual property every day. Sometimes they need to call a lawyer. But at other times, they just need to get a clear understanding of what they can and can't do in order to go about their business. This handy little book, written by one of the country's leading intellectual property lawyers and author of the major texts on the subject, is an accessible introduction to patents, trademarks, copyright and other key elements of IP. Aimed at non-lawyers looking to understand basic concepts and key issues, the book will be a guiding light through the often murky waters of intellectual property law. What can be patented? Do you have to register a trademark? How does copyright work on the internet? Tackling common questions in concise and accessible prose, Intellectual Property in New Zealand: A User's Guide should sit on the desk of entrepreneurs and designers, journalists, inventors and many more across New Zealand. Costing about three minutes of a lawyer's time, it's a book worth owning.




Local Government Contracts and Procurement


Book Description

Aiming to assist lawyers and purchasing managers and managers in client departments with complex contracts, this guide offers guidance through the key stages of procurement tendering, selecting, negotiating and managing commercial contracts in the context of Best Value.