Jonathan DC Turner
Three Stone Chambers
3 Stone Buildings
London WC2A 3XL, UK
Tel: +44 (0)20 7242 4937
This page contains details of my publications arranged under the following headings:
Some of the articles, papers and presentations can be viewed and downloaded from this site.
Intellectual Property and EU Competition Law (OUP 2010) - sole author, with foreword by David Vaughan QC, CBE
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
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  EIPR,  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  EIPR 531,  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  ECLR 62,  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  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  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  EIPR 113. A comment on this significant decision of the ECJ which presaged the ruling in Silhouette v Hartlauer 14 years later.
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  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?  EIPR 283 - a comment on the decision of the Court of Appeal in MyKindaTown v Soll
Competition and the Common Market after Maize Seeds  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.
Intellectual Property, Contracts and Competition Law (Chancery Bar Association, May 2001) - View/Download
Marks & Clerk’s European Patent Infringement Cases (Trenton Publishing, 1999)
European Patent Office Reports (ESC, Sweet & Maxwell 1979-95)