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Roughton, Johnson & Cook on Patents (formerly known as the
Modern Law of Patents) is an essential resource for patent lawyers
and patent attorneys. The title offers a fresh and comprehensive
exposition of law and procedure relating to patents in the UK and
Europe; and includes key precedents and court forms, covers useful
historical information and materials, and also explores recent and
future developments in patent law in one handy volume. Now in its
fifth edition, the title will be fully revised and updated to take
into account all the latest developments since the last edition,
and will include coverage of: * the impact of the UK leaving the
European Union on patent law and practice (eg on jurisdiction,
rules of exhaustion, SPCs, Border Regulation, EU compulsory
licences, etc); * key Supreme Court decisions and significant
decisions of lower courts; * important decisions of Enlarged Board
at the EPO and the Technical Boards of Appeal; and * retained EU
case law and the rules of precedent under the European Union
(Withdrawal) Act 2018.
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)
European Union law affects the law of intellectual property in two
main ways. The first is under EC Treaty provisions on
non-discrimination, free movement of goods (in relation to parallel
imports) and principles of competition law (in relation to
licensing of IPRs or refusal to grant such licenses). A significant
part of this book deals with those aspects of Community law that
are common to most intellectual property rights across the EC,
including the effect of the EC treaty on national intellectual
property rights, limited harmonisation of those rights in some
areas, and how EU law impacts on enforcement. The second way in
which EU law effects intellectual property is in those areas where
the substantive national intellectual property laws of the member
states have been harmonised, or supplemented, by the establishment
of Community-wide unitary intellectual property protection. The
rest of the book looks in detail at the effect of Community law and
of harmonisation on specific intellectual property rights,
including copyright and related rights, trade marks, geographical
indications, designs, database rights, patents and plant variety
rights .
The law of trade secrets is one of the most important and fastest
developing areas of intellectual property, but is by far the least
harmonised internationally. Indeed, the protection of trade secrets
was not mandated by any international treaty until the 1994
Agreement on Trade-Related Aspects of Intellectual Property Rights,
which nonetheless left countries with significant latitude as to
how they should implement such obligations. Since the last edition
the EU Trade Secrets Directive has had the effect of establishing
minimum levels of protection in the Member States of the EEA, but
major differences of approach still remain, and the Directive has
neither achieved total harmonisation under the civil law nor had
any effect on the protection of trade secrets by means of the
criminal law. The wide variety of approaches to the protection of
trade secrets internationally betrays the murky legal origins of
such protection. Are they protected by civil actions, in the
criminal courts, or both? And from the point of view of the civil
courts, is their protection effected under unfair competition law,
as seen in many civil law countries, or is it based instead on some
implied contract, fiduciary or other equitable obligation theory,
as seen in common law countries? Edited by leading IP practitioner
Trevor Cook, this important title demystifies the law of trade
secrets in over 30 jurisdictions, covering substantive and
procedural aspects of both criminal and civil law and exploring the
final remedies available under each. Designed to provide clear,
comprehensive and practical guidance, this is a powerful tool for
anyone requiring a broader and fuller understanding of trade secret
protection globally.
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