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.
While at the University of Edinburgh, Jane has acted for several years as Programme Director for the Law School’s online LLM in Intellectual Property Law as well as teaching across a range of on-campus and online undergraduate and postgraduate IP courses. She has also acted as Deputy Director of Postgraduate Taught Studies, with particular focus on online learning. She is a co-author of the textbook Contemporary Intellectual Property: Law and Policy (3rd and 4th edns, OUP).
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 enforcement of IP rights, among other topics. Jane’s recent published work has included empirical research into intellectual property enforcement in Scotland funded through CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy, the project involved (see further http://www.create.ac.uk/research-programme/theme-3/wp3c2-copyright-and-civil-enforcement/). She has also written on developments in design law, trade marks and IP remedies, with a particular focus of the impact of European harmonization in these fields.
Jane welcomes proposals for PhDs in any area relating to her expertise and research interests.
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.
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/
Intellectual Property Law 2: Industrial Property (LLM) (Course Organiser)
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'.
Jane Cornwell, 'Injunctions and monetary remedies compared: The English judicial response to the IP Enforcement Directive', (2018), European Intellectual Property Review
Abstract: This article reviews and compares English case law developments on injunctions (including intermediary injunctions) and monetary remedies under the IP Enforcement Directive. Highlighting the divergent judicial response to the IPED across these different remedies, it argues that the cases on monetary remedies suggest particular concern about the disruptive impact of this aspect of the IPED on the wider private law.
Jane Cornwell, 'Between the formal and the informal: ‘Repeat players’, ‘one-shotters’ and case trajectories in intellectual property infringement litigation at the Scottish Court of Session', (2017), Civil Justice Quarterly, Vol 36
Abstract: This article presents findings from new empirical research into intellectual property (‘IP’) infringement litigation at the Court of Session in Scotland, analysing a dataset of Court of Session IP actions created from court files for the seven-year period from 2008 to 2014. The data provides significant new insights into the dynamics of IP infringement litigation over the lifecycle of a court action, highlighting the intersection of ‘formal’ court processes with ‘informal’ out-of-court decision-making and settlement at all stages throughout the litigation process. Examining, among other matters, the relative experiences of ‘repeat players’ and ‘one-shotters’, this article also considers the aptness, or otherwise, of aspects of economic and socio-legal disputing theory in the context of IP infringement disputes.
Jane Cornwell, 'Not such a beautiful game: Tartan Army Limited v Alba Football fans', (2017), Edinburgh Law Review
Jane Cornwell, 'Intellectual property litigation at the court of session: A first empirical investigation', (2017), Edinburgh Law Review, Vol 21, pp 192-216
Abstract: Scotland is said to enjoy an economy rich in intellectual property (“IP”), but reported decisions from the Court of Session in IP matters are rare. This article analyses a new dataset of Court of Session IP actions compiled from court records for the period from 2008 to 2014, alongside a survey and interviews conducted among Scottish legal practitioners working in the field of IP. The research provides insights into the Court of Session's IP caseload, parties and their sectors, the subject matter of claims and remedies sought. This article discusses key themes emerging from the research data against the broader context of civil justice reform and jurisdictional competition between the Scottish, English and other courts.
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, '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, 'Dyson and Samsung Compared: Functionality and Aesthetics in the Design Infringement Analysis', (2013), European Intellectual Property Review, Vol 35, pp 273-86
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.
Jane Cornwell, 'Empirical consideration of enforcement action ' in Charlotte Waelde, Abbe Brown (ed.) Research Handbook on Intellectual Property and the Creative Industries (Edward Elgar, (Cheltenham) 2018) 135-142
Abstract: This chapter examines empirical legal research carried out into the civil enforcement of intellectual property rights by creative industry rightholders. Setting the analysis in context against research into intellectual property enforcement generally, the chapter highlights that there has been relatively little empirical research into civil enforcement relating specifically to the creative industries. The chapter reviews findings from relevant studies from across a number of different jurisdictions. The chapter concludes with reflections on those findings and suggestions for further empirical legal research into intellectual property enforcement in the creative industries in the future.
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