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Ip and Other Things, a Collection of Essays and Speeches by Robin Jacob. Oxford: Hart Publishing Ltd, 2015, 536 pp (£65.00 hardback). Isbn: 978-1-84-946595-3

Published online by Cambridge University Press:  02 January 2018

Jose Bellido*
Affiliation:
University of Kent

Abstract

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Type
Book Review
Copyright
Copyright © Society of Legal Scholars 2017

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References

1. PBA Munnik ‘Interview with Sir Robin Jacob’ Ius & Vita, 19 April 2015.

2. Jacob, R IP and Other Things A Collection of Essays and Speeches (Oxford: Hart Publishing, 2015) at v.Google Scholar

3. The ‘Patent Bar Association’ was officially named so in the early 1970s. In 1992, it was renamed the ‘Intellectual Property Bar Association’ precisely when Robin Jacob, QC was the chairman; see ‘Minutes, 5 November 1992’, Intellectual Property Bar Association Archives.

4. Alexander, G After Court Hours (London: Butterworth & Co., 1950) pp 44–50 Google Scholar; Right Hon. Viscount Alverstone Recollections of Bar and Bench (London: Edward Arnold, 1914); Fletcher Moulton, H. The Life of Lord Moulton (London: Nisbet, 1922)Google Scholar.

5. Similarly, Blanco White QC shared his reminiscences of the profession in TA Blanco White ‘Fifty years in patent’ [1987] EIPR 311.

6. ‘In part this an essay of personal reminiscence and in part a commentary on some bits of the law’ in Jacob, above n 2, 163.

7. Jacob, above n 2, pp 50, 85, 96, 99–119, 446; 477, 481. Jacob's appeal to his experience at Bar and Bench as a way to justify and develop his arguments is evidenced in many essays; see, for example, pp 86, 139, 178, 181, 233 [‘I begin by qualifying myself to speak. From the late ‘60s a significant part of my work has involved the pharmaceutical industry: first when I was a barrister and from 1993 as a judge’].

8. L Bently ‘What is Intellectual Property?’ (2012) 71 CLJ 501.

9. Jacob, above n 2, at v.

10. Jacob, above n 2, pp 412–414 [‘parody and copyright’].

11. Jacob, above n 2, pp 51–52 [‘My Opinion’], 82 [‘I stand by this’], 88 [‘I am now quite satisfied that this paragraph was completely wrong’], 126 [‘I don't think I was entirely wrong about the Myriad patents’], 212 [‘I am sure that I was wrong in thinking that economists could help, see Chapter 8. Things did not look up’].

12. Jacob, above n 2, pp 144, 99–119.

13. Jacob, above n 2, p 480. In the late 1990s, Jacob described Laddie as ‘his brother judge’ [p 148].

14. David Vaver completes Laddie's biographical entry with a reference to Jacob, see Vaver, DLaddie, Sir Hugh Ian Lang (1946–2008)’ in Goodman, L (ed) Oxford Dictionary of National Biography, 2005-2008 (Oxford: Oxford University Press, 2013) pp 666–668 Google Scholar.

15. Jacob, above n 2, p 164, 421, 481.

16. See, for instance, White, TA Blanco and Jacob, R Kerly's Law of Trade Marks and Trade Names (London: Sweet & Maxwell, 1972)Google Scholar; White, TA Blanco, Jeffs, J, Jacob, R, Cornish, WR, Vitoria, M, Encyclopaedia of UK and European Patent Law (London: Sweet & Maxwell, 1977)Google Scholar; Walton, A and Laddie, H, Patent Law of Europe and the United Kingdom (London: Butterworth, 1978)Google Scholar; Laddie, H, Prescott, P, and Vitoria, M The Modern Law of Copyright and Designs (London: Butterworths, 1980)Google Scholar.

17. Interestingly, Jacob considers that ‘giving them [patents, designs, trade marks and copyright] a common name has hindered rational thought’ in Jacob, above n 2, p 101.

18. For instance, see H Laddie, ‘Copyright: over-strength, over-regulated, over-rated?’ (1996) EIPR 253; R Jacob ‘Industrial property – Industry's enemy?’ (1997) IPQ 3 [also included in Jacob n 2, pp198–212]. See also H Laddie ‘The insatiable appetite for intellectual property rights’ (2008) 61 Current Legal Problems 401 and R Jacob ‘IP Law: Keep Calm and Carry On?’ (2013) 66 (1) Current Legal Problems 379 [also included here in Jacob n 2 pp 99–119].

19. Jacob, above n 2, pp 95–96, 159,; 376 [L'Oréal v Bellure [2010] EWCA Civ 535], 384 [Wombles Ltd v Wombles Skips Ltd [1977] RPC 99], 391 [Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873], 423 [Interlego v Tyco [1989] AC 217].

20. ‘But I have spent all my life working to a brief. Argue for this, or for that at the bar, decide the answer to this or that case as a judge’ in Jacob, above n 2, p 415.

21. Jacob, above n 2, pp 43–52, 277 [‘expert witness’], 142 [‘experts and discovery’], 143, 274–275, 460 [‘legal costs’], 150 [locus standi].

22. Jacob, above n 2, pp 326–334 [‘patent litigation’], p 341 [‘the challenge for Europe is to produce a really good litigation system for patents’].

23. Jacob, above n 2, pp 60–61, 150, 384.

24. ‘All attention should move away from attacks on the principle behind patent law, and concentrate on improving its machinery’ in Jacob, above n 2, p 269.

25. Jacob, above n 2, pp 20, 107, 165, 342, 438–440, 474.

26. Jacob, above n 2, p 387. Quite tellingly, Jacob highlights a specific debate that consisted of ‘articles and counter-articles’ between an academic and a barrister in the European Intellectual Property Review; see Jacob, above n 2, pp 209–210.

27. Jacob, above n 2, pp 85–86, 130 [‘rights’], 152; 163–164 [‘remedies’], 198 [‘The general area of law now called ‘intellectual property’ is in the main a law conferring private rights on one party to prevent competition from others’].

28. Jacob, above n 2, p 84.

29. Jacob, above n 2, pp 198 [‘Industrial property – industry's enemy?’]; 327 [‘Patent litigation: Why everyone gets it wrong and what should we do?’]; 335 [‘The community patent or a European Patent Court? Is it time to choose?’].

30. Jacob, above n 2, p 101.

31. See, for instance, L Bently and B Sherman ‘Great Britain and the Signing of the Berne Convention in 1886’ (2001) Journal of the Copyright Society of the USA 311–340.

32. M Biagioli, P Jaszi and M Woodmansee (eds) Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective (Chicago, IL: University of Chicago Press, 2011) p 9.

33. Jacob, above n 2, pp 435–452.

34. Particularly moving is the piece on Cyril Glasser in Jacob, above n 2, pp 492–493.

35. Jacob, above n 2, pp 13–20, 55, 473, 477–478.

36. Jacob, above n 2, pp 28–29.

37. Jacob, above n 2, p 487.