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Landmark cases in intellectual property law / edited by Jose Bellido.

Contributor(s): Material type: TextTextSeries: Landmark casesPublisher: Oxford, UK ; Portland, OR, USA : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2017Copyright date: ©2017Description: 1 online resource (xxviii, 382 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509904679
  • 1509904670
  • 1509904689
  • 9781509904686
  • 9781509904693
  • 1509904697
Subject(s): Genre/Form: Additional physical formats: Print version:: Landmark cases in intellectual property law.DDC classification:
  • 346.4104/8 23
LOC classification:
  • KD1269 .L37 2017
Online resources:
Contents:
Preface; Contents; Contributors; Table of Cases; Table of Legislation; 1; Mansell v Bunger (1626); I. Introduction; II. Robert Mansell and the Patent for Glass; III. Conclusion; 2; Stationers v Seymour (1677); I. Introduction; II. The Legal Landscape to 1710; III. Role in the Literary Property Debates; IV. Stationers v Seymour Revisited; V. Conclusion; Annex: Seymour's Patent Enrolment C66/3111, no 14bis (7 Oct 1669)167; 3; Sayer v Moore (1785); I. Introduction; II. The Litigation against John Hamilton Moore; III. Copyright Law and Enlightenment Epistomology; IV. Where are they Now?
v. Conclusion4; Day v Day, Day and Martin (1816); I. Background to the Litigation; II. The Prior Jurisprudence; III. Day and Martin v Slee and Statham; IV. Day and Martin v Thomas Day, John Day and Peter Martin; V. The Implications of the Day and Martin Litigation; VI. Conclusion; VII. Postscript; 5; Nobel's Explosives Company, Limited, v Anderson (1894); I. Introduction; II. Smokeless Powders and Inventors"" Identities; III. The Making of the Legal Case; IV. Chancery and Beyond; V. The Impact and Significance of the Case; 6; Walter v Lane (1900); I. Introduction.
II. Lord Rosebery and his SpeechesIII. Copyright in Oral Presentations; IV. Moberly Bell and Newspaper Copyright; V. Walter v Lane; VI. Originality and the Legacy of Walter v Lane; VII. Postcript; 7; Spalding v Gamage (1915); I. Introduction; II. The Development of Passing Off in the Nineteenth Century: an Uncertain Framework; III. Spalding, the 'Orb' Football Case; IV. Conclusion; 8; King Features Syndicate, Inc and Betts v O & M Kleeman Ltd (1940); I. Introduction; II. Syndicating Features; III. Novelty Rights; IV. Japanese Toys; V. Conclusion; 9; Slee & Harris's Application (1966).
I. IntroductionII. Software in the 1960s; III. Patent Office Examination; IV. Software and Subject Matter Eligibility; 10; Coco v AN Clark (Engineers) Ltd (1969); I. Introduction; II. Quantitative Analysis; III. Qualitative Analysis; IV. Conclusion; Annex; 11; Biogen v Medeva (1996); I. Introduction; II. Commercialising Biotechnology; III. Inventive Thought or Inventive Industry?; IV. Lord Hoffmann's Opinion; V. Conclusion; 12; R v Johnstone (2003); I. Introduction; II. The Decision in R v Johnstone; III. Explaining R v Johnstone; IV. Criminalisation and the Making of Modern Trade Marks Law.
v. Conclusion13; Lego Juris A/S v OHIM (2010); I. Introduction; II. Quantity Production; III. 'If You Can't Tell the Difference, Why Pay More?'30; IV. 'It's not Really a Toy, It's a Medium,54; V. 'Participation is the New Brand'79; Index.
Summary: This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.-- Provided by Publisher.
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Preface; Contents; Contributors; Table of Cases; Table of Legislation; 1; Mansell v Bunger (1626); I. Introduction; II. Robert Mansell and the Patent for Glass; III. Conclusion; 2; Stationers v Seymour (1677); I. Introduction; II. The Legal Landscape to 1710; III. Role in the Literary Property Debates; IV. Stationers v Seymour Revisited; V. Conclusion; Annex: Seymour's Patent Enrolment C66/3111, no 14bis (7 Oct 1669)167; 3; Sayer v Moore (1785); I. Introduction; II. The Litigation against John Hamilton Moore; III. Copyright Law and Enlightenment Epistomology; IV. Where are they Now?

v. Conclusion4; Day v Day, Day and Martin (1816); I. Background to the Litigation; II. The Prior Jurisprudence; III. Day and Martin v Slee and Statham; IV. Day and Martin v Thomas Day, John Day and Peter Martin; V. The Implications of the Day and Martin Litigation; VI. Conclusion; VII. Postscript; 5; Nobel's Explosives Company, Limited, v Anderson (1894); I. Introduction; II. Smokeless Powders and Inventors"" Identities; III. The Making of the Legal Case; IV. Chancery and Beyond; V. The Impact and Significance of the Case; 6; Walter v Lane (1900); I. Introduction.

II. Lord Rosebery and his SpeechesIII. Copyright in Oral Presentations; IV. Moberly Bell and Newspaper Copyright; V. Walter v Lane; VI. Originality and the Legacy of Walter v Lane; VII. Postcript; 7; Spalding v Gamage (1915); I. Introduction; II. The Development of Passing Off in the Nineteenth Century: an Uncertain Framework; III. Spalding, the 'Orb' Football Case; IV. Conclusion; 8; King Features Syndicate, Inc and Betts v O & M Kleeman Ltd (1940); I. Introduction; II. Syndicating Features; III. Novelty Rights; IV. Japanese Toys; V. Conclusion; 9; Slee & Harris's Application (1966).

I. IntroductionII. Software in the 1960s; III. Patent Office Examination; IV. Software and Subject Matter Eligibility; 10; Coco v AN Clark (Engineers) Ltd (1969); I. Introduction; II. Quantitative Analysis; III. Qualitative Analysis; IV. Conclusion; Annex; 11; Biogen v Medeva (1996); I. Introduction; II. Commercialising Biotechnology; III. Inventive Thought or Inventive Industry?; IV. Lord Hoffmann's Opinion; V. Conclusion; 12; R v Johnstone (2003); I. Introduction; II. The Decision in R v Johnstone; III. Explaining R v Johnstone; IV. Criminalisation and the Making of Modern Trade Marks Law.

v. Conclusion13; Lego Juris A/S v OHIM (2010); I. Introduction; II. Quantity Production; III. 'If You Can't Tell the Difference, Why Pay More?'30; IV. 'It's not Really a Toy, It's a Medium,54; V. 'Participation is the New Brand'79; Index.

This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.-- Provided by Publisher.

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