Intellectual Property: Text and Essential Cases continues to provide a comprehensive, up-to-date legal analysis of modern intellectual property law.
This edition considers important new cases which expose the ever expanding reach of intellectual property law in Australia. From breast cancer gene sequencing to plain tobacco packaging, from the Kookaburra song to mobile league coverage and the moral rights of celebrities – this is a field of law which continues to challenge courts, legislators and the community.
Statement of Currency
Table of Cases
Table of Statutes
PART I INTRODUCTION
Opening Your Eyes to IP
PART II COPYRIGHT AND NEIGHBOURING RIGHTS
Copyright – Its Birth and Nature
Subsistence of Copyright
Exclusive Rights of the Copyright Owner, Actions and Offences
Defences and Statutory Licences
Dealing with Copyright
Moral Rights, Performers’ Protection, Resale Royalty Rights, and Indigenous Cultural Property
PART III PATENTS
The Patent System
Elements of Patentability
Patents – Rights, Infringement and Dealing
PART IV PASSING OFF, TRADE MARKS AND RELATED ACTIONS
Passing Off and Related Actions
Trade Marks – Rights, Infringement and Dealings
PART V DESIGNS, PLANT BREEDER’S RIGHTS, CIRCUIT LAYOUTS AND CONFIDENTIAL INFORMATION
Plant Breeder’s Rights
This work, now in its fifth edition, has historically provided thorough coverage of all forms of intellectual property protection in Australia. This edition continues on from that heritage with updated and expanded coverage of areas such as resale royalty rights for visual artists, tobacco plain packaging, biotechnology patents and performers’ protection. While the nature of the work is predominantly one of setting out the current applicable law, it is seasoned in parts with discussions of law reform and historical developments which provide context and add richness without detracting from the book’s value as a comprehensive and detailed reference volume on the entire spectrum of intellectual property.
All in all, this volume provides a thorough coverage of the entire intellectual property landscape and does so with enough background and policy discussion to be engaging and informative, while retaining a structure and style that make it a very usable reference.
Mark Bender, InPrint, Law Institute Journal Victoria, March 2016
This is the latest edition of this very useful and engagingly-written intellectual property (IP) text book which is widely used in legal offices. The text deals with each form of IP and related rights in turn, and in sufficient detail to be useful to both students and practitioners. The text also strikes a good balance between concepts, policy and the law, noting that until students and practitioners understand why we have IP laws at all, and why and how IP laws evolve, it can be very difficult to learn the law. IP legislation is often lengthy and complex, and if a practitioner is not advising on IP regularly, this text would provide an ideal starting point or refresher.
We have an earlier edition of this text in our office and find that it is very useful as a general introductory text book for new graduates, particularly those who didn’t study IP law at university. We also refer to the helpful tables, such as the duration of copyright table, if needed to respond to questions during seminars, when finding legislative provisions would be impractical.
This edition of the text has been updated with important recent cases including the Kookaburra case, which is a popular example to use in IP seminars and presentations.
Our only criticism of the text is the inclusion of lengthy case extracts. At a time when law students and practitioners have ready access to the internet, and Australian courts publish their own judgments online, this is unnecessary and adds to the bulk and cost (both financial and environmental) of the text without adding significant value.
In summary, the 2015 edition of this book is a welcome update and will be very useful to students and practitioners alike.
Sharon Rowe and Alice Bolt, Ethos, Law Society of the ACT, December 2015
In recent years, there has been an emerging plethora of substantive works on Australian intellectual property law – whether in the form of historical text, current commentary, legal analysis of case law and legislative developments, or a combination of all three. This reflects the continuing and burgeoning interest in and importance of IP law as it affects rights owners (existing and potential) and IP practitioners.
The most recent publication Intellectual Property – Text and Essential Cases by professors Rocque Reynolds, Natalie Stoianoff and Alpana Roy is yet another welcome addition to this rich corpus of Australian IP literature.
Intellectual Property – Text and Essential Cases more than fulfils that demand and fits the bill. The text is based on the law as at 1 January 2015. The index provides a comprehensive and useful adjunct to the text.
Christopher Sexton, IPSANZ, September 2015
When confronted with a question involving intellectual property law, a student or legal practitioner would be hard pressed to find a better place to start than Intellectual Property – Text and Essential Cases. The authors of this text have succeeded in producing a comprehensive work covering the basic elements of virtually every form of intellectual property. This most recent edition brings the book up to date with the law as at January 2015. Although suitable for students, there is sufficient detail and analysis to make the book a useful resource for practitioners as well.
Each section of the book generally begins with a short discussion of the history of the particular branch of intellectual property being considered, before descending into some detail about the operation of the law as it currently stands. The historical summaries are beneficial as they place the current law in context, and assist the reader in understanding the operation of the provisions of the modern statutes. The end of each chapter contains a series of extracts from what are said to be “essential cases”, being selected either because they provide a good statement of the legal principles or give an overview of the authoritative case law. One of the ideas behind the inclusion of the extracts is said by the authors to be as a “springboard to consider additional case law whenever the opportunity for further research or inquiry arises”. The text also contains commentary on the prospects and merits of law reform and what the authors consider to be shortcomings in the legislation, particularly with respect to the treatment of intellectual property in the digital age. All in all, it is a text which has a great deal to offer, both as a general research tool for practitioners and as a learning aide to students.
Queensland Law Reporter – 25 September 2015 – (2015) 37 QLR
I have had the pleasure of reviewing an earlier edition of this excellent book.
When one sees the words, “Text and Essential Cases”, the impression often arises that this is a textbook aimed at students. Let me say that this is not the case with this book. Indeed, the authors exhort the reader to explore beyond its contents, using them as a springboard for further research.
The field of Intellectual Property law is fast evolving. There have been significant decisions made since 2012 when the fourth edition was published. I commend this book to practitioners, including those who have never turned their minds to this field of law. Through ignorance, many lawyers may not recognise potential issues that might be beneficially explored on behalf of their clients.
The theme of the introduction is “Opening your eyes to I.T” This is a very apt description.
Brian Morgan, Hearsay, July 2015, 73
Reviews of previous editions:
Now in its third edition this comprehensive text which is targeted primarily at students will also benefit lawyers needing an up-to-date reference book on intellectual property law. Its strength lies in its currency (1 January 2008), depth of research and comprehensive coverage of this large body of laws, cases and regulations.
Australian Intellectual Property Law Bulletin, Vol 21 (6), December 2008
It is always an ambitious project to cover the field of all intellectual property rights in a single volume. Reynolds and Stoianoff have managed this challenge, and the book covers copyright, patents and trade mark law in detail, but also provides an overview of designs, plant breeders’ rights and circuit layout rights. The book will be a useful companion for practising lawyers seeking a clear answer to core IP laws and principles.
Carol Burnton and Julian Lincoln, Law Institute Journal of Victoria, October 2008
This text continues to constitute an outstanding and comprehensive collection of intellectual property law cases, relevant discussion and, at a practical level, a comprehensive source well suited to professional use.
BJM, The Law Letter, Journal of the Law Society of Tasmania, Spring 2008 – Issue 101
Intellectual Property takes the reader to the forefront of this dynamic area of law. As in previous editions it provides a comprehensive, in-depth and engaging exposition of the principles of Intellectual Property Law and selected case extracts that illustrate the law’s evolution and challenges.
NSW Law Society Journal, June 2008
The text is well structured with each subject matter discussed in a logical progression. The end of each chapter contains extracts of key judgments selected by the authors as authoritative in the area as well as cases that are illustrative of the relevant legal principles…The third edition of this text reflects the law as at January 1, 2008 and provides a useful, comprehensive and insightful reference for students and practitioners in relation to the ever-evolving field of intellectual property.
Proctor, Queensland Law Society Journal, June 2008