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Intellectual Property, Free Trade Agreements and the United Kingdom

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Intellectual Property, Free Trade Agreements and the United Kingdom

The Continuing Influence of European Union Law

9781800888210 Edward Elgar Publishing
Phillip Johnson, Professor of Commercial Law, Cardiff Law School, UK
Publication Date: 2021 ISBN: 978 1 80088 821 0 Extent: 304 pp
Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.

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Contents
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Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.

Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.

This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.
Critical Acclaim
‘The relationship between trade agreements and the implementation of intellectual property laws domestically and regionally is complex. With the UK leaving the EU the legal maze of international obligations, and influences of EU law in the UK and UK law to the EU, is a new field. This cutting-edge book illuminates this topic in an accessible way for experts, students and policymakers.’
– Susy Frankel, Victoria University of Wellington, New Zealand

‘This book examines a subject which is of increasing significance for the IP laws of all countries, which is the impact of FTAs on those laws. This is of particular significance for the UK where European IP rules will be replaced by those in FTAs. Phillip Johnson is the first scholar to consider this subject and his book makes a very important contribution to our understanding to the general subject of IP chapters in FTAs, as well as to the specific subject of the enduring influence in the UK of the EUs IP laws.’
– Michael Blakeney, University of Western Australia
Contents
Contents: PART I ACQUIS FROM ALL SIDES 1. Introduction: taking back control? 2. Interpretation of trade agreements: reading up and down 3. Principles of non-discrimination: broadening the effect of free trade agreements PART II THE BREADTH OF PROTECTION 4. Copyright and related rights 5. Trade marks, unfair competition and geographical indications 6. Designs and semi-conductor typographies 7. Patents, plant varieties and trade secrets 8. Enforcement and immunities 9. Exhaustion, border control and technology transfer 10. Conclusion: being locked in PART III LOCKED-IN LAWS Bibliography Index
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