Transition And Coherence In Intellectual Property Law
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Transition and Coherence in Intellectual Property Law by Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly Pdf
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
The Structure of Intellectual Property Law by Annette Kur,Vytautas Mizaras Pdf
In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.
Competition and Intellectual Property Law in Ukraine by Heiko Richter Pdf
This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.
European Contract Law and the Digital Single Market by Alberto De Franceschi Pdf
In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.
Seville’s EU Intellectual Property Law and Policy by Justine Pila Pdf
Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.
Improving Intellectual Property by Susy Frankel,Margaret Chon,Graeme B. Dinwoodie,Barbara Lauriat,Jens Schovsbo Pdf
Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.
Concepts of Property in Intellectual Property Law by Helena Howe Pdf
Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
Reforming Intellectual Property by Ghidini, Gustavo,Falce, Valeria Pdf
Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
Research Handbook on Intellectual Property and Artificial Intelligence by Ryan Abbott Pdf
This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.
The Law and Politics of Brexit: Volume V by Federico Fabbrini Pdf
This book provides a comprehensive, interdisciplinary analysis of the Trade & Cooperation Agreement (TCA) between the European Union (EU) and the United Kingdom (UK). It unpacks the complex provisions of the agreement, identifies emerging security challenges, and examines the evolution of EU-UK trade relations as a result of the Windsor Framework.
Sovereignty, Technology and Governance after COVID-19 by Francisco de Abreu Duarte,Francesca Palmiotto Ettorre Pdf
This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.
History of Design and Design Law by Tsukasa Aso,Christoph Rademacher,Jonathan Dobinson Pdf
For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.
EU Trade Mark Law and Product Protection by Lavinia Brancusi Pdf
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.