Jonathan DC Turner

Barrister 

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Thirteen Old Square® Chambers

14 Old Square

Lincoln's Inn 

London WC2A 3UE, UK

Tel: +44 (0)20 7831 4445 

Fax: +44 (0)20 7841 5825 mail@jonathanturner.com

 

 

 

This page contains details of my publications arranged under the following headings:

 

Books

Articles

Papers and presentations

Reports

 

Some of the articles, papers and presentations can be viewed and downloaded from this site.

 

Books

Intellectual Property and EU Competition Law (OUP 2010) - sole author, with foreword by David Vaughan QC, CBE

"A comprehensive, detailed and accurate exposition of a controversial and increasingly important area of law" - Professor Jukka Snell

Vaughan & Robertson’s Law of the European Union (Richmond/OUP 1997 - present) - section on the application of EC competition law to intellectual property rights 

Vaughan’s Law of the European Communities (Butterworths 1986-1997) - sections on the application of EC competition law to intellectual property rights and vertical agreements

Tolley's Domain Names (Butterworths Tolley, 2002) - joint author

Countdown to 2000 - A Guide to the Legal Issues (Butterworths, 1998) - joint editor and contributor

Melville’s Forms and Agreements on Intellectual Property and International Licensing - contributions on EC free trade and competition law

Halsbury's Laws of England Volume 52 - chapters on the application of EC competition law to intellectual property rights and vertical agreements 

 

Articles

When is inspiration lawful? Many creative geniuses, including Homer, Shakespeare and Picasso, have drawn inspiration from earlier works. This article discusses whether this is allowed under modern copyright law as recently confirmed in Designers Guild v Russell Williams - View/Download

Plus Royaliste que le Roi - Glaxo v Dowelhurst [2000] EIPR, [2000] CIPA 330. This article criticised a decision of the English High Court (Laddie J) for misapplying rulings of the European Court of Justice on the repackaging of pharmaceutical products - View/Download

Purposive Construction: Seven Reasons Why Catnic is Wrong [1999] EIPR 531, [1999] CIPA 700. This article attacked the establishment view that the Catnic/Improver approach to the interpretation of patent claims is a correct application of the Protocol on Article 69 of the European Patent Convention - View/Download

The UK Competition Act 1998 and Private Rights [1999] ECLR 62, [1999] EIPR 181. This article considered the possibilities for enforcing the UK Competition Act in the civil courts and its effects on contractual and property rights - View/Download

Allen & Hanbury’s -v- Generics: Acte clair – and wrong [1988] EIPR 186. This article commented on the decisions of the English courts and the European Court of Justice concerning discriminatory provisions of the UK Patents Act relating to the enforcement of patents subject to licences of right. It criticised English judges for hostility towards points of EC law.  

Copyrights and Competition in Ancillary Markets: Why the MMC is Wrong [1985] EIPR 325. This article attacked the reports of the UK Monopolies and Mergers Commission on the enforcement of copyright by Ford in relation to spare parts and television companies in relation to programme schedules, pointing out fundamental misconceptions in their approach to the relationship between competition law and intellectual property rights.

The Prosecution of Karl Prantl: Bottles on the Incoming Tide [1985] EIPR 113. A comment on this significant decision of the ECJ which presaged the ruling in Silhouette v Hartlauer 14 years later.

The Need for an Effective Competition Policy [1984] EIPR 331. A seminal article which concluded: 

“The concept that monopolies and restrictive practices may and usually do operate against the public interest is a British invention, which has been more exploited abroad than at home.  It is high time this changed.  The Government should introduce legislation whereby all unjustified anti-competitive practices are unconditionally prohibited, subjected to unlimited fines, and treated as breaches of statutory duty entitling third parties to compensation for any damage suffered as a result of their adoption. .... Difficulties which may arise in deciding whether such practices are ‘unjustified’ could be substantially mitigated by providing that regard should be had to decisions taken in the application of corresponding provisions of US and European Communities law.  No single measure would more effectively implement the present Government’s declared policy of promoting competition.” 

This article together with a draft Bill based on it led eventually to the Competition Act 1998. Click here for further details.

British Leyland v Armstrong: Euro-defences misunderstood [1984] EIPR 320. This article criticised the Court of Appeal's rejection of the defendants' arguments that the enforcement of copyright in the designs of functional spare part was contrary to EC rules on free trade and competition. (The Court of Appeal's decision was subsequently reversed by the House of Lords on other grounds.) The central concept of the article was that copyright protection is not justified where it is necessary to copy a design in order to compete. This concept was subsequently adopted as a key feature of the reform of the law of designs in the Copyright Designs and Patents Act 1988.    

Chicago Pizzas – A Descriptive or Distinctive Name? [1983] EIPR 283 - a comment on the decision of the Court of Appeal in MyKindaTown v Soll

Competition and the Common Market after Maize Seeds [1983] ELR 103 -

a discussion of this leading case in the European Court of Justice on the application of article 85 to intellectual property licences and whether an exemption under article 85(3) could be overridden by the requirements of article 30. 

 

Papers and presentations

Intellectual Property, Contracts and Competition Law (Chancery Bar Association, May 2001) - View/Download 

Association between Acute Glaucoma, the Weather and Sunspot Activity (British Journal of Ophthalmology, 1978)

 

Reports

Marks & Clerk’s European Patent Infringement Cases (Trenton Publishing, 1999)

European Patent Office Reports (ESC, Sweet & Maxwell 1979-95)

 

Thirteen Old Square

Lincoln's Inn 

London WC2A 3UA, UK

Tel: +44 (0)20 7831 4445 

Fax: +44 (0)20 7841 5825 mail@jonathanturner.com

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