Full Description
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.
Contents
1. Mansell v Bunger (1626)
Sean Bottomley
2. Stationers v Seymour (1677)
H Tomás Gómez-Arostegui
3. Sayer v Moore (1785)
Isabella Alexander
4. Day v Day, Day and Martin (1816)
Lionel Bently
5. Nobel's Explosives Company, Limited, v Anderson (1894)
Seymour Mauskopf
6. Walter v Lane (1900)
Barbara Lauriat
7. Spalding v Gamage (1915)
Hazel Carty
8. King Features Syndicate, Inc and Betts v O & M Kleeman Ltd (1940)
Jose Bellido
9. Slee & Harris's Application (1966)
Brad Sherman
10. Coco v AN Clark (Engineers) Ltd (1969)
Tanya Aplin
11. Biogen v Medeva (1996)
Luke McDonagh
12. R v Johnstone (2003)
Elena Cooper
13. Lego Juris A/S v OHIM (2010)
Alain Pottage
