Tanya Aplin - Böcker

This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law.All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.

Designed specifically for students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated, and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. Each title is ideal for use throughout the course and in exams providing the student with: - Unparalleled coverage- Unannotated primary and secondary legislation- Detailed tables of content to aid quick and efficient research- Up-to-date and relevant material Online Resource Centre Updates Web links

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation.An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

This book explores the legal, political, and practical challenges that governments face when investigating local crimes involving digital evidence held by global cloud service providers. Criminal investigations increasingly require access to data held across borders. This gives rise to unique jurisdictional competitions and conflicts of law, as even exclusively domestic criminal investigations necessitate international cooperation when the relevant user data is stored abroad. Traditional systems of cross-border legal cooperation were designed for the pre-internet era and are ill-suited to address these challenges. This has led to extensive calls for reform and the proliferation of new policy initiatives at national, regional, and international levels. The book maps these emerging policy responses to cross-border data access problems and examines the extent to which they are fit for purpose. It then provides a framework to reconcile the practical necessities of law enforcement seeking digital evidence stored overseas with the territorial sovereignty of the countries hosting that data, the fundamental rights of individuals whose personal data is being sought, and the interests of technology companies whose cooperation is required.It is an essential guide to understanding the different rules, safeguards and procedures that govern law enforcement access to data held by multinational technology companies, and key to future policy development and legal reform.

Can researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?This open access book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical and ethical barriers that prevent the use of public sector data for research and innovation. This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

Can researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?This open access book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical and ethical barriers that prevent the use of public sector data for research and innovation. This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

This Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement.Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant.Contributors include: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. Weatherall