Intellectual property scholars often argue that a European Copyright Code is unnecessary, undesirable, and perhaps impossible. It is certainly true that drafting rules for the European copyright law of the future is a sensitive and risky task. However, the intersection between the present and the future, the delicate point where it is felt that one era is fading away and a new dawn is breaking, has arrived for European copyright law; and moreover, the Lisbon Treaty has provided an explicit legal basis for an EU copyright policy. At this moment, all views, interests, concerns, and expectations should be weighed in order to establish the next step forward from this critical stage. Such a wide-ranging evaluation was the objective of an international conference held in Nicosia, Cyprus, in April 2011. This book reprints the papers presented at that conference, touching on such issues as the following: rules of copyright ownership and allocation of rights; codification techniques; copyright exceptions and limitations; copyright as a public interest question; claims of culture and human rights; economic rights of the author; enforcement of copyright; EU harmonization of copyright; interoperability; media as tangible objects; moral rights; the duration of copyright; the notion of the "public"; the role of fundamental rights; the concept of work; employment relationships, commission contracts, and collective works; copyright licensing; and the concept of "fair use". Several authors offer insightful comments on the ways in which the Wittem Group's draft European Copyright Code propounds some of these issues. Recognizing that the existing steps towards harmonized copyright protection in Europe have gone little farther than a patchwork of eight directives and a set of case law interpretation rules, the authors take important steps towards decrypting the gaps and inconsistencies in the existing common legal framework. In their reexamination of the sources and justifications of copyright law and its crucial role in balancing the right to information with requirements of data protection and privacy, they have created in this book an in-depth resource for forward-looking policymakers, academics, and practitioners in the field of copyright law throughout the European Union.

This volume provides thorough coverage of some troublesome and seldom clarified issues that affect scholars who deal with nonprint media. When is it legitimate in teaching or publishing to "quote" a visual image from television, film or printed graphics? To quote the lines from a musical lyric? Why has the long tradition of fair use for printed material, which sanctions quoting without permission, been so slow in its extension to other media? How can scholars and publishers prudently behave in an area where media corporations are uncooperative or belligerent in dealing with requests to document arguments through the inclusion of copyrighted materials? This book offers a forum where scholars, lawyers, archivists, and federal administrators of copyright law express informed viewpoints about these issues.

Intended for both business people and legal practitioners, this book offers a practical conceptual framework for the analysis and implementation of cross-border technology transactions, as well as alerting potential parties to technology transfers to the salient issues they should systematically confront and resolve as they seek to structure and implement their transaction. Particular attention is devoted to the identification of traps in the path of successful international-technology transfer. The term "technology" is used in the book in its broadest possible sense, including what in some countries is referred to as "industrial property" and encompassing all legal categories of intellectual property, such as copyrights, trademarks, patents, know-how and trade secrets. The book applies an interdisciplinary approach to a complex and interdisciplinary subject and seeks to harmonize the frequently divergent perspectives that business people and lawyers bring to technology transactions. The topics covered include intellectual-property regimes and how to safeguard one's proprietary rights in technology; contractual provisions; tax structures and tax implications of technology-transfer transactions; and conflicts of law, choice of law and dispute resolution in the international technology-transfer context.

How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and "look and feel". Galler's book is a succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.

Comprehensive and up-to-date, this collection of contributions on EU copyright law signals the emergence of a truly European body of legal commentary on copyright law. The authors, many of them very distinguished, hail from 9 different Member States. As a result, the book contains a wealth of references not only to EU authorities but also to national laws and decisions. Moreover, in addition to covering general principles of European copyright, and analyzing each copyright Directive, the book examines future prospects for copyright in the EU.' - Jane Ginsburg, Columbia Law School, USThis authoritative reference work presents comprehensive article-by-article commentary on each of the EU Directives in the field of copyright, as well as analysis of the underlying basic concepts and principles such as free movement and non-discrimination. Published as part of the Elgar Commentaries series, this unique book describes and analyses each EU directive in turn, taking into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. With a clear structure allowing readers to navigate quickly to a specific point, the book not only sets out the law, but boldly discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioners and policymakers in copyright law and comparative law. Contributors: G. Davies, E. Derclaye, B. Farrand, A. Firth, M.M. Frabboni, J. Gaster, C. Geiger, J. Griffiths, L. Guibault, M.-C. Janssens, N. Klass, A. Lucas-Schloetter, G. Minero, S. Nerisson, J. Rosen, H. Rupp, C. Sappa, F. Schoenherr, I. Stamatoudi, A. Strowel, U. Suthersanen, P. Torremans, B. Ubertazzi, O. Vrins

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

This work, perhaps for the first time, provides a description of the great variety of proposals at EEC level for the reform and harmonisation of intellectual property law. It addresses patents, copyright and neighbouring rights, trade marks, biotechnology, semiconductor chips, topography right, industrial designs and plant breeders' rights. Save as required for the purpose of shedding light on the EEC proposals, it does not attempt to examine member states' national laws. In the case of industrial designs, where no harmonisation has yet been proposed, a very brief survey of national jurisdictions is presented. There is a useful appendix of documents, a bibliography and index. This practical handbook will prove invaluable to practitioners, both in the IP field and non-specialists, seeking up-to-date information on European developments, including solicitors, barristers, patent agents and trade mark agents in private practice, commerce and industry throughout the EEC and in Member States' major trading partners.

To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.' - Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!' - Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China. Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. Zhou

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies' collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

Although copyright enforcement has always been a controversial issue, it took the advent of the Internet to raise a fundamental challenge to its very raison d'etre. Legislative activity in this area during recent years clearly demonstrates the extent to which enforcement has been brought to the forefront of attention, as owners of copyrights find themselves trying to supersede the limitations of law in order to respond effectively to the reproductive power of new technologies. This timely collection of essays by European and international authorities in the field of copyright law presents a variety of valuable perspectives on the multitude of issues arising in respect of copyright enforcement on the Internet, including the following: − the collection of evidence for allegation of infringement; − identifying the infringer; − jurisdiction and the recognition and enforcement of judgments; − liability of Internet service providers; − balancing copyright, data protection, and privacy; − considerations of social policy and human rights; − cost and efficiency of data availability on the Internet; − exchanges of information and mutual assistance among enforcement authorities; − criminal liability on the Internet; − combating piracy in the digital environment; and − prospects for a common regulatory framework. Most of the existing European Union and international policies are considered in some depth, and the authors also discuss a variety of national laws and initiatives, technical measures, and the soft law and hard law models that have been proposed. In the years to come, as more and more lawyers are confronted with issues involving copyright inforcement on the Internet, this book's value as a springboard to the informed future development of this area of legal theory and practice will become more evident. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, it is sure to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.parts of the world.

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

INTRODUCTION George Bernard Shaw wrote - 'when a stupid man is doing something he is ashamed 1 of, he always declares that it is his duty. ' Years earlier La Rochefoucauld noted, 'hypocrisy is the homage vice pays to virtue. ' But whether stupid or wise, men are not just hypocritical; they are often honestly unsure where their duty lies. This is one of the main reasons for the creation of rules and exceptions to these rules. This book looks at the law of copyright, exceptions to copyright, which apply to Higher Education Institutions (hereinafter HEIs) and the position of the academic author in relation to the reward or incentive system. As such, the book further considers whether academic authors within HEIs are fairly remunerated for their academic contri- tions by the system of copyright collecting societies; and if not, whether alternative models exist to remunerate the academic author fairly. 2 HEIs include universities and other institutions such as colleges and vocational institutions, which award academic degrees including diplomas. This book will focus solely on the university sector of HEIs in the UK. In exploring the two broad subject areas of HEIs and Copyright Collecting Societies, a large variety of issues can be isolated for specific consideration.

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of products, rules and regulations about these products. Where existing research in the field has tended to focus on potential social harm, Koepsell takes a different approach by looking at ways in which developments in distributed design and fabrication can be harnessed to enable wealth creation by those with good ideas but no access to capital. He argues that the key challenge facing us is the error implicit in current intellectual property regimes and presents new modes of relating inventors to artifacts in this new context. In conclusion he offers contractual models which he believes encourage innovation in nano-media by embracing open source and alternative means of protection for innovators.

It is not unusual in corporate litigation for the outcome of a case to hinge on the discovery in court of electronically-stored information (ESI). Yet in most jurisdictions (notably among EU Member States) the withholding of such information is required by privacy laws or even laws specifically blocking the transfer of data for discoverypurposes. Companies that ignore such laws may face severe sanctions. In the United States, however, discovery of ESI is often compulsory, and failure to comply can lead to contempt of court and losing the case. This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative cost of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationale of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained. Specific jurisdictions covered include Austria, Belgium, Bulgaria, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malaysia, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Taiwan and United Kingdom. Given the huge growth in ESI among multinational companies over the last decade, this book answers a need that is gaining ever more prominence in international business. As such it is sure to be welcomed by litigators, in-house counsel, and corporate executives as an essential tool in this increasingly significant area of legal practice.

The comprehensive research review discusses some of the most important and influential articles published on the history of intellectual property. The seminal works encompass a broad variety of specific legal fields, periods and methodological perspectives. It focuses on the three main subfields of intellectual property: patent, copyright and trademark law. This important research review will be of a great interest to legal historians, economic historians and anyone interested in intellectual property and its history.

Intellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective. This Research Handbook is written in an accessible style that will appeal to intellectual property law scholars, practitioners and experts in the life sciences who are interested in the legal implications of IP for the life sciences. Contributors include: J. Allred, T. Avafia, C. Chiarolla, D. Degen, J.M. Golden, S. Gosh, M. Graf, J. Harrington, A. Heinemann, M.D. Janis, M. Kock, D. Matthews, C.R. McManis, A. Metzger, T. Minssen, C. Mund, P. Paranagua, A. Plomer, S. Ragavan, M. Rimmer, C. Seitz, T. Takenaka, G. Van Overwalle, D. Wachter, G. Wurtenberger, Z. Xinfeng, B. Yagi, B. Yao, H. Zech

This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.' - Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' - Beebe Barton, New York University School of Law, US 'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' - Peter Drahos, Australian National University and Queen Mary University of London, UK Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence. The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property. Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law. Contributors include: A. Abdel-Latif, T. Aplin, C. Avila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. Yu

Dr. Holzmann introduces the manager and technologist as well as the student and the foreign patent practitioner to the United States Law of Patent Infringement. Dr. Holzmann directly addresses what to do when a patent is being infringed. The author explains and interprets the intricacies of the patent law and provides a strong basis of understanding future changes in patent law. This valuable volume should appeal to academics and students of law, attorneys specializing in corporate law, patent attorneys, CEOs in technical firms, and CEOs of foreign corporations.

This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear 'misleading' rather than 'leading', and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions - all profoundly interesting, and to which no definite answers have yet been found - arising in the course of the analysis are the following: * Who should be master over the reputation, esteem and legacy of authors and their works - authors and their heirs, or subsequent copyright owners? * What, if any, protection should be granted to achievements in the absence of confusion? * Should prevention of unfair competition allow one to 'reap what one has not sown'? * Should we protect commercial investment beyond the scope of defined intellectual property rights? * Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? * What kinds of monopolies should be protected, if any? * Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? * Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? * Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? * Should the rules developed for the enforcement of property rights limit a patentee's remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.