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Written by some of the most eminent IP practitioners, The Modern
Law of Patents offers a fresh, and comprehensive exposition of the
law relating to patents in the UK and Europe, including before the
Unified Patent Court. Updates in the new fourth edition will
include: * Supreme Court's decision in Eli Lilly v Actavis [2017]
UKSC 48 and the revival of a doctrine of equivalents; * The new
threats provisions under the Intellectual Property (Unjustified
Threats) Act 2017 and its relationship to malicious prosecution
following Willers v Joyce [2016] UKSC 43; * Declarations of
obviousness: Fujifilm Kyowa Kirin Biologics v Abbvie Biotechnology
Ltd [2017] EWCA Civ * The effect on employee compensation following
Shanks v Unilever [2017] EWCA Civ 2; * The Unitary Patent Court,
including the Protocol on provisional applications (PPA) and the
most recent (18th) draft of the Rules of Procedure; * Developments
in IPEC practice, including the costs ramifications of PPL v Hagan
[2016] EWHC 3076 (IPEC) [although there is talk of this being
reversed by an amendment to the CPR]; * The developments in cases
on damages and account of profits case law * Standards Patents and
FRAND damages: Unwired Planet International Ltd v Huawei
Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) * Settlements
and competition law: T-472/13 Ludbeck ECLI:EU:T:2016:449 (on appeal
C-591/16). * An exploration of the likely effects of Brexit on
patent law; * All the developments in practice under the Patents
Act 1977, the Patent Cooperation Treaty and at the European Patent
Office.
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.
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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