Michael Spence - Intellectual Property

CLARENDON LAW SERIES

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PAUL L. DAVIES

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Policies and Perceptions of Insurance Law in the Twenty-First Century

MALCOLM CLARKE

Civil Liberties

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International Law

VAUGHAN LOWE

MICHAEL SPENCE

Fellow, St Catherines College, Oxford Consultant, Olswang Solicitors

Great Clarendon Street, Oxford OX2 6DP

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Michael Spence 2007

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British Library Cataloguing in Publication Data

Data available

Library of Congress Cataloging in Publication Data

Spence, Michael.

Intellectual property / Michael Spence.

p. cm.(Clarendon law series)

Includes bibliographical references and index.

ISBN13: 9780198765011 (alk. paper)

ISBN13: 9780198765028(alk. paper) 1. Intellectual property. I. Title.

K7550.S64 2007

346.048dc22

2007026167

Typeset by Newgen Imaging Systems (P) Ltd, Chennai, India

Printed in Great Britain

on acid-free paper by

Biddles Ltd, Kings Lynn

ISBN 9780198765028 (Hbk)

ISBN 9780198765011 (Pbk)

1 3 5 7 9 10 8 6 4 2

This book introduces the intellectual property regimes and related legal actions and explores their basis in principle and policy. Much of the complexity of the law is inevitably omitted. But the reader should emerge with an understanding of both the individual regimes and the taxonomy of the intellectual property system as a whole. This latter is important because, as the intellectual property regimes expand, too little attention is paid both to their interrelationship and to their relationship with cognate areas of the law such as that of unfair competition. The law is stated as at 1 February 2007. In a rapidly developing field such as this, any snapshot of the law is soon inaccurate. At the time of writing, for example, the judgment of the House of Lords in Douglas v Hello! (No 6) has not yet been handed down. But the beauty of a snapshot is that it is both digestible and gives a candid picture of the current state of play. Like the subject of many snapshots, there is much in the current law of intellectual property that is rather messy. I have tried to both capture that mess, and gently to clean it up sufficiently to give a coherent account of the subject as a whole.

The project has been some time in coming to fruition and I am grateful for the support of my family, both those who were born at the time of its commencement and those who were not, to Beth, James, Philippa, Oliver, Lucinda, and Felicity. I am grateful to my colleagues Timothy Endicott, Justine Pila and Robert Stevens with whom I have discussed various parts of the book, to Lionel Bently for commenting on a draft and to several research assistants, particularly Alison Slade. The book is dedicated to my father who died while it was in the final stages of preparation, but who, in his last few years of life, never failed to enquire after its health!

A v B Plc [2003] QB 195

A Fulton Co Ltd v Totes Isotoner (UK) Ltd [2004] RPC (16) 301

A & M Records Inc v Napster Inc 114 F Supp 2d 896 (2000); 239 F 3d 1004 (2001)

Ackroyds (London) v Islington Plastics [1962] RPC 97

Ad-Lib Club Ltd v Granville [1971 ] FSR 1

Adidas-Salomon AG v Fitnessworld Trading Ltd (C-408/01) [2004] Ch 120

Aerotel Ltd v Telco Holdings Ltd [2007] RPC (7) 117

Aktieselskabet af 21 November 2001 v TDK Kabushki Kaisha (TDK Corporation) (R-364/2003-1) OHIM First Board of Appeal, 7 October 2004, unreported

ALCAN/Aluminium Alloys T 465/92 [1995] EPOR 501

Alfa Laval Cheese Systems Ltd v Wincanton Engineering Ltd [1990] FSR 583

American Cyanamid Co v Ethicon Ltd [1975] AC 396

American Home Products v Novartis Pharmaceuticals [2001 ] RPC (8) 159

AMP Incorporated v Utilux Proprietary Limited [1971 ] FSR 572

Anheuser-Busch Inc v Budejovick; Budvar, nrodn podnik (C-245/02) [2005] ETMR (27) 286

Ansul BV v Ajax Brandbeveiliging BV (C-40/01) [2003] RPC (40) 717

Antiquesportfolio.com Plc v Rodney Fitch & Co Ltd [2001 ] FSR (23) 345

Anton Piller KG v Manufacturing Processes [1976] Ch 55