Tritton on Intellectual Property in Europe

TRITTON Guy, DAVIS Richard, ST QUINTIN Thomas

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Summary

Now in its fifth edition, Tritton on Intellectual Property in Europe continues to provide leading authority on intellectual property law and rights protection in Europe. It offers unrivalled coverage and comprehensively analyses the law and legislation governing patents, trademarks, copyright, designs, and plant varieties. Written by an expert in the field, this book clarifies the European position in a fast-moving and dynamic area of law.

Tritton on Intellectual Property in Europe
 is the leading text for explaining the European position across the breadth of intellectual property law.
  • Provides unrivalled depth of coverage of intellectual property law and rights protection at an international, regional, and European level.
  • Adopts a thematic approach to address the law, legislation, and regulations governing patents, trademarks, copyright, designs, and plant varieties.
  • Compares the European legal position with that of individual nations.
  • Addresses not only substantive IP law but also practical subjects such as implementation, licensing, franchising, and joint ventures.
  • Examines the relationship between intellectual property and the EU and the different international conventions designed to protect member states.
  • Advises on the different kinds of ‘Euro’ defences available to IP actions.
  • Looks at the relationship with competition law and its enforcement within the EU, including analysis of the essential components of Article 101 of the Treaty on the Functioning of the European Union.
  • Includes a chapter on the enforcement of intellectual property rights and border controls.
  • Defines dominant position and explains what might be constituted as an abuse.
  • Covers issues of jurisdictional provisions and protective measures.

The fifth edition has been given a comprehensive update to include the following new features:
  • Major update of the chapter on Jurisdiction, including online IPR infringement and Article 7(2) Recast Brussels Regulation
  • Analysis of the changes to trade mark law brought about by the new EUTM Regulation and Directive
  • Full update on “communication to the public” right, including analysis of the ECJ decisions in Reha Training & GS Media
  • Looks at the “technical function” exception
  • Detailed commentary on the Unitary Patent and UPC Agreement
  • Review of the US Department of Justice 2017 Guidelines to Licensing of IPR
  • Addresses Article 102, technical standard and FRAND licences, including a full review of Huawei v ZTE and Unwired Planet v Huawei
  • Updates on European IP defences, including FAPL v Luxton
  • Full review of all recent IP case law of ECJ

Table of contents

  1. Introduction
  2. Patents in Europe
  3. Trade marks in Europe
  4. Copyright in Europe
  5. Design protection in Europe
  6. Plant variety rights in Europe
  7. Intellectual property and free movement of goods;
  8. Intellectual property and article 101
  9. IP and technology transfer licenses
  10. Intellectual property and horizontal agreements
  11. Intellectual property and vertical agreements
  12. Abuse of a dominant position
  13. Enforcement of competition law in the European Union
  14. Euro-defences in IP actions
  15. Procedures and remedies for enforcement of IPRs
  16. Border controls
  17. Jurisdiction and intellectual property