Lecturer in Intellectual Property Law

Deputy Director of Taught Postgraduate Studies

MA (Cantab), Dip IP (Bristol), solicitor - non-practising (England & Wales, Scotland) - Office hours: Tuesdays 16:30-17:30 (term time only)
View my full research profile

  • Tel: +44 (0)131 650 2012
  • Email: Jane.Cornwell@ed.ac.uk
  • Office hours for current students:
    Fridays, 2:30pm -3:30pm

Biography

Jane Cornwell joined the University of Edinburgh as a lecturer in intellectual property law in October 2010. After graduating from the University of Cambridge, she qualified and practised as a solicitor in the intellectual property team at Linklaters LLP in London. Thereafter she spent several years practising at McGrigors LLP in Scotland, latterly as Director in the Edinburgh litigation team specialising in contentious intellectual property.

Ph.D. supervision interests
Jane welcomes PhD applications relating to any of her fields of research interest.

Current Research Interests

Jane's expertise covers a wide range of IP rights, including trade marks, designs, patents and breach of confidence. Her present teaching and research interests focus on trade marks, designs and remedies for infringement, with a particular interest in the effect of European harmonisation within these areas.

Research Groups

Jane is a member of CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy, leading a work package on copyright and civil enforcement, details of which can be found at this link: http://www.create.ac.uk/research-programme/theme-3/wp3c2-copyright-and-civil-enforcement/

Websites

Ms Jane Corwell's Homepage at Edinburgh Law School

Courses Taught

Intellectual Property Law 2: Industrial Property (LLM) (Course Organiser)

PhD Supervisees

Michael Morris  'Use of the Anti-Counterfeiting Trade Agreement treaty currently under negotiation by the United States, the European Community, Switzerland, Japan, and a small number of other nations to examine two trends in international intellectual property'

Books and Reports

Charlotte Waelde, Abbe Brown, Smita Kheria, Jane Cornwell, Contemporary Intellectual Property: Law and Policy, (Oxford University Press, 2016)
Abstract: Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter.Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.

Graeme Laurie, Charlotte Waelde, Abbe Brown, Smita Kheria, Jane Cornwell, Contemporary Intellectual Property: Law and Policy, (Oxford University Press, 2013)
Abstract: Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law, unrivalled amongst IP textbooks available today. Beyond providing an up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre: Students and lecturers alike can access extensive updates to the key areas of law, as well as pointers on answering the discussion points posed in the text. Also included are two bonus chapters; 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design Protection in the UK'.

Articles

Jane Cornwell, 'Intellectual property litigation at the court of session: A first empirical investigation', (2017), Edinburgh Law Review

Jane Cornwell, 'Under-referred, under-reasoned, under-resourced?: Re-examining EU design law before the Court of Justice and General Court', (2016), Intellectual Property Quarterly, Vol 2016, pp 318-351

Jane Cornwell, 'Dyson and Samsung Compared: Functionality and Aesthetics in the Design Infringement Analysis', (2013), European Intellectual Property Review, Vol 35, pp 273-86

Jane Cornwell, 'BMW v Round & Metal: First UK Decision on the Community Design 'Repair Clause'', (2013), European Intellectual Property Review, Vol 35, pp 548-55

Jane Cornwell, 'Keywords, Case Law and the Court of Justice: The Need for Legislative Intervention in Modernising European Trade Mark Law', (2013), International Review of Law, Computers and Technology, Vol 27, pp 85-103
Abstract: Recent preliminary references to the CJEU on online keyword advertising and registered trade mark infringement have exposed the challenges facing EU registered trade mark law in its response to new technologies. These cases and the challenges they pose provide a timely prism through which to examine the European trade mark law-making process and the role of the CJEU within that process. This article will employ an analysis of the way in which the CJEU has developed certain key new aspects of the law on ‘infringing use’ to explore concerns over the CJEU's role and approach. It will be argued that, driven by policy considerations, the CJEU has acted creatively to develop the law of infringement in ways that cannot be sustained by the TMD and CTMR and which are likely to cause increasing uncertainties going forward. With the European Commission currently considering reform of Trade Marks Directive 2008/95/EC and Community Trade Mark Regulation 207/2009/EC, this paper will argue that there is a need for more comprehensive and forward-looking legislative intervention than has yet been proposed and that such intervention will be essential to restoring balance in the European trade mark law-making process.

Chapters

Burkhard Schafer, Jane Cornwell, 'Law's Fictions, Legal Fictions and Copyright Law ' in Maksymilian Del Mar, William Twining (ed.) Legal Fictions in Theory and Practice (Springer 2015) 175-195