A powerful pathfinder across the European IP minefield

Now in its fifth edition, and with three industry heavyweights (Richard Davis, Thomas St Quintin and Guy Tritton, all of Hogarth Chambers) as its principal contributors, Tritton on Intellectual Property in Europe promises a lot. In short, the book surpasses even the highest expectations, offering an analysis-rich, practical assessment of the current IP landscape in Europe.

The authors make time to analyse a number of landmark judgments that have been handed down since the publication of the fourth edition. These include Unwired Planet v Huawei Technologies and Schweppes v Red Paralela. Both of the aforementioned cases will no doubt significantly alter the European IP and trade mark landscape in years to come.

The book is beautifully structured, which ensures the reader does not drown in complicated legislation or case law when searching for a specific point. The authors also duly recognise that European IP legislation does not operate in a vacuum. For this reason, they have made the book both an authority on developments in substantive law and a strategic guide for applying it in everyday practice.

One chapter which stands out focuses on the law of abuse of a dominant position. The in-depth analysis of this law is well-timed, given the recent surge in high-profile antitrust and competition investigations by the European Commission.

The text’s greatest strength, however, is found in its explanation of the more practical aspects of IP law. The authors offer an unparalleled analysis of how substantive IP law is used in day-to-day settings. Particularly useful passages focus on topics such as franchising, enforcement of rights by national collecting societies and IP-specific settlement agreements.

Despite what the title may suggest, the book is not completely limited to European jurisdiction. It also provides valuable insight into the approach taken to certain groups of IP rights in the US. This extra point of comparison is of particular advantage when deciding which jurisdiction should govern certain types of franchising agreements, for example.  

All IP practitioners, from trainees to Queen’s Counsel, will find this publication to be an invaluable resource.

Craig Laverty is a future trainee solicitor at Eversheds Sutherland