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Author : Shyamkrishna Balganesh
Publisher : Cambridge University Press
Page : 577 pages
File Size : 50,9 Mb
Release : 2013-09-02
Category : Law
ISBN : 9781107014152
Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.
Author : Shyamkrishna Balganesh
Publisher : Cambridge University Press
Page : 577 pages
File Size : 55,6 Mb
Release : 2013-09-02
Category : Law
ISBN : 9781107470071
In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Author : Catherine Ng,Lionel Bently,Giuseppina D'Agostino
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 43,6 Mb
Release : 2010-08-25
Category : Law
ISBN : 9781847315939
This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Author : Toshiko Takenaka
Publisher : Edward Elgar Publishing
Page : 465 pages
File Size : 52,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857934376
ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
Author : Shyamkrishna Balganesh
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2013
Category : Common law
ISBN : 1107458986
In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Author : David Vaver
Publisher : Taylor & Francis
Page : 440 pages
File Size : 42,9 Mb
Release : 2006
Category : Copyright
ISBN : 0415384591
Author : Tom W. Bell
Publisher : Mercatus Center at George Mason University
Page : 238 pages
File Size : 45,5 Mb
Release : 2014-04-14
Category : Law
ISBN : 9780989219389
A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Author : Patrick Masiyakurima
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 45,7 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781509916986
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.
Author : Canada. Competition Bureau
Publisher : Canadian Government Publishing
Page : 58 pages
File Size : 51,6 Mb
Release : 2000
Category : Intellectual property
ISBN : 066265224X
Author : C.E.F. Rickett,Graeme Austin
Publisher : Hart Publishing
Page : 376 pages
File Size : 49,7 Mb
Release : 2000-09-14
Category : Law
ISBN : UOM:39015049648358
A dozen essays by specialists in property law, revised after their presentation at an international conference in July 1999 in Auckland, Australia examine the theory and practice of intellectual property in countries where the British concept of common law rules. They cover the information society, developments in industrial property, and competition and market regulation. Among the specific topics they take up are database protection and the circuitous route around the US Constitution, patentability in Australia and New Zealand under the Statute of Monopolies, and the case for neutrality in intellectual property and competition policy. Distributed in the US by ISBS. c. Book News Inc.
Author : L.T.C. Harms,World Intellectual Property Organization
Publisher : WIPO
Page : 576 pages
File Size : 53,8 Mb
Release : 2012-12
Category : Law
ISBN : 9789280522495
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Author : Ysolde Gendreau
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 50,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848445024
An Emerging Intellectual Property Paradigm is a definitive guide to the creative, cosmopolitan, cool-headed, and compassionate jurisprudence of Canadian intellectual property law. This volume shows that Canadian intellectual property law is an eclectic blend of British, French, and American legal traditions. After a pattern of resistance and accommodation, the legal system has internalised a variety of foreign influences. This collection explores the unique innovations of Canadian intellectual property law such as its pioneering development of moral rights; the robust Copyright Board of Canada; and the Jean Chretien Pledge to Africa Act. Canadian intellectual property law has much to teach the rest of the world forging a Middle Way between the extremes of intellectual property maximalism and free-for-all piracy and counterfeiting. Matthew Rimmer, The Australian National University College of Law, Australia In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada s intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment. Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.
Author : Shubha Ghosh
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 55,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788978712
This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.
Author : Ng, Catherine
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 45,7 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781800887749
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
Author : William M. Landes,Richard A. Posner
Publisher : American Enterprise Institute
Page : 50 pages
File Size : 54,8 Mb
Release : 2004
Category : Law
ISBN : 0844771767
