Navigating the Maze
'NAVIGATING THE MAZE WHICH IS GLOBAL IP LAW'...
WHEN INTELLECTUAL PROPERTY RIGHTS BECOME IMPERATIVE IN SUSTAINING COMPETITIVE ADVANTAGE
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, "The Barrister", and Mediator
It is unarguable - and certainly universally acknowledged - that technology and creativity are inextricably linked. It's not surprising then - especially in legal circles - that protecting innovation has emerged as a top priority, whether the client companies are dynamic start-ups, or leading corporate entities that have become household names worldwide and recently referred to in the United States of America as 'Titans.'
As competitiveness reigns in the communications and electronics industries, 'developers and manufactures must leverage their IP rights to sustain competitive advantage,' as Nicholas Fox, the consulting editor for this book, rightly points out.
Fortunately, this now well-established text - the mainstay of many an IP lawyer - has provided a practical guide to many an IP issue pertaining to innovative technologies and here it is, out now in a new second edition from Globe Law and Business.
Like many a Globe publication, this edition offers a compendium of high-powered consultancy by acknowledged experts from leading law firms worldwide. Simmons and Simmons and Reed Smith LLP are only two examples. With its global orientation, it has been developed, says the editor 'with the needs of electronic and software firms in mind as they and their advisers navigate the maze which is global IP law.'
Divided logically into three parts, the book focuses first on multi-jurisdictional issues, with an introductory chapter on international IP instruments relevant to electronics and software. Part Two deals with the law primarily in the key jurisdictions of France, Germany, Italy and the United Kingdom.
In the third and final section, the book goes truly global as it covers - in the editor's words - 'the approaches adopted in key non-European jurisdictions: Australia, Canada, China, Hong Kong, India Japan, South Korea and the United States.'
As the United States has been a prime mover in the genesis and development of IT - as few need reminding - the chapter on the US is of special topical interest. It's described as 'unique' in certain respects, as 'unlike many major jurisdictions, more than three-quarters of all cases are decided by juries and punitive damages for "wilful" infringement can be awarded.' Litigation here can certainly get mind-blowingly expensive. Be warned that average costs for a single case can range from $1 to $6 million. Manufacturers, licensors and attorneys alike, say the editors, do need to understand 'the quirks of the US system.'
Considering the nature of this area of law, this book contains a lot more quirks to contemplate, as much innovation (as the publishers put it) 'takes place at the intersection of patent, design and copyright law.' This new edition presents much new material, including recent case law on such matters as open source software, standard essential patents and much more besides.
Here then, is essential reading and an impressive fund of know-how for every IP lawyer advising on matters relating to the protection of innovation in the electronics and software industries.
The date of publication of this hardback second edition is cited as at 30th November 2019.
