Commercial and Intellectual Property Law and Practice 2024

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Commercial and Intellectual P roperty Law and Practice provides a detailed guide to the four major elements of commercial law and practice. Part I offers a thorough introduction to commercial agreements; Part II tackles the additional problems created when drafting international sales agreements; Part III introduces the protection and exploitation of intellectual property; and Part IV outlines the general principles of competition law and examines how it may affect the drafting and operation of commercial agreements. The book has been developed to provide international comparisons and context in key areas of commercial and IP law, alerting students and practitioners to issues they may encounter in cross-border practice , from international conventions which harmonise rights and obligations, to notable variations in how domestic laws control trading activity.

This wide-ranging area of study and practice continues to expand, almost exponentially, with the pace of globalisation. That is unlikely to change and it is intended that this work will continue to respond to the needs and requirements of readers, having regard to the reality that in-depth scrutiny of complex topics will remain the preserve of more specialist works.

Contents

Commercial Agreements

Introduction to Commercial Contracts
International Aspects of Commercial Contracts
Negotiation, Contract Formation and Post-contractual Considerations
Sale of Goods: Introduction
Sale of Goods: Core Terms – Price, Payment and Delivery
Sale of Goods: Ownership and Retention of Title
Sale of Goods: Implied Terms – Title and Quality Provisions
Exclusion Clauses: General Principles
Exclusion Clauses: Drafting for Reasonableness
Marketing Agreements: Introduction to Agency and Distribution
Marketing Agreements: Drafting Agency and Distribution Agreements
Marketing Agreements: Drafting Licensing, Merchandising and Franchising Agreements

International Sale Agreements

Choice of Jurisdiction and Law
International Sale of Goods
Financing and Security Arrangements in International Sale of Goods

Intellectual Property

Passing Off
Trade Marks
Copyright
The Database Right
Design Rights
Patents
Basics of the Law of Confidential Information
Information Technology
E-commerce
Data Protection and Freedom of Information

Competition Law

Competition Law and Commercial Agreements
EU Law and Intellectual Property Rights

Legislation

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