Friday, 19 August 2011

Books for review

The Journal of Intellectual Property Law and Practice (JIPLP) is pleased with initial responses to the new regime for reviewing intellectual property books, which you can find explained on this weblog here.  So far, most of the books that have been offered for review have been snapped up by a mixture of practising lawyers and academics and we look forward to receiving their reviews soon.

The following books are still in search of a reviewer.  If you are interested in reviewing one for the journal, please email Sarah Harris (sarah.harris@oup.com) and let her know why you feel that you're the right person to review it.   You should have a reply by not later than Thursday 8 September.

'Expert Privilege' in Civil Evidence. This title has been written by regular JIPLP contributor Paul England, now with law firm Simmons & Simmons LLP. It is published by Hart Publishing and its details can be inspected on its web page here. The ideal reviewer would either be a litigation lawyer or someone in academe who has had some experience of (or is researching in) IP litigation -- though privilege affects non-contentious practice too.
"This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book".

Intellectual Property Overlaps: A European Perspective, by Estelle Derclaye and Matthias Leistner.  Published by Hart Publishing, further particulars are available from the publisher's website here.
"...  This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy".

Cultural property law and restitution: A commentary to international conventions and European Union law, by Irini A Stamatoudi, and brought out by Edward Elgar Publishing. This book's website contains further information here. According to the publisher,
"Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today".

Concise European Trade Mark and Design Law, by Charles Gielen (NautaDutilh) and Verena von Bomhard (Lovells), is published by Wolters Kluwer Law & Business. The volume is mini-sized -- a format that is popular in parts of Continental Europe, and is part of a series of concise source books on areas of intellectual property law. Further information is available from its web page here. According to the publishers:
"Concise European Trademark and Design Law aims to offer the reader a rapid understanding of the provisions of trademark and design law in force in Europe and features:
• Article-by-article commentary on the relevant European directives and regulations in the field of trademark and design rights
• Short and straightforward explanations of the principles of law to be drawn from each provision
• Editors and authors who are prominent specialists (academics and practitioners) in the field of European and international trademark and design law".

The U.S. Patent Prosecutor's Desk Reference, by Joshua P. Graham and Thomas G. Marlow, is published by Oxford University Press's New York division.  According to the web-blurb,
" ... There is a need for a quick reliable reference to assist prosecutors in creating, researching, and supporting patentability arguments. ... [This book] provides a comprehensive and updated source of law, organized by sections corresponding to the types of rejections made by the USPTO. Each section of this reference work includes the basis for the rejection, responses to the rejection, and legal authority supporting the responses.

This desk reference cites five different authority sources: statutes that govern the granting of patents; the Manual of Patent Examining Procedure, Eighth Edition which dictates how examiners determine whether a patent application should be allowed; decisions by the Board of Patent Appeals and Interferences which is the administrative body of the U.S. Patent and Trademark Office that reviews decisions made by the examiners; the U.S. Court of Customs and Patent Appeals which was the body that reviewed decisions made by the Board of Patent Appeals and Interferences until the Federal Circuit came into existence in 1982; the U.S. Court of Appeals for the Federal Circuit which is now the body that reviews decisions made by the Board of Patent Appeals and Interferences. ...".

Fan Fiction and Copyright: Outsider works and IP protection, by Aaron Schwabach, Thomas Jefferson School of Law, and published by Ashgate (further details available from the website here).
"As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners’ intellectual property rights.

Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed.

Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction".

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