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.
Introducing the practice and procedure of trade marks in Ireland and at the EU Intellectual Property Office (EUIPO), this book steers clear of confusing legal jargon, explaining the main trade mark principles clearly and concisely. Several new chapters have been added to the Second Edition, addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. Recent Irish legislation is also covered: - European Union (Trade Marks) Regulations 2018 (SI 561/2018) - Trade Marks (Amendment) Rules 2018 (SI 562/2018) - Trade Marks Act 1996 (Community Trade Mark) (Amendment) Regulations 2018 (SI 563/2018) - Trade Marks (Amendment) Rules 2019 (SI 588/2019 and 628/2019) - Copyright and Other Intellectual Property Law Provisions Act 2019 - Public Health (Standardised Packaging of Tobacco) Act 2015 Notable authorities are also considered, such as: - Galway Free Range Eggs Ltd v O' Brien and Ors [2016] IEHC 249 - Nutrimedical BV & anor v Nualtra Ltd [2016] IEHC 261; [2017] IEHC 253 - Aldi v Dunnes Stores [2019] IESC 41 - Cartier International & Ors v British Sky Broadcasting Limited & Ors [2014] EWHC 3354 (Ch), [2016] EWCA Civ 658 and [2018] UKSC 28 - Sky Ltd & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch) and [2021] EWCA Civ 1121 - Aviareto Ltd v Global Closing Room Ltd [2021] IEHC 377 This is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
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
While supplementary protection certificates (SPCs) are governed by the same substantive rules in all Member States of the European Union and the European Economic Area (EEA), they are national intellectual property rights. The formal requirements and procedural practices of the national patent offices granting SPCs still differ significantly, and these divergences can have a substantial impact on the prosecution of SPCs across Europe. This one-of-a-kind handbook provides an in-depth review of SPC law in Europe, covering all substantive and procedural aspects of prosecution, enforcement and invalidation, as well as SPC-related aspects of unfair competition law. Following an overarching European chapter, which addresses general considerations and the relevant European Union law, including the jurisprudence of the Court of Justice (CJEU) and the EFTA Court, this book contains detailed national chapters for all European states that provide SPCs − i.e., the twenty-seven EU Member States (Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden), the EEA/EFTA states Norway and Iceland, as well as the United Kingdom, Switzerland/Liechtenstein, Serbia, Bosnia and Herzegovina, Albania, and North Macedonia. The contributors to this book, all seasoned experts in the field of SPCs in their respective jurisdictions, provide clear and hands-on guidance on the most pertinent SPC-related topics of practical and strategic relevance. The considerably expanded second edition of this handbook offers a comprehensive analysis of European SPC law and practice, covering all European states with SPC systems in detailed national chapters. As such, this book provides invaluable assistance to IP practitioners in devising successful pan-European SPC filing and litigation strategies. Its practice-oriented approach, in combination with a country-by-country format where all chapters follow the same structure, makes it easy to compare the national practices and the respective national case law of the different European countries. ‘The present work fills a gap and provides, for the first time, an overview of the SPC practice in the EU Member States, which despite the intended harmonization by the respective EU legislation is still decidedly inconsistent in some areas. Altogether, this successful work, with its streamlined structure and clear language that is immediately comprehensible even to non-native speakers, functions not “only” as a source of information for European attorneys, authorities and courts. It also conveys – perhaps not at all intended by the authors – the unique diversity of this European legal regime, which for many exerts a special fascination. The present Practitioner’s Guide can be recommended without reservation and should not be missing in any specialist library.’ – Jürgen Schell, Judge at the German Federal Patent Court, on the first edition of this book.
This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.
On 31st December 2020, the Brexit transition period ended and the new EU-UK partnership began. The second edition discusses the new EU-UK partnership, and the related agreements, looking at the effect these will have on businesses trading with the EU. The book then looks at each area pertinent to running a business and looks at the related advantages and disadvantages that arise from Brexit, e.g. the Brexit Trade and Cooperation Agreement, a new points-based immigration system, and customs and VAT rules on imports and exports. This title is included in Bloomsbury Professional's Company and Commercial Law online service.
An abundance of practical examples gives students a unique perspective on the subject in its social context. This book examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and possible future developments. Selling Points: - An accessible andengagingly written introduction to intellectual property law - Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas forfurther debate in order to give students an in-depth understanding of the subject - Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law - Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life New to this Edition: - Includes engagement throughout the book with the implications of Brexiton IP law (including regarding the Unitary Patent, registered and unregistered Community designs, and the relationship with the EU in the context of free movement of goods and competition law) andrelevant agreements, legislation, case law and retained EU law - Coverage of important recent ECJ and UK case law on copyright subsistence, the category of artistic craftsmanship, joint authorship, infringement by copying, the public communication right, the IP Enforcement Directive, and the unregistered Community design - Discussion of new developments including the EU Trade Secrets Directive; the actions for breach of confidence and misuse ofprivate information; patents of the tests (and their limits) for inventive step; the new approaches of the EPO regarding biological products and processes; and the latest updates on remedies Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the bookinclude: -Guidance on answering the discussion points from the book -Online chapters on the following topics: -History of unregistered design protection in the UK -History ofregistered design law in the UK to 1988 -Intellectual property and international private law -Web links and further reading
Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.
Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
In the European Union (EU), its Member States and the United Kingdom (UK) post-Brexit, as elsewhere, the marketing of pharmaceuticals is subject to an ever more complex web of legislation and regulation, resulting from the intense scrutiny necessary to ensure such essential products are not only efficacious but also safe. This useful volume lays out this system with extraordinary clarity and logic. Adopting a Europe-wide perspective on the law governing pharmaceuticals, expert authors from the law firm Bird & Bird LLP map the life cycle of a medicinal product or medical device from development to clinical trials to product launch and ongoing pharmacovigilance, offering comprehensive and unambiguous guidance at every stage. Following a brief overview of how the exit from the EU by the UK currently affects the regulatory regime, as well as an introductory overview focusing on the regulatory framework for pharmaceuticals in Europe – from its underlying rationales to the relevant committees and agencies – each of the following twenty-one incisive chapters examines a particular process or subject. Among the many topics and issues covered from both an EU and UK perspective are the following: clinical trials; stages and standards for creating a product dossier; obtaining a marketing authorisation; how and when an abridged marketing authorisation procedure can be used; criteria for conditional marketing authorisations; generic products and ‘essential similarity’; paediatric use and the requisite additional trials; orphan medicinal products; biologicals and ‘biosimilars’; homeopathic, herbal and similar medicines; medical devices; pandemics, epidemics and vaccines; pharmacovigilance; parallel trade; advertising; and relevant competition law, intellectual property rights and data protection regulation. In addition, sample forms and URLs for the most important reference materials are included. Pharmaceutical lawyers and regulatory advisers, both in-house and in private practice, will welcome this unique book. It offers immeasurable value for all who need to understand the process of bringing a medicinal product or medical device to market and the continuing rights and obligations.
