Professor David Bainbridge

David Bainbridge

Emeritus Professor

Aston Law

David worked as a civil engineer in local authorities and civil engineering contractors (design, contract management of construction projects and development of computer software) before embarking on a career in law. Was a senior lecturer in law at Staffordshire University from 1987 to 1990. He was educated at University College, Cardiff (University of Wales); the University of Central England, Birmingham and the Inns of Court School of Law, London.

David is a Chartered IT Professional, Member of the British Computer Society, Barrister of Lincoln's Inn. , Honorary Tenant at Hardwicke Building, Lincoln's Inn.  David also has a Diploma in Traffic Engineering. He joined Aston Business School in 1990.  David was the University Presenter at Student Disciplinary Hearings from 1992 to 2008.

David's publications include numerous books and journal articles in the fields of intellectual property law and information technology law. His main research interests include intellectual property and information technology law. He is particularly interested in the interaction between law and new and emerging technologies.

David's teaching has been wide ranging and he has taught a number of courses including Intellectual Property, Information Technology Law, Criminal Law, Legal Professional and Social Aspects of Computing, E-business and Information Technology Law and, on the postgraduate programme, Law and Ethics of E-commerce.

Away from academia David's hobbies include photography, real ale, fine food and walking, especially in the Malvern Hills.

Research Interests

David is interested in the interaction between technology and law, in particular with respect to intellectual property law and computer law (for example, in respect of the Internet). In these areas, advances in technology are constantly challenging law not only with regard to contemporary legal problems and shortcomings but also in terms of the longer term implications for law. An example of the latter is how law can be developed to provide a satisfactory framework for the encouragement of technological innovation and its commercial exploitation whilst balancing that with the desirability of free competition and wider social issues such as freedom of speech.

The commercial exploitation of intellectual property rights including raising awareness of the importance of intellectual property amongst managers and the lawyers and developing strategies and policies for the improved exploitation of intellectual property. Technology transfer, due diligence, IP audits and the practicalities of assignment and licensing intellectual property rights.

The use of information technology as an aid to the practice and evolution of law. For example, by the use of decision-support and expert systems. Other uses of information technology in the field of law such as databases, spreadsheets and electronic data interchange are also of interest.

Teaching and Other Interests

Apart from teaching on the undergraduate and postgraduate programmes at Aston Business School, David also has extensive experience of presenting professional training courses to solicitors in the areas of intellectual property, data protection law, computer law and software contracts. He has presented numerous courses in-house at prestigious law firms in the City.

David also occasionally undertakes consultancy work on intellectual property and computer law matters. He has also carried out advocacy work in the court in the Patent Office and was advocate for one of the parties in the reported case of Stafford Engineering Services Ltd’s Licence of Right (Copyright) Application [2000] RPC 797

David is on the editorial board of a number of journals, including Information and Communications Technology Law, The Computer law and Security report and the International Journal of Applied Expert Systems. 

Recent Publications

Authored books:

  • Data Protection Law (Welwyn: xpl Publishing, 2nd edition 2005).
  • Intellectual Property (Harlow: Longman, 6th edition, 2006).
  • Introduction to Computer Law (Harlow: Longman, 6th edition, 2007).
  • Legal Protection of Computer Software (Haywards Heath: Tottel, 5th edtion, 2008).

Refereed Journal Articles:

  • “Trademark Infringement, the Internet and Jurisdiction”, 2003 (1) The Journal of Information, Law and Technology (JILT).  (http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2003_1/bainbridge)
  • "Smell, Sound, Colour and Shape Trade Marks: An Unhappy Flirtation?" (2004), Journal of Business Law 243-270.
  • "The Registration as Designs of Computer Icons, Graphical User Interfaces and Webpages", 2006 22(3) Computer Law and Security Report 218-221.
  • "The Court of Appeal parts company with the EPO on Software Patents", 2006 23(2) Computer Law and Security Report 199-204.
  • "Criminal Law tackles Computer Fraud and Abuse", 2006 23(3) Computer Law and Security Report 276-281.

Professional Journal Articles:

  • “Heaven Scent Protection", 2005 Legal Executive, November, 18-19.
  • "The Scent of Change", 2005 IP Review, Issue 9, 12-13.
  • "The Prince, Privacy, Freedom of Expression, Confidence and Copyright", 2006 11(2) Intellectual Property and Information Technology 4-10.
  • "Who needs Registered Designs?", 2006 Intellectual Property and Information Technology Electronic Update No 2, 1-6.

Employable Graduates; Exploitable Research