Professor Alison Firth

2014, p. 52-85

This article examines a consequence of Art 13 of Directive 2004/48 on the enforcement of intellec- tual property rights. The authors consider the extent to which at least in the UK, the remedy of damages has effectively usurped the role and function of the free-standing remedy of account of profits. † It is argued that Art 13 has eliminated the need for electing between damages and account and a cascade is proposed, by which courts might approach the award of damages under Art 13.

Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media ...

This new edition includes the extensive amendments to the Copyright, Designs and Patents Act 1988, the European Patent Convention, the Patent Co-operation ...

This book covers an extensive range of critical issues in modern Intellectual Property(IP) law under three broad headings; Technology, Market Freedom and the ...

This chapter analyses the public interest defence in breach of confidence and in copyright, using insights from the work of Ricketson.

This second edition deals with all the relevant domestic and international developments.The text incorporates and analyzes the ongoing

European trade mark norms found their way into the World Trade Organisation’s agreement on Trade Related aspects of Intellectual Property Rights (WTO TRIPs) and into the law of New Zealand, a WTO member state. This chapter charts the journey of those norms by analysing treaty and legislative texts as well as the processes leading to TRIPs. It questions whether New Zealand law has taken on problematic aspects of EU trade mark law as well as beneficial ones. The chapter’s processes and findings exemplify the book’s theoretical framework of norm reception—adoption, adaptation, resistance and rejection. New Zealand law has proved resistant to the problems under study, whilst successfully adopting beneficial aspects and adapting them to local conditions.

The entry into force on 1 July 2003 of EC Regulation 1383/2003, and the adoption on 21 October 2004 of EC Regulation 1891/2004, have given rise to what ...

European trade mark norms found their way into the World Trade Organisation’s agreement on Trade Related aspects of Intellectual Property Rights (WTO TRIPs) and into the law of New Zealand, a WTO member state. This chapter charts the journey of those norms by analysing treaty and legislative texts as well as the processes leading to TRIPs. It questions whether New Zealand law has taken on problematic aspects of EU trade mark law as well as beneficial ones. The chapter’s processes and findings exemplify the book’s theoretical framework of norm reception—adoption, adaptation, resistance and rejection. New Zealand law has proved resistant to the problems under study, whilst successfully adopting beneficial aspects and adapting them to local conditions.

This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice.

Formerly known as the Yearbook of Media and Entertainment Law, 1999 sees thiswell-established Yearbook renamed as the Yearbook of Copyright and Media Law to ...

Previous research has demonstrated that EU trade mark norms found their way into New Zealand law through the World Trade Organisation agree- ment on Trade-Related Aspects of Intellectual Property Rights (WTO TRIPS). This paper will give a brief résumé of that research and outline the current enquiry—whether these and related norms are likely to be re-transmitted, in identical or modified form. This could occur via the draft intellectual property chapter of the proposed Trans-Pacific Partnership (TPP) agreement. While this was under discussion, the EU and USA were negotiating a Trans-Atlantic Trade and Investment Partnership (TTIP) agreement. Although geographical indica- tions (GIs, protected under trade mark law in the USA) have been a hot topic in TTIP negotiations, there is scant information on any possible chapter on GIs, trade marks and other forms of intellectual property in TTIP. However, US Trade Representative and TTIP negotiator Michael Froman has spoken admir- ingly of the intellectual property provisions in the draft TPP. If an intellectual property chapter were introduced into TTIP, it seems likely that TPP text would be adopted or adapted, bringing norms full circle back to the EU. In consid- ering this possibility, it is suggested that the biological analogy of viral transfer of genetic code may be even more apt than that of transplants to illuminate the process of re-transmission of adopted or adapted legal norms through the medium of international treaties.

Many companies operate in an international environment and need a work which can provideanalysis of legislation in several jurisdictions, a unique feature of ...

For any reader needing a concise yet expert explanation of a subject in law, the NewOxford Companion to Law is the ideal reference work.