Tanya Aplin

Lionel Bently

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

The Nature and Scope of the Right to Quote Copyright Works

Global Mandatory Fair Use

Brad Sherman

Intellectual Property Law is the definitive textbook on this subject - an all-embracing and detailed guide to intellectual property law. It clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, whilst enlivening the text with illustrations and diagrams.

Intellectual Property Law

Bently and Sherman's Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academicopinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.

Jennifer Davis

Jane C. Ginsburg

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

An Interdisciplinary Critique

Trade Marks and Brands

Phillip Johnson

Simon Malynicz

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

The Protection of Confidential Information

Gurry on Breach of Confidence

Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.

Ronan Deazley

Martin Kretschmer

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

Lionel Bently

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