The text analyses the grey areas revealed as UK law contends with technological progress and European harmonization. New features: The section on Business Goodwill and Reputation has been restructured in the light of the lessening importance of the 1938 Act, with new chapters on registration of trade marks, infringement of trade marks and European aspects of trade marks, including the Community Trade Mark. The Copyright section now includes- the important HoL decision in Designer's Guild v Russell Williams; important new decisions on the new database right; coverage of a Dutch case in which UK law relating to designs and copyright was applied; adoption of the Artists' Resale Right Directive; coverage of the HoL decision in Newspaper Licensing Association v Marks & Spencer.
The Patents section now includes- changes to UK patent law to provide for biotechnological patents; coverage of the dispute between Dyson and Hoover regarding patents for bagless vacuum cleaners; more coverage of exclusions to patent protection. The Designs section includes a review of the new rules brought in to amend registered design law in accordance with the European Directive. The Business Goodwill and Reputation section now includes- coverage of important cases before the ECJ on issues such as likelihood of confusion and parallel importing; coverage of UK cases that have been referred to the ECJ - including the Remington (three-headed shaver) and Arsenal football memorabilia cases; more cases and other developments on domain names, including the dispute resolution systems and other internet issues as to whether the use of trade marks as meta-tags infringes those trade marks; more cases on groundless threats of trade mark infringement actions; and more cases on the meaning of bad faith in trade marks.
David I Bainbridge is a Barrister and Reader in Law at Aston Business School, Aston University, and has a background in Engineering and Information Technology....Continua