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The constitution of intellectual property as an academic subject

Published online by Cambridge University Press:  02 January 2018

Jose Bellido*
Kent Law School, University of Kent, Canterbury, Kent CT2 7NS, UK


This essay offers a reinterpretation of the constitution of intellectual property as an academic subject by focusing on the work of Thomas Anthony Blanco White (1916–2006). His textbooks were fundamental for the development of ‘intellectual property’ in Britain and the Commonwealth. Not only did they provide the basis for a discipline in the making, their timely publication also helped to connect and, more importantly, constitute a diverse audience of articled clerks, practitioners and students. This essay traces the making of Blanco's first booklets and his subsequent rewriting of them, which culminated in the publication of what would become a standard textbook writing technique in British intellectual property in the twentieth century. In explaining the history of these textbooks and their pivotal role for the recognition of intellectual property as an academic subject in the university curriculum, the essay explores the ways in which a distinctive knowledge of and writing about intellectual property emerged in Britain in the post-war years.

Research Article
Copyright © Society of Legal Scholars 2017

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Thanks to Henry and Anne Blanco White, Iain Ross, Sir Robin Jacob, Anna McNally, John Call, Fiona Clark, Peter Fisher, David Lobenstine, Donald Vincent, Julian Jeffs, Franceys Allen, Liz Larby, Anthony Kinahan, Lionel Bently, Jane Belford, Chris Rycroft, Dick Greener, Barbara Grandage, Carol Tullo, Kamran Noorani, Dominic Smith, David England, John Maher, Malcolm Langley and Ruth Frendo.


1. L Bently ‘Trade secrets: “intellectual property” but not “property”?’ in HR Howe and J Griffiths (eds) Concepts of Property in Intellectual Property Law (Cambridge: Cambridge University Press, 2013) pp 63–67; see also G Dworkin ‘Book review – Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights. By W.R. Cornish London: Sweet & Maxwell, 1981’ (1982) 45 MLR 113–115; G Dworkin ‘Unfair competition: is it time for European harmonization?’ in D Vaver and L Bently (eds) Intellectual Property in the New Millennium: Essays in Honour of William R. Cornish (Cambridge: Cambridge University Press, 2004) p 175; and L. Bently ‘What is intellectual property?’ (2012) 71 CLJ 501.

2. WR. Cornish Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (London: Sweet & Maxwell, 1981).

3. M Langley ‘The Weston Papers: intellectual property law and the origins of the Centre for Commercial Law Studies at Queen Mary, University of London’ (2011) 1 Queen Mary Journal of Intellectual Property, 2–20.

4. J Cutler, On Passing Off, or Illegal Substitution of the Goods of One Trader for the Goods of Another Trader (London: Gay and Bird, 1904). Similarly, Leone Levi's lectures on commercial law at King's College had covered copyright and patents as ‘topics’; see L Levi Manual of the Mercantile Law of Great Britain and Ireland (London: Smith, Elder & Co. Cornhill, 1845).

5. L Bently and B Sherman, Intellectual Property Law (Oxford: Oxford University Press, 2001).

6. Cornish, n 2 above, pp x–xi.

7. (1946) 7 NILQ 192.

8. Stevens' Complete Catalogue (London: Stevens & Sons, 1950) 59–60 (Thomson & Reuters Archives).

9. CN Beattie, Income Tax (London: Stevens & Sons, 1949); see also ‘Book review – Copyright by TA Blanco White (Stevens & Sons, 1949)’ (1950) 13 MLR 277.

10. Stevens' Complete Catalogue, n 8 above, p 6.

11. (1946) 7 NILQ 192.

12. Law Times – Trade Marks and the Law of Unfair Competition by Blanco White, This is the Law Series, Stevens & Sons, 1947’ Stevens' Complete Catalogue, n 8 above, p 63.

13. Copyright, This is the Law Series, Stevens & Sons, 1949’ Stevens' Complete Catalogue, n 8 above, p 63.

14. RA Danner ‘Oh the treatise!’ (2013) 111 Mich L Rev 821–834.

15. Since the books were ‘written primarily for the layman and the business man’ (1948) 10 CLJ 168.

16. D Conkle Book ‘Review. Constitutional Federalism in a Nutshell, 2nd ed. by DE Engdahl’ Faculty Publications, (1988) Paper 869.

17. Quoting one of these booklets, see R Jacob ‘Patents and Pharmaceuticals’ (2008) CIPA Journal 711; see also R Jacob, D Alexander and M Fisher Guidebook to Intellectual Property (Oxford: Hart Publishing, 2013) p v.

18. Stevens' Complete Catalogue, n 8 above, p 63.

19. Interview with Henry Blanco White, Philadelphia, September 2012; see also Stuffgownsman ‘The Young Barrister’ The Sunday Times, 11 January 1953 in ACLE 40/4 (IALS Archives).

20. ‘Law and Everyday Life’ taught by TA Blanco White, Morley College for Working Men and Women, Syllabus 1946–7; 6, and ‘Law and Everyday Life’ taught by TA Blanco White, Morley College for Working Men and Women, Syllabus, 1947–8, 10 (Morley College Archives).

21. D Richards Offspring of the Vic: A History of Morley College (London: Routledge and Kegan, 1958) p 276. See also R Fry, Maud and Amber: A New Zealand Mother and Daughter and the Women's Cause, 1865–1981 (Canterbury: Canterbury University Press, 1992) and M. Drabble ‘Amber Reeves (1887-1981)’ in B Passmore (ed.) Breaking Bounds: Six Newnham Lives (Cambridge: Newnham College, 2014) pp 41–51.

22. J Evans Journeying Boy: The Diaries of the Young Benjamin Britten 1928–1938 (London: Faber & Faber, 2009).

23. Blanco White to the principal of Morley College, Eva M. Hubback, 4 August 1946 (Morley College Archives).

24. Beginning in 1947, the course (Patent Law) consisted of eight lectures and was intended to give ‘industrial administrators and executives a working knowledge of the problems of Patents and Registered Design protection’; see Sir John Cass Technical Institute Prospectus for the Session, 1947/8, 31 (Metropolitan University Archives). Although Blanco does not appear as a lecturer until 1954–1955, he had already substituted Eric Walker occasionally, as Donald Vincent recalls in his ‘Blanco White. Letters to the Editor’ (2006) The CIPA Journal 429; see also ‘Sir John Cass College’ Minutes of Meeting of the Council, 19 January 1954 (ITMA Archives).

25. The Patent Law course at Princeton College of Languages and Commerce in London began in 1950, having 24 students on its roll; see Princeton College of Language and Commerce 1952–1953, 40 (University of Westminster Archives).

26. PFR Venables Technical Education (London: Bell & Sons, 1956) 119. This trend continued in Manchester. In 1957, the Manchester and District Advisory Council for Further Education also arranged a course of five lectures on patents; see LHA Carr and JC Wood Patents for Engineers (London: Chapman & Hall, 1959).

27. The Northampton College of Advanced Technology, the predecessor of The City University (London) was also engaged in teaching industrial property and copyright since March 1961; see LA Fairbairn ‘University training in industrial property’ (1976) The CIPA Journal 371.

28. E Williamson ‘Twenty years onward’ (1955/1956) CIPA Transactions 190, at 197.

29. ‘Textbook of trade marks’, Minutes of the Meeting of the Council, Institute of Trade Mark Agents, 20 June, 1950 (ITMA Archives).

30. Compare, for instance ‘Common mistakes in the handling of Trade Marks’ (syllabus) and ‘Pitfalls in Trade Mark Law’ (booklet). (Metropolitan University Archives).

31. TA Blanco White The Conflict of Laws in a Nutshell (London, Sweet & Maxwell, 1947). Six years later, Fenton Shea Bresler (1929–2003) took over the job and prepared a second edition based on Blanco's booklet; see ‘Conflict of laws in a nutshell. By Fenton S. Bresler’ (1953) 11 CLJ 512.

32. TA Blanco White Trade Marks and the Law of Unfair Competition, (London: Stevens & Sons, 1947); TA Blanco White, Patents and Registered Designs (London: Stevens & Sons, 1947); TA Blanco White Copyright (London: Stevens & Sons, 1949). These three booklets were revised and published together in a single volume entitled Industrial Property and Copyright (London: Stevens & Sons, 1962)

33. Modern Law Review, Patents and Registered Designs by Blanco White, This is the Law Series, Stevens & Sons, 1947 Stevens' Complete Catalogue, n 8 above, p 63.

34. Standard practitioners' books such as Copinger (copyright); Terrell (patents) and Kerly (trade marks) were indeed legal tomes or ‘treatises’ written by practising barristers for practising barristers. They were certainly not introductions to the subject. For a study of this form of legal writing, see B Simpson ‘The rise and fall of the legal treatise: legal principles and the forms of legal literature’ (1981) 48 U Chi L Rev., 632–679. Comparison with the rise of the textbook tradition in other legal disciplines might be instructive here. However, the chance of finding suitable comparative parallels is haunted by the special ‘technical’ features exhibited by patent law. For an interesting study of ‘treatises'; ‘textbooks' and other literature in criminal law, see L Farmer, Making the Modern Criminal Law: Criminalization and Civil Order (Oxford: Oxford University Press, 2016) p 149 and L. Farmer, ‘Of treatises and textbooks: the literature of criminal law in nineteenth century Britain’ in A. Fernandez, and M. Dubber, (eds.) Law Books in Action: Essays on the Anglo-American Legal Treatise (Hart Publishing: Oxford, 2012) pp 145–164.

35. Blanco White, n 32 above.

36. Ibid.

37. Ibid; see WJ Brown ‘Book review: Copyright. By TA Blanco White (Stevens & Sons, 1949)’ LS Gaz. 303.

38. The historical tension between different kinds of legal and technical expertise embedded in the patent profession is described in KW Swanson ‘The emergence of the professional patent practitioner’ (2009) 50 Technology and Culture 519.

39. More recently, the booklets' custodians have suggested that this is why ‘there are no footnotes, few case references in the text and little attempt at any detailed exposition’; see Jacob et al., n 17 above, at v.

40. Blanco White, n 32 above, p ix.

41. Jacob et al., n 17 above, 711.

42. A Clark ‘Book review: Patents, Trade Marks, Copyright and Industrial Designs by TA Blanco White and R. Jacob (London: Sweet & Maxwell, 3rd edn, 1982)’ (1987) 19 BLJ 86, 87.

43. WJD ‘Book review’ (1952) 1 The American Journal of Comparative Law 302–303.

44. Interview with Sir Robin Jacob, London, October 2011.

45. His Honour Judge Fysh QC ‘Commemoration Speech on the Life and Death of Thomas Blanco QC’ [2006] RPC 480–481.

46. Sir John Cass College ‘Patents and Industrial Designs Protection – Syllabus 1953/4’ Handbills (London Metropolitan University Archives).

47. P Meinhardt ‘Book review – Patents and Registered Designs and Their Exploitation. By TA Blanco White, London: Stevens & Sons, 1947’ (1948) 11 MLR 366.

48. Ibid.

49. Blanco White, n 32 above, p 16.

50. Ibid, p 7 [my emphasis].

51. Ibid, pp vii-viii.

52. Blanco White, n 32 above, p 19.

53. Jacob et al., n 17 above, p v [my emphasis].

54. See, for instance ‘Pitfalls in Trade Mark law’ in Blanco White, n 32 above, pp 37–49.

55. ‘There are three forms of legal monopoly that may be available to prevent imitation of a new product’ in Blanco White, n 32 above, p 1.

56. Pottage and Sherman have recently considered the fact that patent lawyers so rarely ask ‘what is the invention?’. They note that ‘[i]nstead of asking the question directly, they are more likely to ask what types of subject matter should be protected, or how the scope of patents should be regulated’; A Pottage and B Sherman Figures of Invention. A History of Modern Patent Law (Oxford: Oxford University Press, 2010) p 3.

57. Blanco White, n 32 above, pp 1–2.

58. Ibid, p 7.

59. In a similar vein, see also Cornish, n 2 above, p 18.

60. Blanco White, n 32 above, 3-12.

61. See, for instance, GA Bloxam, Licensing Rights in Technology (London: Gower Press, 1972) pp 1–3.

62. A non-exhaustive list showing their range might include: P Meinhardt Inventions, Patents and Monopoly (London: Stevens & Sons, 1946); LHA Carr Patents for Engineers (London: Chapman & Hall, 1959); KE Shelley Terrell and Shelley on the Law of Patents (London: Sweet & Maxwell, 1951).

63. ‘Mr H. Saunders: I agree with Mr. Edmunds on the importance of educating undergraduates in basic patent principles. I expressed my personal appreciation of the services of a University professor as expert witness in a recent High Court action by sending him copies of Clifford Lees’ book, The Inventor and his Patent, and Blanco White's Industrial Property and Copyright. I would commend this as a way of ‘spreading the gospel’ in ‘Changing attitudes’ (1967/1968) CIPA Transactions 184, 188.

64. ‘Seminar (industrial property) course taught by Jim Lahore’ Monash University, Faculty of Law, Student Handbook, 1970, p 73 (Monash University Archives). Blanco's patent booklet also appeared as prescribed reading in ‘Industrial and commercial property – taught by Profs. WL Morison, E Solomon and W Gummow’ Faculty of Law, Handbook, 1966, pp 65–66 (University of Sydney Archives); ‘Law of industrial property’ (Australian National University, Faculty Handbook, 1971; ANUA143 (ANU Archives).

65. Cornish, n 2 above, p ix.

66. For instance, Bill Cornish (LSE and Cambridge). It is equally significant to follow Blanco White's influence on the career of some members of his chambers, such as Hugh Laddie or Sir Robin Jacob, who became professors at University College, London. See Cornish, n 2 above, p xi; and D Vaver ‘Laddie, Sir Hugh Ian Lang (1946–2008)’ in L Goodman (ed) Oxford Dictionary of National Biography, 2005–2008 (Oxford: Oxford University Press, 2013) pp 666–668.

67. Following this approach, in 1955 Blanco read a paper at the Institute of Trade Mark Agents entitled ‘On the borderline of trade marks: copyright and designs’; see ‘Activities of the Institute’ Minutes of the Meeting of the Council, 18 January 1955 (ITMA Archives).

68. Blanco White, n 32 above, at 5. For a recent overview of the literature interested in these connections, see N Wilkof and S Basheer (eds) Overlapping Intellectual Property Rights (Oxford: Oxford University Press, 2012).

69. Blanco White, n 32 above, pp 15–21.

70. Ibid., pp 3–12; see also Cornish, n 2 above, pp 31–73.

71. For instance, in relation to enforcement and costs of litigation, see Blanco White, n 32 above, pp 6–7.

72. Clark, n 42 above, at 79, 87

73. J Jeffs ‘Obituary – Thomas Blanco White’ The Times, 11 February 2006, 75; see also EP Ellinger ‘Book review: Industrial Property and Copyright. By TA Blanco White (London: Sweet & Maxwell, 1962)’ (1963) 5 Mal Law Rev 421.

74. Blanco White, n 32 above, at p 3.

75. Clark, n 42, above, at 86–87.

76. Blanco White, n 32 above, pp 3-4.

77. See J Burke and P Allsop ‘Law Publishing Today’ in Sweet & Maxwell (ed) Then and Now 1799–1974: Commemorating 175 years of Law Bookselling and Publishing (London: Sweet & Maxwell, 1974) 137, 145; see also A Firth ‘Book review: Blanco White and Jacob, Patents, Trade Marks, Copyright and Industrial Designs (London, Sweet & Maxwell, 3rd edn, 1986)’ (1987) 12 EIPR 376 [‘As always, the book will make valuable reading for those engaged on a course of study in intellectual property law; the new edition should charm a wider readership’].

78. TA Blanco White and R Jacob Patents, Trade Marks, Copyright and Industrial Designs (London: Sweet & Maxwell, 1970; 2nd edn, 1978 [with J.D. Davies]; 3rd edn, 1986) and more recently, R Jacob and D Alexander A Guidebook to Intellectual Property. Patents, Trade Marks, Copyright and Designs (London: Sweet & Maxwell, 1993); R Jacob, D Alexander and L Lane A Guidebook to Intellectual Property. Patents, Trade Marks, Copyright and Designs (London: Sweet & Maxwell, 2003); and Jacob et al, n 17 above.

79. For instance, in India, see N Khodie and N Ponnuswami ‘A short report on the present status of teaching and research in intellectual property law in India’ in Regional Symposium on Intellectual Property Law Teaching and research in Asia and the Pacific: Beijing, China November 9–13, 1987 (Geneva: WIPO, 1988) pp 263–278; at 274 [Copyright by Blanco White] and 276 [Kerly on Trade Marks by Blanco White].

80. Interview with Chris Rycroft, Oxford, April 2014.

81. The London School of Economic and Political Science, Calendar 1962–63 (London, 1962) at 381–382.

82. Ibid at 27.

83. ‘Time-table of courses- LL.B- 19621963’ p 3; LSE/Unregistered/27/4/5 (LSE Archives).

84. H Kidd (LSE Secretary) to Blanco White, 2 November 1962; LSE/Staff File/Blanco White, TA (LSE Archives).

85. Sidney Caine (LSE Director) to Kahn-Freund, 21 May 1962; LSE/Staff File/Blanco White, TA (LSE Archives).

86. Kahn-Freund to Sidney Caine. 9 May 1962; LSE/Staff File/Blanco White, TA (LSE Archives).

87. Kahn-Freund to Blanco White, 30 October 1962; LSE/Staff File/Blanco White, TA (LSE Archives).

88. Minutes, Board of Studies of Laws, 24 May 1967, AC8/33/1/7 (University of London Archives).

89. LSE, Calendar 1968–69 (London 1968) 421. For a brief history of the LL.M programme, see W Twinning ‘Laws’ in FML Thompson (ed) The University of London and the World of Learning, 1836–1986 (London: Continnuum-3PL, 1990) pp 108–110.

90. University of London, Institute of Advanced Legal Studies, Nineteenth Annual Report, 19651966, 20.

91. Minutes, Board of Studies of Laws, 18 October 1967, AC8/33/1/7 (University of London Archives).

92. Minutes, Board of Studies of Laws, 13 December 1967, AC8/33/1/7 (University of London Archives).

93. T Aplin ‘Right to property and trade secrets’ in C Geiger (ed) Research Handbook on Human Rights and Intellectual Property (London: Edward Elgar, 2015) pp 421–437; and Bently ‘Trade Secrets’, n 1 above, pp 60–93.

94. In 1980 the course was called ‘Intellectual Property’ and still had Blanco's textbooks as recommended reading; see LSE Calendar 1980–81 (London, 1980) 445.

95. D Vaver and L Bently ‘Preface’, n 1 above, p xii.

96. Mary Vitoria QC (LSE Calendar, 1977–78, pp 408409); James Lahore (LSE Calendar, 197879 pp 422423); Brad Sherman (LSE Calendar 199091, p 637); Gerald Dworkin (LSE Calendar, 199293, p 704); David Llewelyn (LSE Calendar, 1992–93, p 704); Robin Jacob (LSE Calendar, 199596, p 729); Anne Barron (LSE Calendar, 199596, p 729); Lionel Bently (LSE Calendar, 1994–95, p 769); see also JH Baker 750 Years of Law at Cambridge (Cambridge: University of Cambridge, 1996) 15 [mentioning the establishment of the chair in 1993]; Law 1 (5), (Cambridge University Archives).

97. S Ricketson ‘Intellectual property as a field of research and inquiry: Jim Lahore as the pioneer’, (2005) Intellectual Property Forum, 10.

98. That Houghton Street is ‘near the Law Courts’ was one of the features often advertised in LSE brochures and handbooks; see for instance, LSE, Handbook for Undergraduate Studies, 1964–5, p 3; LSE/Unregistered/27/4/5 (LSE Archives).

99. KW Wedderburn ‘Law as a Social Science’ (1966) 9 J Soc'y Pub Tchrs L 335, at 342.

100. R Cranston ‘Praising the professors: commercial law and the LSE’ in R Rawlings (ed) Law, Society, and Economy: Centenary Essays for the London School of Economics and Political Science 1895–1995 (Oxford: Oxford University Press, 1997), 117.

101. W Cornish ‘LSE and the Law’ LSE Centenary Review, December 1994, pp 14–15; LSE/Unregistered/27/4/7 (LSE Archives).

102. J Adams ‘Clive M. Schmitthoff (1903–1990)’ in J. Beatson and R. Zimmermann (eds) Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain (Oxford: Oxford University Press, 2004) pp 367–380.

103. The journal began as a quarterly in January 1957 although the publishing agreement was signed a couple of months later; see ‘Agreement between Clive M. Schmitthoff and Stevens & Sons, 15 March 1957’; PP20/CMS/10/18; (Queen Mary University Archives).

104. The change took place in [1966] JBL 74–75.

105. Schmitthoff's appointment diary in 1962 shows the connection between him and Blanco; see for instance ‘Appointment Diary – 1962’; PP20/CMS/13/1 (Queen Mary University Archives).

106. For a history of the birth of the journal, C Glasser ‘Radicals and refugees: the foundation of the Modern Law Review’ (1987) 50 MLR 688–708; 699.

107. P Meinhardt ‘Book review: Blanco, Patents and Registered Designs; Blanco, Patents for Invention’ (1951) 14 MLR 380–381; F.E. Skone James ‘Book review: Blanco, Industrial Property and Copyright’ (1963) 26 MLR 744–745.

108. See, for example, O Kahn-Freund ‘English Contracts and American Anti-Trust Law: the Nylon patent case’ (1955) 18 MLR 65, 67; FG Guttman ‘Supervision of expert Tribunals by the Courts’ (1959) 22 MLR 671–675; G Dworkin ‘Privacy and the press’ (1961) 24 MLR 185–189; LW Melville ‘Trade mark licensing and the Bostitch decision’ (1966) 29 MLR 375–388.

109. Material recommended, ‘Law of Intellectual Property’ (third-year option), City of London Polytechnic, Annual Report 1974/75, 54 (Metropolitan University Archives).

110. For instance, see L Melville ‘Trade mark licensing and the Bostitch decision’ (1961) 57 Trademark Reporter 255.

111. P Leopold ‘The Whitford Committee Report on Copyright and Designs Law’ (1977) 40 MLR 685.

112. SJ Soltysinski ‘New forms of protection for intellectual property in the Soviet Union and Czechoslovakia’ (1969) 32 MLR 408; see also Cornish to Soltysinski, 18 October 1968 [recommending minor changes to the article]; MLR/3/2/4 (LSE Archives).

113. See, for example, Dworkin to Cornish, 7 October 1968 [sending a copy of the new edition of The Patents Acts 1949-1961 for review]; Cornish to Melville, 5 June 1967 [regarding the publication of Melville's article ‘Trade Mark Licensing and the Bostitch Decision’] MLR/3/2/4 (LSE Archives).

114. Glasser, n 106 above, at 699; see also ‘Editorial’ (1937) 1 MLR, 2 and ‘Twenty first birthday’ (1958) 21 MLR, 1–2.

115. C Grunfeld (LSE) to Weston, 26 July 1974; Weston Papers (Queen Mary Intellectual Property Archive)

116. Copyright, trade mark and patents had also been incidentally incorporated as ‘topics’ (and not subjects) in law syllabuses. Their inclusion often came through property, commercial law or tort courses. For an overview, see FH Lawson ‘Changes in the law courses at the University of Oxford’ 1 J. Soc'y Pub. Tchrs. L. (1947–1951) 112, at 113. Similarly, courses entitled ‘Industrial Law’ at the University of Glasgow and the University of Manchester began to incorporate intellectual or industrial property in its outlines in the 1960s; see ‘United Kingdom’ in Teaching of the Law of Intellectual Property throughout the World (Geneva, WIPO 1972) pp 73–74; ‘Industrial Law’ University of Glasgow, Calendar 1961/2; SEN10/104, p 278 (University of Glasgow Archives).

117. Cyril Grunfeld (LSE) to Walter Weston (CIPA), 26 July 1974; Weston Papers, Queen Mary Intellectual Property Archive. Similarly, RH Graveson (KCL) to Walter Weston (CIPA) 9 February 1968; Weston Papers (Queen Mary Intellectual Property Archive).

118. Arthur Tattersall (UCL) to Walter Weston (CIPA), 30 May 1974; Weston Papers (Queen Mary Intellectual Property Archive).

119. Although I have looked through the relevant papers at the IALS Archives, this is however a speculative conclusion since the collection is not complete.

120. Questions for the Intermediate Examination, Head II, January 1910; LSOC 1/1 (IALS Archives).

121. Questions, Head II, April 1910; LSOC 1/1 (IALS Archives).

122. Questions, Head II, November 1910; LSOC 1/1 (IALS Archives).

123. Handbook of the Law Society (London: Published by authority of the Council of the Law Society, 1905); A Gibson, The Intermediate Law Examination Made Easy: A Complete Guide to Self-preparation (London: Law Notes, 1904) pp 232–238.

124. Report from the Special Committee upon the Training of Articled Clerks (1933) recommending ‘Patents, Trade Marks and Copyright’ as an optional subject on the Final Examination, vol 23, p 12 (Law Society Archives).

125. Report to Council by the Articled Clerks Committee, 1940, 11 (Law Society Archives).

126. Report to Council by the Articled Clerks Committee, 1952, 8 (Law Society Archives).

127. In selecting the subjects of optional papers, one of the factors the Committee took into account was the existence of student textbooks because ‘a set book undoubtedly simplifi[ed] the task of the candidate and of his teacher and of the examiner by prescribing exactly the scope of the examination’; see Report to Council by the Articled Clerks Committee, 1952, 10 (Law Society Archives).

128. I Shaw (KCL) to Weston, 10 June 1974; Weston Papers (Queen Mary Intellectual Property Archive).

129. Although the history of the Patent Bar is yet to be written, some reminiscences of the post-war years are found in A Gilchrist After Court Hours (London: Butterworth & Co., 1950) pp 44-50. More recently, see R Jacob IP and Other Things (London: Hart Publishing, 2015).

130. A Tattersall (UCL) to Weston, 30 May 1974; Weston Papers (Queen Mary Intellectual Property Archive)

131. DJ Ryan ‘Consideration of Industrial Property as a University Law Subject’ Melbourne University Law School, 1973, 16; Weston Papers (Queen Mary Intellectual Property Archive).

132. ‘Industrial and commercial property …’ n 64 above; ‘Seminar (industrial property) …’ n 64 above; ‘Law of Industrial Property’ n 64 above; see also the ‘Proposal by Professor Donald Harding for the introduction of a set of subjects relating to business law, including the industrial and intellectual property elective’ University of New South Wales, 1973 (UNSW Archives).

133. ANU Calendar, 1972, ‘The work of the law school’, 129 (ANU Archives).

134. MP Ellinghaus, ‘Some aspects of Australian legal education’ 20 Ala. Law Review (1960) 280–284.

135. Faculty Board Minutes, 1/69 (Monash University Archives).

136. ‘Industrial and commercial property …’ n 64 above; ‘Seminar (industrial property) …’ n 64 above ; ‘Law of Industrial’ n 64 above.

137. ‘Obituary – Mr R. Hilary Stevens’ (1961) 24 MLR 689; NS Marsh ‘Notes: the late Mr. R. Hilary Stevens’ (1962) 11 ICQL 251.

138. For a history, see MW Maxwell ‘The development of Law publishing 1799–1974’ in Sweet & Maxwell (ed) Then and Now: 1799–1974. Commemorating 175 years of Law Bookselling and Publishing (London: Sweet & Maxwel, 1974) pp 121–156; esp. pp 135–136.

139. Memorandum regarding Stevens & Sons from Butterworths, dated 24 February 1941 in Ms 35288/2 Butterworths Co. & Co, Sweet & Maxwell – Correspondence 1939–1960 (London Metropolitan Archives).

140. Interview with Barbara Grandage, December 2011.

141. For a study of the development of industrial property laws within the ‘Commonwealth’, see WR Cornish ‘Patents and innovations in the Commonwealth’; (1983) 9 The Adelaide Law Review 173.

142. See, for instance, Ellinger, n 73 above

143. WM Gummow ‘Abuse of monopoly: industrial property and trade practices control’ Sydney Law Review, 1972 (2), pp 339–359, at 357; WL Hayhurst ‘Industrial property: part I’ (1983) 15 Ottawa Law Review 38, 106.

144. A quick glance at the books published by LawBook shows the impact the company had on the crystallisation of legal doctrine in Australia, see H Lücke ‘Legal history in Australia: the development of Australian legal/historical scholarship’ (2010) 34 Australian Bar Review 109.

145. See Industry ‘67: Centennial perspective (Toronto: Canadian Manufacturers’ Association, 1967) and PT Murphy ‘The role of publishing houses in developing legal research and publication in Canada’ in Contemporary Law: Canadian Reports to the 1990 – International Congress of Comparative Law, Montreal, 1990 (Cowansville: Éditions Yvon Blais, 1992) 732.

146. M Mehta Indian Merchants and Entrepreneurs in Historical Perspective (Delhi: Academic Foundation, 1991) 195.

147. Pakistan Law House was established in 1950 by Malik Noorani. It became the exclusive distributing agency of Sweet & Maxwell in Pakistan.

148. Fluflon Limited v William Frost & Sons Limited [1966] FSR 184 [HL]; Rodi and Wienenberger A.G. v Henry Showell Limited [1968] FSR 100 [HL].

149.AIRCO’ Trade Mark [1977] FSR 485 [Bermuda].

150. FarbwerkeHoeschst Aktiengesellschaft v Unichem Laboratories [1969] AIR Bom 255 [India] reported in Britain as [1969] RPC 55.

151. See, for instance, KS Shavaksha The Trade and Merchandise Marks Act, 1958 (Bombay: Tripathi Private Ltd, 1974), with a preface by TA Blanco White.

152. TA Blanco White Patents for Inventions and the Registration of Industrial Designs (London: Stevens & Sons, 4th edn, 1974) at vi.

153. TA Blanco White ‘Fifty years in patents’ (1987) 11 EIPR 311 at 314.

154. ‘Seminar (industrial property) …’ n 64 above

155. ‘Industrial Property and Copyright’ Monash University, Faculty of Law, Student Handbook (1972) 78 (Monash University Archives).

156. Communication from Professor Louis Waller, October 2015; see also P Yule and F Woodhouse, Pericleans, Plumbers and Practitioners: The First Fifty Years of the Monash University Law School (Clayton: Monash University Publishing, 2014) pp 121–122

157. J Luck ‘Intellectual property as a university subject I’ (2005) Intellectual Property Forum, 28.

158. ‘Intellectual Property’ University of Southampton, Calendar 1975/76, p 396 (University of Southampton Archives).

159. J Lahore Intellectual Property in Australia (Sydney: Butterworths, 1977); see also S Ricketson The Law of Intellectual Property (Sydney: Law Book Company, 1984).

160. Blanco White, n 152 above; TA Blanco White Kerly's Law of Trade Marks (London: ••••, 9th edn, 1966); TA Blanco White, et al. Encyclopaedia of UK and European Patent Law (London: Sweet & Maxwell, 1977).

161. Cornish, n 2 above, p 20; JF Wilson and SB Marsh ‘Second survey of legal education in the United Kingdom’ (1975) 13 J. Soc'y Pub. Tchrs. L. 239 at 282. ‘The Law of Mass Media and Intellectual Property’ taught by Harry Bloom at Kent Law School; Faculty of Social Sciences, Handbook 1974, 64–65 (University of Kent Archives).

162. For instance, the City of London Polytechnic began offering a one year part-time course introducing ‘the law of industrial and intellectual property’ entitled ‘The law of trade marks and industrial property’ in 1975; see Minutes of the Education and Training Committee, Institute of Trade Mark Agents, 27 January 1975 (ITMA Archives).

163. In fact, BIRPI (Bureaux Internationaux Réunis de la Protection de la Propriété Intellectuelle) changed its name to WIPO (World Intellectual Property Organisation) in 1967. See A Bogsch The First Twenty-Five. Years of the World Intellectual Property Organization from 1967 to 1992 (Geneva: International Bureau of Intellectual Property, 1992).

164. Such factor is inferred in the creation of what would become the most distinctive British academic journal in the field, the European Intellectual Property Review (EIPR). Kahn-Freund had also expected the rise of academic and educational interest on the discipline ‘if we enter the European Economic Community’; see Kahn-Freund to Sidney Caine, 9 May 1962; LSE/Staff File/Blanco White, TA (LSE Archives).

165. B Sherman and L Bently The Making of Modern Intellectual Property. The British Experience, 1760–1911 (Cambridge: Cambridge University Press, 1999) pp 212–215.

166. ‘There is a complete lack of research on industrial property in this country and the Max-Plank Institute and Strasbourg are likely to monopolise this field’ said AW White in ‘University Training in Industrial Property’ (2006) The CIPA Journal, 429 at 188–202, 200.

167. ‘University Chair in Intellectual Property Law’ Council Minutes, 6 February 1980, p 72 (CIPA Minutes); see also J. Lahore ‘University teaching in intellectual property’ 3 EIPR [1986] pp 67–68; ‘University Foundation’ (1978) The CIPA Journal, 123; G Hargreaves ‘Memories of Herchel Smith’ (2002) The CIPA Journal, pp 219–220; and Langley, n 3 above.

168. R Deazley ‘Commentary on Copinger's law of copyright (1870)’ in L Bently and M Kretschmer (eds) Primary Sources on Copyright (1450–1900), available at

169. C Wadlow ‘New life and vigour at Terrell?’ (2011) 6 Journal of Intellectual Property Law and Practice 833.

170. J Bellido ‘The editorial quest for international copyright (1886–1896)’ (2014) 17 Book History 380.

171. Sherman has also compared successive editions of Copinger on Copyright from 1904 to 1915 to appreciate the impact of codification, see B Sherman ‘What is a copyright work?’ (2011) 12 Theoretical Inquiries in Law 99.