Landmark Cases in Intellectual Property Law

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. Preface Contents Contributors Table of Cases Table of Legislation 1 Mansell v Bunger (1626) I. Introduction II. Robert Mansell and the Patent for Glass III. Conclusion 2 Stationers v Seymour (1677) I. Introduction II. The Legal Landscape to 1710 III. Role in the Literary Property Debates IV. Stationers v Seymour Revisited V. Conclusion Annex: Seymour's Patent Enrolment C66/3111, no 14bis (7 Oct 1669)167 3 Sayer v Moore (1785) I. Introduction II. The Litigation against John Hamilton Moore III. Copyright Law and Enlightenment Epistomology IV. Where are they Now? V. Conclusion 4 Day v Day, Day and Martin (1816) I. Background to the Litigation II. The Prior Jurisprudence III. Day and Martin v Slee and Statham IV. Day and Martin v Thomas Day, John Day and Peter Martin V. The Implications of the Day and Martin Litigation VI. Conclusion VII. Postscript 5 Nobel's Explosives Company, Limited, v Anderson (1894) I. Introduction II. Smokeless Powders and Inventors" Identities III. The Making of the Legal Case IV. Chancery and Beyond V. The Impact and Significance of the Case 6 Walter v Lane (1900) I. Introduction II. Lord Rosebery and his Speeches III. Copyright in Oral Presentations IV. Moberly Bell and Newspaper Copyright V. Walter v Lane VI. Originality and the Legacy of Walter v Lane VII. Postcript 7 Spalding v Gamage (1915) I. Introduction II. The Development of Passing Off in the Nineteenth Century: an Uncertain Framework III. Spalding, the 'Orb' Football Case IV. Conclusion 8 King Features Syndicate, Inc and Betts v O & M Kleeman Ltd (1940) I. Introduction II. Syndicating Features III. Novelty Rights IV. Japanese Toys V. Conclusion 9 Slee & Harris's Application (1966) I. Introduction II. Software in the 1960s III. Patent Office Examination IV. Software and Subject Matter Eligibility 10 Coco v AN Clark (Engineers) Ltd (1969) I. Introduction II. Quantitative Analysis III. Qualitative Analysis IV. Conclusion Annex 11 Biogen v Medeva (1996) I. Introduction II. Commercialising Biotechnology III. Inventive Thought or Inventive Industry? IV. Lord Hoffmann's Opinion V. Conclusion 12 R v Johnstone (2003) I. Introduction II. The Decision in R v Johnstone III. Explaining R v Johnstone IV. Criminalisation and the Making of Modern Trade Marks Law V. Conclusion 13 Lego Juris A/S v OHIM (2010) I. Introduction II. Quantity Production III. 'If You Can't Tell the Difference, Why Pay More?'30 IV. 'It's not Really a Toy, It's a Medium,54 V. 'Participation is the New Brand'79 Index