Intellectual Property: Text and Essential Cases takes the reader to the forefront of this dynamic area of law. As in the first edition, 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. It covers copyright, moral rights, performers’ protection, patents, trademarks, "passing off" and related actions, designs, plant breeder’s rights, circuit layouts, and confidential information.

The second edition of Intellectual Property: Text and Essential Cases includes detailed consideration of the changes introduced by the US Free Trade Agreement Implementation Act 2004 including:

• copyright and moral rights for live performers in sound recordings;
• copyright and moral rights for performers of expressions of folklore;
• a new definition of reproduction and material form;
• an extension of the duration of copyright protection;
• new laws relating to electronic rights management, encoded broadcasts and carriage service providers; and
• the protection of patents for therapeutic goods.

There is also a new chapter on biotechnology patents and coverage of other major developments and issues such as:

• the application of Designs Act 2003;
• the abolition of the food exemption and the attack on farmer’s rights under Plant Breeder’s Rights Act 1994;
• whether trade mark law can adequately protect cultural icons; and
• the proposed introduction of moral rights for Indigenous communities.

Table of Contents

PART ONE: INTRODUCTION
CHAPTER 1: Opening Your Eyes to IP

PART TWO: COPYRIGHT AND NEIGHBOURING RIGHTS
CHAPTER 2: Copyright - Its Birth and Nature (view PDF)
CHAPTER 3: Subsistence of Copyright
CHAPTER 4: Exclusive Rights of the Copyright Owner, Actions, and Offences
CHAPTER 5: Balancing the Interests
CHAPTER 6: Dealing with Copyright
CHAPTER 7: Moral Rights, Indigenous Cultural Property, and Performers’ Protection

PART THREE: PATENTS
CHAPTER 8: The Patent System
CHAPTER 9: Elements of Patentability
CHAPTER 10: Patents – Rights, Infringement, and Dealing
CHAPTER 11: Biotechnology Patents

PART FOUR: PASSING OFF,TRADE MARKS, AND RELATED ACTIONS
CHAPTER 12: Passing Off and Related Actions
CHAPTER 13: Trade Marks
CHAPTER 14: Trade Marks – Rights, Infringement, and Dealings

PART FIVE: DESIGNS, PLANT BREEDER'S RIGHTS, CIRCUIT LAYOUTS, AND CONFIDENTIAL INFORMATION
CHAPTER 15: Designs
CHAPTER 16: Plant Breeder’s Rights
CHAPTER 17: Circuit Layouts
CHAPTER 18: Confidential Information

Index

Review of the first edition:

"Intellectual Property: Text and Essential Cases is a comprehensive work that provides ready access to the law of intellectual property in an Australian context.... [T]he work provides a useful overview of the law of intellectual property for practitioners and others...
This work does not suffer from the pitfalls of many text and materials case books. There is substantial commentary setting out the general principles in each area of intellectual property law. As an adjunct to the commentary, there are extracts from significant cases that represent or highlight salient features of the particular area of intellectual property law under discussion. Thankfully the extracts are found at each chapter end which enables the text to be read complete, with reference to the extracts if desired. The work has a strong Australian orientation with many of the extracted cases being recent Federal Court decisions.
There are specific chapters devoted to copyright, patents, designs, trademarks, confidential information and the protection of business reputation. The "new" intellectual property rights in relation to plant breeders’ rights and circuit layouts also are dealt within discrete chapters....
Readers will find the text clear and concise.... [It] is commended...

-- Victorian Bar News, No 128, Autumn 2004