Q&A Intellectual Property Law (Questions and Answers)

229 Pages·2010·2.21 MB·English

by  Janice Denoncourt

Q&A
Routledge Questions and Answers Series
Intellectual
Property Law
Routledge Q&A series
Each Routledge Q&A contains 50 questions on topics commonly found on exam
papers, with comprehensive suggested answers. The titles are written by lecturers
who are also examiners, so the student gains an important insight into exactly what
examiners are looking for in an answer. This makes them excellent revision and
practice guides. With over 500,000 copies of the Routledge Q&As sold to date,
accept no substitute.
Other titles in the series:
BUSINESS LAW
CIVIL LIBERTIES & HUMAN RIGHTS
COMMERCIAL LAW
COMPANY LAW
CONSTITUTIONAL & ADMINISTRATIVE LAW
CONTRACT LAW
CRIMINAL LAW
EMPLOYMENT LAW
ENGLISH LEGAL SYSTEM
EQUITY & TRUSTS
EUROPEAN UNION LAW
EVIDENCE
FAMILY LAW
JURISPRUDENCE
LAND LAW
TORTS

For a full listing, visit www.routledgelaw.com/books/revisionaids
Q&A
Routledge Questions & Answers Series
Intellectual
Property Law
J D
ANICE ENONCOURT
Second edition published 2010 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
270 Madison Avenue, New York, NY 10016
Routledge is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2010.
To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.
© 2007, 2010 Routledge
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Denoncourt, Janice.
Q&A intellectual property law / Janice Denoncourt.—2nd ed.
p. cm.
Includes bibliographical references and index.
1. Intellectual property—Great Britain.
I. Title. II. Title: Q and A intellectual property law.
KD1269.D46 2010
346.4104′8076—dc22
2009048237
ISBN 0-203-85635-X Master e-book ISBN
ISBN10: 0–415–55297–4 (pbk)
ISBN13: 978–0–415–55297–4 (alk. paper)
ISBN10: 0–203–85635-X (ebk)
ISBN13: 978–0–203–85635 -2 (ebk)
C
ONTENTS
Preface vii
Exam Question Methodology ix
Table of Cases xiii
Table of Legislation xxi
Introduction 1
1 General Themes in IP Law 3
2 Intellectual Property Litigation – Enforcement and Remedies 21
3 Copyright and Moral Rights 31
4 Computer Technology and Copyright Law 57
5 Registered Design and Design Right 73
6 Patents 85
7 Registered Trade Marks 115

8 Passing Off 139
9 Geographical Indications 147
10 Confidential Information and Know-How 155
11 Character Merchandising and Malicious Falsehood 171
12 Image Rights 179
v
Q&A INTELLECTUAL PROPERTY LAW
13 Franchising and Intellectual Property Rights 183
14 IP Law Exam Technique 187
15 Intellectual Property Exam Cram Guide 191
16 Useful Websites 195
Index 197

vi
P
REFACE
The law of intellectual property is now a standard option on most qualifying law
degree courses and continues to increase in popularity, especially with students who
regard the subject as exciting ‘new law’ at the centre of the creative economy. This
second edition of Questions & Answers Intellectual Property Law is designed to make
preparing for law exams easier, by focusing on typical intellectual property exam
questions students may face when they are assessed. It has been revised and updated
and the new content reflects the latest trends and developments in intellectual
property law. Fifty problem and essay questions have been arranged topically,
followed by an answer plan and a comprehensive suggested answer. New questions
deal with, for example, the recently introduced ‘Green Channel’ for patent applica-
tions relating to environmentally friendly subject matter as well as certain House of
Lords and European Court of Justice decisions published in early 2009.
As a result of feedback from students, it is clear many find problem questions
the most difficult form of assessment. Bearing this in mind, this second edition
includes additional problem questions to assist students in this regard. There is
advice on intellectual property law exam technique, an ‘Exam Cram’ feature and a
list of weblinks to additional resources for those students who wish to take their
exam preparation further.
There is no doubt that the sheer volume of material relating to intellectual
property law and the ever-increasing rhythm of change in this area of law challenges
even the best student. My hope is that this Q&A text provides students with a
good basis for tackling a good range of topics to enable them to succeed in their
intellectual property law exams.
I wish to thank my colleague Dr Rebecca Wong, Professors Paul Torremans

(University of Nottingham), Ruth Soetendorp (Bournemouth University) and
Jonathan Black-Branch (University of Brighton) who have all provided me with
continued support for my academic endeavours over the years.
I have attempted to state the law as it stands on 20 June 2009. I apologise if
inadvertently any sources remain unacknowledged and will be glad to make the
necessary arrangements at the earliest opportunity.
Janice Denoncourt
Senior Lecturer in Law
Nottingham Law School
Nottingham Trent University
20 June 2009
vii

E Q M
XAM UESTION ETHODOLOGY
Law exams commonly contain three types of questions: essay, problem and mixed
topic.
ESSAY QUESTIONS
An essay question is often a short statement of law contained in a quote from a court
judgment or an academic article, which requires the student to answer the query or
proposition within it. Essay questions are designed to test the student’s depth of
understanding of intellectual property law and issues as well as their ability to
critically analyse the law. The best approach is to adopt a succinct style, following an
answer plan that covers the basic principles. Set out below are three examples of
typical essay question terminology.
‘Critically analyse’
You may be asked to ‘critically analyse....’. In this case, a useful approach is to
provide an objective assessment of the positive and negative points of the subject.
Ensure that your answer is clearly structured to signpost the progression of your
argument(s).
‘Discuss’
Another commonly used instructing word is ‘discuss’. This is an instruction to
discuss the keywords identified in the essay question.

‘Subdivided’ questions
Some essay questions are broken down into subsections, for example, (i), (ii) ... or
(a), (b) ... etc. The best approach to this type of question is to answer each sub-
question in turn, clearly identifying the separate parts of the essay. Unless you are
told otherwise, it is reasonable for you to assume that each subdivision carries equal
marks. This means you may want to allocate equal time to each subsection.
In general, when dealing with an essay question, the following approach is
suggested:
ix