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25 June 2009 / Alistair Kelman
Issue: 7375 / Categories: Features
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Against Intellectual Monopoly

Against Intellectual Monopoly: Michele Boldrin and David K. Levine

Thirty years ago the ordinary lawyer did not need to know about copyright save perhaps in the trite phrase “Copyright protects the form in which an idea is presented but not the idea itself”. Copyright issues were left to a specialist IP Bar of which I was then a member. Today copyright issues arise in the day to day work of a commercial solicitor. But while there are balanced practitioners textbook for every other field the main practitioners textbooks (Copinger & Skone James on Copyright   ISBN: 9781847031280 and The Modern law of Copyright and Designs ISBN: 9781405717984) both fail to genuinely set out the law and the intellectual arguments in a comprehensive and sensible form.  Written by practitioners in specialist IP chambers they are a history of the world written by the victors.
Partly this is a consequence of the English legal systems’ requirement that the loser pays the other side’s costs—so English judges never have the benefit of any amicus curiae briefs to assist the court

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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