This book presents the most recent annotated text of the Patents Ordinance (Cap 514), pertaining to patent law in Hong Kong, in a convenient and up-to-date form with section-by-section annotations and commentary provided by a well-regarded practitioner. It reproduces the exact text of the Patents Ordinance section-by-section followed immediately by commentary and analysis of the aforementioned ordinance sections. It incorporates the most recent case law, legal precedents, authoritative materials and amendments/revisions of particular sections. Additionally, it provides the legislative history and legal debates which led to the creation and wording of that particular section of the Ordinance. Up-to-date and comprehensive covering each and every section of the Ordinance plus much more Contains the most relevant and recent legal precedents, legislative history, and public policy concerns for readers to analyse and learn about that particular section/part of the Ordinance Hong Kong and international cases from the UK and EU, related legislation and other authoritative materials are identified and discussed in detail Reader-friendly format provides precise, concise analysis and commentary Ideal for busy practitioners, gets you to the information you need quickly Each section and subsection is highlighted in the headings for easy reference Presents real-world and practical legal applications for daily practice Gives references to the most recent cases assisting in the interpretation of each section, relevant rules of court, definitions of words and phrases, discussion on practical aspects of application and contentious issues

Russell-Clarke & Howe on Industrial Designs provides in-depth commentary on the protection of industrial designs and is the essential text for guidance on how to get the best from the vast bed of legislation surrounding industrial designs, ensuring that your designs are safeguarded and protected. The book: Offers analytical, high level commentary on industrial designs, whilst maintaining a practice-focused edge. Provides a detailed historical treatment of copyright law and industrial design law from 1709 through to the current legislative position in order to provide a complete picture of design law in operation. Discusses copyright protection for industrial designs. Looks into infringement and validity disputes and threats actions, along with practical hints on how to avoid the mistakes of the past. The 10th edition contains: Full coverage of changes to UK industrial designs laws following Brexit. Sections on the new rights which replace Community registered and unregistered design rights: “re-registered” UK rights, and “continuing” and “supplementary” unregistered design rights. Full discussion of relevance of past and future case law of EU Court of Justice and General Court to interpretation of post-Brexit UK design laws. Up-to-date coverage of case law developments in UK and EU courts across the industrial design field. Important cases covered include DOCERAM v CeramTec (C 395/16) (shape dictated by function), Cofemel v G Star Raw (C 683/17) and Brompton Bicycle v Chedech/Get2Get (C 833/18) (copyright protection for designs which could be registered), Acacia v Pneusgarda (C-397/16) (designs and the right to repair) and Easy Sanitary Solutions v Group Nivelles (C-361/15 P) (prior art in any field can invalidate a design registration). Coverage of new Designs Appointed Person appellate jurisdiction with principles applied and initial case law. Expanded Chapter on Commonwealth and other countries who design law is historically linked with the UK, including new section on Malaysia. Appendices fully updated with Brexit changes and materials, including relevant extracts from the EU Withdrawal Agreement and the Trade and Cooperation Agreement. All you need for comprehensive and in-depth coverage of the UK’s evolving industrial design laws between two covers.

Russell-Clarke & Howe on Industrial Designs provides in-depth commentary on the protection of industrial designs and is the essential text for guidance on how to get the best from the vast bed of legislation surrounding industrial designs, ensuring that your designs are safeguarded and protected. The book: Offers analytical, high level commentary on industrial designs, whilst maintaining a practice-focused edge. Provides a detailed historical treatment of copyright law and industrial design law from 1709 through to the current legislative position in order to provide a complete picture of design law in operation. Discusses copyright protection for industrial designs. Looks into infringement and validity disputes and threats actions, along with practical hints on how to avoid the mistakes of the past. The 10th edition contains: Full coverage of changes to UK industrial designs laws following Brexit. Sections on the new rights which replace Community registered and unregistered design rights: “re-registered” UK rights, and “continuing” and “supplementary” unregistered design rights. Full discussion of relevance of past and future case law of EU Court of Justice and General Court to interpretation of post-Brexit UK design laws. Up-to-date coverage of case law developments in UK and EU courts across the industrial design field. Important cases covered include DOCERAM v CeramTec (C 395/16) (shape dictated by function), Cofemel v G Star Raw (C 683/17) and Brompton Bicycle v Chedech/Get2Get (C 833/18) (copyright protection for designs which could be registered), Acacia v Pneusgarda (C-397/16) (designs and the right to repair) and Easy Sanitary Solutions v Group Nivelles (C-361/15 P) (prior art in any field can invalidate a design registration). Coverage of new Designs Appointed Person appellate jurisdiction with principles applied and initial case law. Expanded Chapter on Commonwealth and other countries who design law is historically linked with the UK, including new section on Malaysia. Appendices fully updated with Brexit changes and materials, including relevant extracts from the EU Withdrawal Agreement and the Trade and Cooperation Agreement. All you need for comprehensive and in-depth coverage of the UK’s evolving industrial design laws between two covers.

Tritton on Intellectual Property in Europe offers unrivalled cross-jurisdictional coverage of intellectual property law and rights protection across Europe. It methodically analyses the law and legislation governing patents, trade marks, copyright, designs and plant varieties to explain how your rights are protected and which remedies are available in the event of infringement to provide: Unrivalled depth of coverage of intellectual property law and rights protection at an international, regional and European level A thematic approach addressing the law, legislation and regulations governing patents, trade marks, copyright, designs and plant varieties Comparison of the European legal position with that of individual nations The sixth edition – available in print, online and as an eBook – comes at a pivotal time and has been updated with a full review of the effect of Brexit on intellectual property law in the UK. Other new features to look out for include: Reviews the Supreme Court decisions in Warner Lambert v Generics and Regeneron v Kymab on insufficiency and plausibility Commentary on the CJEU decision in Santen SAS v DGINPI on SPCs Chapter 17 includes a new section concerning IPR disputes between employers and employees Overhaul of the chapter on Article 102 as to when exercising IPRs may amount to an abuse of a dominant position Updated trade mark decisions of ECJ and General Court including those on “evergreening”, “bad faith”, genuine use and second-hand use, and liability of Online Market Operators Full analysis of ECJ decisions on “industrial copyright” following Levola; Cofemel and Brompton Bicycle and “communication to the public” right following Peterson v Google and Elsevier v Cyando Updates on The Digital Single Market Directive and developments at the UPC Analysis of CJEU decisions in Nintendo v Big Ben and Acacia v BMW on jurisdictional issues on enforcement of EU unitary rights

Tritton on Intellectual Property in Europe offers unrivalled cross-jurisdictional coverage of intellectual property law and rights protection across Europe. It methodically analyses the law and legislation governing patents, trade marks, copyright, designs and plant varieties to explain how your rights are protected and which remedies are available in the event of infringement to provide: Unrivalled depth of coverage of intellectual property law and rights protection at an international, regional and European level A thematic approach addressing the law, legislation and regulations governing patents, trade marks, copyright, designs and plant varieties Comparison of the European legal position with that of individual nations The sixth edition – available in print, online and as an eBook – comes at a pivotal time and has been updated with a full review of the effect of Brexit on intellectual property law in the UK. Other new features to look out for include: Reviews the Supreme Court decisions in Warner Lambert v Generics and Regeneron v Kymab on insufficiency and plausibility Commentary on the CJEU decision in Santen SAS v DGINPI on SPCs Chapter 17 includes a new section concerning IPR disputes between employers and employees Overhaul of the chapter on Article 102 as to when exercising IPRs may amount to an abuse of a dominant position Updated trade mark decisions of ECJ and General Court including those on “evergreening”, “bad faith”, genuine use and second-hand use, and liability of Online Market Operators Full analysis of ECJ decisions on “industrial copyright” following Levola; Cofemel and Brompton Bicycle and “communication to the public” right following Peterson v Google and Elsevier v Cyando Updates on The Digital Single Market Directive and developments at the UPC Analysis of CJEU decisions in Nintendo v Big Ben and Acacia v BMW on jurisdictional issues on enforcement of EU unitary rights

Tritton on Intellectual Property in Europe offers unrivalled cross-jurisdictional coverage of intellectual property law and rights protection across Europe. It methodically analyses the law and legislation governing patents, trade marks, copyright, designs and plant varieties to explain how your rights are protected and which remedies are available in the event of infringement to provide: Unrivalled depth of coverage of intellectual property law and rights protection at an international, regional and European level A thematic approach addressing the law, legislation and regulations governing patents, trade marks, copyright, designs and plant varieties Comparison of the European legal position with that of individual nations The sixth edition – available in print, online and as an eBook – comes at a pivotal time and has been updated with a full review of the effect of Brexit on intellectual property law in the UK. Other new features to look out for include: Reviews the Supreme Court decisions in Warner Lambert v Generics and Regeneron v Kymab on insufficiency and plausibility Commentary on the CJEU decision in Santen SAS v DGINPI on SPCs Chapter 17 includes a new section concerning IPR disputes between employers and employees Overhaul of the chapter on Article 102 as to when exercising IPRs may amount to an abuse of a dominant position Updated trade mark decisions of ECJ and General Court including those on “evergreening”, “bad faith”, genuine use and second-hand use, and liability of Online Market Operators Full analysis of ECJ decisions on “industrial copyright” following Levola; Cofemel and Brompton Bicycle and “communication to the public” right following Peterson v Google and Elsevier v Cyando Updates on The Digital Single Market Directive and developments at the UPC Analysis of CJEU decisions in Nintendo v Big Ben and Acacia v BMW on jurisdictional issues on enforcement of EU unitary rights

Kerly’s Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. This title provides you with: The most comprehensive and authoritative guidance on the law of trade marks and trade names. Explanations of key aspects of trade mark law: classification, registration, enforcement, infringement and litigation. Detailed analysis of community trade marks, their provisions, extent of protection and procedural matters, as well as the changes introduced by the European trade mark reforms. Coverage of issues such as assignment, licensing, merchandising and franchising. Outlines the absolute and relative grounds for the refusal of registration. Addresses trade mark infringement and available defences including limitations on, exclusions from and statutory. Explains the difference between collective and certification marks and highlights their respective functions and regulations. Dedicated chapters on trade libel, company names, the internet and the influence of human rights. Looks at the related issues of competition law and restraint of trade. Discusses the influence of EU law and possible areas of post-Brexit divergence. New material in the 17th edition includes: Commentary on the consequences of Brexit and the Retained EU Law (Revocation and Reform) Act 2023. Discussion of the extent to which UK courts will depart from pre-Brexit EU case law or will follow / not follow such law post-Brexit. The latest and most significant case updates.

Kerly’s Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. This title provides you with: The most comprehensive and authoritative guidance on the law of trade marks and trade names. Explanations of key aspects of trade mark law: classification, registration, enforcement, infringement and litigation. Detailed analysis of community trade marks, their provisions, extent of protection and procedural matters, as well as the changes introduced by the European trade mark reforms. Coverage of issues such as assignment, licensing, merchandising and franchising. Outlines the absolute and relative grounds for the refusal of registration. Addresses trade mark infringement and available defences including limitations on, exclusions from and statutory. Explains the difference between collective and certification marks and highlights their respective functions and regulations. Dedicated chapters on trade libel, company names, the internet and the influence of human rights. Looks at the related issues of competition law and restraint of trade. Discusses the influence of EU law and possible areas of post-Brexit divergence. New material in the 17th edition includes: Commentary on the consequences of Brexit and the Retained EU Law (Revocation and Reform) Act 2023. Discussion of the extent to which UK courts will depart from pre-Brexit EU case law or will follow / not follow such law post-Brexit. The latest and most significant case updates.

Sterling on World Copyright Law provides you with comprehensive analysis of copyright law and decided cases on a national, international and regional level. The text is carefully structured to aid accessibility and covers the key principles of protection as well as giving guidance on the leading conventions and treaties. Single-volume coverage of copyright law, practice, legislation and related rights around the world. Analytical comparisons of the different standards of protection offered in more than 25 jurisdictions. Reflects the most recent developments at a national, regional and international level. Commentary on the background and basic principles of copyright law. Explains issues of protection and their application in national systems, conventions, treaties and agreements. Examines the enforcement of rights and the different remedies and penalties available when faced with an action for infringement. Looks at the key issues of moral and economic rights, limitations and infringement. Summaries of international and regional standards of protection. Compares the protection of beneficiaries for owners of related rights and owners of sui generis rights. Gives an overview of the protection granted to professionals including authors, performers, film producers and publishers. Discusses the exercise of online rights and the role of cross-border licensing, as well as wider technological protection. Addresses the role of European Union law and the application of treaty principles. Chart summarising European copyright and related rights, distinguishing the provisions of EU law and directives. Includes the main provisions of key conventions, treaties, and agreements including Berne (1886-1971), Rome (1961), TRIPS (1994), WIPO (1996), and Beijing (2012). Glossary of legal and technical copyright terms used across the world. Extensive reference materials including international and regional instruments, lists of national laws, and historic documents.

Sterling on World Copyright Law provides you with comprehensive analysis of copyright law and decided cases on a national, international and regional level. The text is carefully structured to aid accessibility and covers the key principles of protection as well as giving guidance on the leading conventions and treaties. Single-volume coverage of copyright law, practice, legislation and related rights around the world. Analytical comparisons of the different standards of protection offered in more than 25 jurisdictions. Reflects the most recent developments at a national, regional and international level. Commentary on the background and basic principles of copyright law. Explains issues of protection and their application in national systems, conventions, treaties and agreements. Examines the enforcement of rights and the different remedies and penalties available when faced with an action for infringement. Looks at the key issues of moral and economic rights, limitations and infringement. Summaries of international and regional standards of protection. Compares the protection of beneficiaries for owners of related rights and owners of sui generis rights. Gives an overview of the protection granted to professionals including authors, performers, film producers and publishers. Discusses the exercise of online rights and the role of cross-border licensing, as well as wider technological protection. Addresses the role of European Union law and the application of treaty principles. Chart summarising European copyright and related rights, distinguishing the provisions of EU law and directives. Includes the main provisions of key conventions, treaties, and agreements including Berne (1886-1971), Rome (1961), TRIPS (1994), WIPO (1996), and Beijing (2012). Glossary of legal and technical copyright terms used across the world. Extensive reference materials including international and regional instruments, lists of national laws, and historic documents.

The tenth edition of this leading textbook provides a comprehensive and in-depth explanation and analysis of intellectual property law in the UK, including extensive treatment of the impact of EU developments and their continuing relevance post-Brexit. In addition, it considers the various international agreements in the field and looks specifically at IP rights in relation to the internet and biotechnology as well as the law of privacy. Written by leading academics in the field, Cornish, Llewelyn & Aplin: Goes through in detail, chapter by chapter, the main IP rights, both statutory and common law, making it easy for the reader to find what they are looking for. Analyses clearly and concisely the UK and EU case-law and explains its relevance post-Brexit. Comments on how the law is likely to develop in a particular field. Explains how to enforce the different rights and the remedies that are available for infringement. New to this edition: The impact of AI on IP law. Key CJEU rulings in copyright, trade marks and designs. Recent CA and Sup Ct cases on trade secrets protection, privacy, patents and copyright.

This 19th edition has been extensively revised and content added and rewritten to take account of the latest legislative and case law developments as well as the continuing impact of Brexit. The title takes a subject-by-subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights. New content has been added covering the Computer Games industry and Technology.

This 19th edition has been extensively revised and content added and rewritten to take account of the latest legislative and case law developments as well as the continuing impact of Brexit. The title takes a subject-by-subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights. New content has been added covering the Computer Games industry and Technology.

Russell-Clarke & Howe on Industrial Designs provides in-depth commentary on the protection of industrial designs and is the essential text for guidance on how to get the best from the vast bed of legislation surrounding industrial designs, ensuring that your designs are safeguarded and protected. The book: Offers analytical, high level commentary on industrial designs, whilst maintaining a practice-focused edge. Provides a detailed historical treatment of copyright law and industrial design law from 1709 through to the current legislative position in order to provide a complete picture of design law in operation. Discusses copyright protection for industrial designs. Looks into infringement and validity disputes and threats actions, along with practical hints on how to avoid the mistakes of the past. The 10th edition contains: Full coverage of changes to UK industrial designs laws following Brexit. Sections on the new rights which replace Community registered and unregistered design rights: “re-registered” UK rights, and “continuing” and “supplementary” unregistered design rights. Full discussion of relevance of past and future case law of EU Court of Justice and General Court to interpretation of post-Brexit UK design laws. Up-to-date coverage of case law developments in UK and EU courts across the industrial design field. Important cases covered include DOCERAM v CeramTec (C 395/16) (shape dictated by function), Cofemel v G Star Raw (C 683/17) and Brompton Bicycle v Chedech/Get2Get (C 833/18) (copyright protection for designs which could be registered), Acacia v Pneusgarda (C-397/16) (designs and the right to repair) and Easy Sanitary Solutions v Group Nivelles (C-361/15 P) (prior art in any field can invalidate a design registration). Coverage of new Designs Appointed Person appellate jurisdiction with principles applied and initial case law. Expanded Chapter on Commonwealth and other countries who design law is historically linked with the UK, including new section on Malaysia. Appendices fully updated with Brexit changes and materials, including relevant extracts from the EU Withdrawal Agreement and the Trade and Cooperation Agreement. All you need for comprehensive and in-depth coverage of the UK’s evolving industrial design laws between two covers.

Now in its twentieth edition, Terrell on the Law of Patents has been the leading authority on UK patent law since 1884. Whether you’re applying for a new patent or facing a potential case of infringement, Terrell offers unrivalled insight and is regularly cited in court. Protect your intellectual property with expert commentary on the core principles of practice and procedure as well as specialist areas such as FRAND, licenses and SPCs. Some key features of this edition include: Plausibility is now covered in its own chapter, discussing the criterion for a valid patent claim and addressing the questions: what is the standard of plausibility and what must be rendered plausible? The subject of infringement has been re-organised across two chapters, examining the distinction between statutory and non-statutory defences as well as infringement with respect to the European Patent Convention, Patent Co-operation Treaty and Community Patent Convention. Commentary on the latest issues of artificial intelligence and patent law, including the Supreme Court ruling in DABUS. Order now to stay informed of the latest patent law developments and ensure your practice has the best guidance by its side. The most significant and relevant case law from all levels of the UK Courts, the European Patent Office, the UK Patent Office and the Appeals Boards. Explains the application process for UK national patents and European patents. Addresses entitlement and answers the key questions: who may apply for a patent and who may be granted a patent? Discusses how to apply for a supplementary protection certificate, the conditions for granting SPCs and their effects. Covers FRAND licensing, undertakings and the nature and scope of obligations. Outlines the grounds for revocation as defined by the Patents Act 1977. Looks at different types of invalidity including lack of novelty, obviousness and insufficiency. Clarifies the principles of patent infringement to ascertain whether or not there has been an infringement, as well as outlining statutory exceptions and other defences. Discusses actions for infringement and looks at the parties involved, claims forms, trial procedure and remedies. Commentary on second medical use claims, human genome sciences and central amendments to patents. Explains compulsory licenses and licenses of right. New to this edition: Includes a new chapter on plausibility, discussing the criterion for a valid patent claim and addressing the questions: what is the standard of plausibility and what must be rendered plausible? Another new chapter on defences to infringement, examining the distinction between statutory and non-statutory defences as well as infringement with respect to the European Patent Convention, Patent Co-operation Treaty and Community Patent Convention.

The tenth edition of this leading textbook provides a comprehensive and in-depth explanation and analysis of intellectual property law in the UK, including extensive treatment of the impact of EU developments and their continuing relevance post-Brexit. In addition, it considers the various international agreements in the field and looks specifically at IP rights in relation to the internet and biotechnology as well as the law of privacy. Written by leading academics in the field, Cornish, Llewelyn & Aplin: Goes through in detail, chapter by chapter, the main IP rights, both statutory and common law, making it easy for the reader to find what they are looking for. Analyses clearly and concisely the UK and EU case-law and explains its relevance post-Brexit. Comments on how the law is likely to develop in a particular field. Explains how to enforce the different rights and the remedies that are available for infringement. New to this edition: The impact of AI on IP law. Key CJEU rulings in copyright, trade marks and designs. Recent CA and Sup Ct cases on trade secrets protection, privacy, patents and copyright.

Kerly’s Law of Trade Marks and Trade Names has provided clear and authoritative advice on all aspects of UK trade mark law since 1894. Through its mix of insightful commentary and up-to-date analysis of case law and legislation, it has established itself as the leading reference on trade mark law and a must-have title for practitioners. This title provides you with: The most comprehensive and authoritative guidance on the law of trade marks and trade names. Explanations of key aspects of trade mark law: classification, registration, enforcement, infringement and litigation. Detailed analysis of community trade marks, their provisions, extent of protection and procedural matters, as well as the changes introduced by the European trade mark reforms. Coverage of issues such as assignment, licensing, merchandising and franchising. Outlines the absolute and relative grounds for the refusal of registration. Addresses trade mark infringement and available defences including limitations on, exclusions from and statutory. Explains the difference between collective and certification marks and highlights their respective functions and regulations. Dedicated chapters on trade libel, company names, the internet and the influence of human rights. Looks at the related issues of competition law and restraint of trade. Discusses the influence of EU law and possible areas of post-Brexit divergence. New material in the 17th edition includes: Commentary on the consequences of Brexit and the Retained EU Law (Revocation and Reform) Act 2023. Discussion of the extent to which UK courts will depart from pre-Brexit EU case law or will follow / not follow such law post-Brexit. The latest and most significant case updates.

This 19th edition has been extensively revised and content added and rewritten to take account of the latest legislative and case law developments as well as the continuing impact of Brexit. The title takes a subject-by-subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights. New content has been added covering the Computer Games industry and Technology.

Sterling on World Copyright Law provides you with comprehensive analysis of copyright law and decided cases on a national, international and regional level. The text is carefully structured to aid accessibility and covers the key principles of protection as well as giving guidance on the leading conventions and treaties. Single-volume coverage of copyright law, practice, legislation and related rights around the world. Analytical comparisons of the different standards of protection offered in more than 25 jurisdictions. Reflects the most recent developments at a national, regional and international level. Commentary on the background and basic principles of copyright law. Explains issues of protection and their application in national systems, conventions, treaties and agreements. Examines the enforcement of rights and the different remedies and penalties available when faced with an action for infringement. Looks at the key issues of moral and economic rights, limitations and infringement. Summaries of international and regional standards of protection. Compares the protection of beneficiaries for owners of related rights and owners of sui generis rights. Gives an overview of the protection granted to professionals including authors, performers, film producers and publishers. Discusses the exercise of online rights and the role of cross-border licensing, as well as wider technological protection. Addresses the role of European Union law and the application of treaty principles. Chart summarising European copyright and related rights, distinguishing the provisions of EU law and directives. Includes the main provisions of key conventions, treaties, and agreements including Berne (1886-1971), Rome (1961), TRIPS (1994), WIPO (1996), and Beijing (2012). Glossary of legal and technical copyright terms used across the world. Extensive reference materials including international and regional instruments, lists of national laws, and historic documents.