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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
'A refreshing and thought-provoking addition to IP scholarship,
Booton offers an analysis of the rule-standard tension that lies
within IP law. With its sweep of key issues in copyright, patent
and trade mark laws (and the role played by equity in this area) he
offers a new perspective on familiar material. The book ultimately
explores the hypothesis that rules relate to certainty and securing
claims while standards constrain the scope of rights and facilitate
public access.' - Hazel Carty, University of Manchester, UK Form in
Intellectual Property Law sets out to expose, analyse and evaluate
conflicting conceptions of legal judgement that operate in
intellectual property (IP) law. Its central theme is the opposition
between law-making through creation of general rules and law-making
at the point of application through case-by-case decisions. sing
examples drawn from statutory and common law materials, the book
offers a critical analysis of the factors that influence the form
of legal directions in IP law. Through an exploration of form, the
work provides insights into how the law balances the interests of
rights owners and users and, more broadly, how it serves the public
interest. These insights provide a basis for the evaluation of the
contemporary economic and ethical justifications that are commonly
advanced in support of IP law. This book provides an original
perspective on the significance of form in the law and will appeal
to both academics and advanced students of IP law, as well as those
interested in the law-making process, especially judicial
decision-making and the exercise of judicial discretion.
This Research Handbook explores issues related to the principle of
exhaustion of intellectual property rights. To date, the
application of this principle continues to vary from country to
country, and there is increasing pressure to clarify the extent of
its application both at the national level and in the context of
international trade with respect to parallel imports. Notably, from
the Americas to the European Union, Asia-Pacific, and Africa,
courts and policy makers are asking similar questions: Should
exhaustion apply at the national, regional, or international level?
Should parallel imports be considered lawful imports? Should
copyright, patent, and trademark laws follow the same regime?
Should countries attempt to harmonize their approaches? To what
extent should living matters and self-replicating technologies be
subject to the principle of exhaustion? To what extent have the
rise of digital goods and the 'Internet of things' redefined the
concept of exhaustion in cyberspace? The goal of this book is to
explore these questions. The book also highlights how a one-size
answer may not fit all the current challenges that the courts and
policy makers are facing in this area. This Research Handbook will
be of interest to academics, judges and other practitioners looking
for an in-depth study on the topic, offering both of detailed
analysis of the current state of play, and a discussion of the
challenges that arise on a global scale. Contributors include: F.M.
Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa,
J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C.
Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J.
Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus,
P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A.
Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van
Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X.
Yu
The legal issues surrounding the online distribution of content
have recently gained prominence due to the European Commission's
commitment to the Digital Single Market (DSM). This book is one of
the first to provide highly topical analysis of the key legal
challenges surrounding the online distribution of content, with
particular focus on intellectual property rights, competition law
and the regulation of new technologies. Central to the book is the
question of whether the Commission's proposed legislative solutions
will lead to a more coherent, or more fragmented, legal framework
at both EU and member state level. Experts within the field assess
how current legislation can be effectively applied and look ahead
to examine how potential issues raised by emerging technologies,
and the need to develop the online content market beyond the DSM
proposal, can be anticipated and addressed. Providing a
well-rounded view of the subject, this book will be of interest to
scholars working within copyright, competition, and consumer law as
well as those researching the development of the internal market
more widely. Practising lawyers and in-house counsel who work on
licensing and distribution agreements within Europe will also
benefit from the analysis of new DSM legislation and associated
case studies. Contributors include: A. Alen-Savikko, R.M.
Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe,
T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M.
Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem
Lindroos
Irene Calboli and Jacques de Werra have put together a
comprehensive look at trademark transactions throughout the world.
Essential reading for specialists in international trademark law
and for anyone who wants to understand more about laws other than
their own.' - Mark A. Lemley, William H. Neukom Professor, Stanford
Law School, US'Commercial transactions involving trademarks,
especially across borders, have received scant in-depth attention
in law literature. With insights from the emerging markets of
Brazil, China and India to the EU and USA via Australia and Japan,
this book deals with the multifarious aspects. The reader will
finish it not only with their knowledge greatly enhanced but
convinced that, at least in this field, the world most certainly is
not flat.' - David Llewelyn, Singapore Management University and
King's College London, UK 'An incisive, must-have book for every
practitioner or scholar who is serious about trademark
transactions. The key areas of this crucial subject are
compellingly unpacked by famous authors from around the globe in a
user-friendly format. Outstanding scholarship and presentation.' -
Frederick Mostert, University of Oxford, UK and Past President of
the International Trademark Association The Law and Practice of
Trademark Transactions is a comprehensive analysis of the law
governing trademark transactions in a variety of legal and business
contexts, and from a range of jurisdictional and cross-border
perspectives. After mapping out the international legal framework
applicable to trademark transactions, the book provides an analysis
of important strategic considerations, including: tax strategies;
valuation; portfolio splitting; registration of security interests;
choice-of-law clauses; trademark coexistence agreements, and
dispute resolution mechanisms. Key features include: - A
comprehensive overview of legal and policy-related issues - A blend
of approaches underpinning strategic considerations with analytical
rigour - Regional coverage of the key characteristics of trademark
transactions in a range of jurisdictions - Authorship from renowned
trademark experts Practitioners advising trademark owners,
including trademark attorneys, will find this book to be an
invaluable resource for their practice, particularly where
cross-border issues arise. It will also be a key reference point
for scholars working in the field. Contributors: L. Anderson, N.
Binctin, G. Buhler, R. Burrell, I. Calboli, C. Czychowski, L. Dal
Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo,
M. Handler, M. Hoepperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F.
Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S.
Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo
In an increasingly globalised world, place and provenance matter
like never before. The law relating to Geographical Indications
(GIs) regulates designations which signal this provenance. While
Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are
familiar designations, the relevant legal regimes have existed at
the margins for over a century. In recent years, a critical mass of
scholarship has emerged and this book celebrates its coming of age.
Its objective is to facilitate an interdisciplinary conversation,
by providing sure-footed guidance across contested terrain as well
as enabling future avenues of enquiry to emerge.The distinctive
feature of this volume is that it reflects a multi-disciplinary
conversation between legal scholars, policy makers, legal
practitioners, historians, geographers, sociologists, economists
and anthropologists. Experienced contributors from across these
domains have thematically explored: (1) the history and conceptual
underpinnings of the GI as a legal category; (2) the effectiveness
of international protection regimes; (3) the practical operation of
domestic protection systems; and (4) long-unresolved as well as
emerging critical issues. Specific topics include a detailed
interrogation of the history and functions of terroir; the present
state as well as future potential of international GI protection,
including the Lisbon Agreement, 2015; conflicts between trade marks
and GIs; the potential for GIs to contribute to rural or
territorial development as well as sustain traditional or
Indigenous knowledge; and the vexed question of generic use. This
book is therefore intended for all those with an interest in GIs
across a range of disciplinary backgrounds. Students, scholars,
policy makers and practitioners will find this Handbook to be an
invaluable resource. Contributors include: E. Barham, D. Barjolle,
L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M.
Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P.
Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A.
Taubman, L. Wiseman, H. Zheng
Engaging and innovative, User Generated Law offers a new
perspective on the study of intellectual property law. Shifting
research away from the study of statutory law, contributions from
leading scholars explore why and how self-regulation of
intellectual property rights in a knowledge society emerges and
develops. Analyzing examples of self-regulation in the intellectual
property law-based industries such as collective management of
copyrights and patent rights, open source licenses, domain name law
and enforcement of intellectual property rights, this book
evaluates to what extent user generated law is an accurate model
for explaining and understanding this process. It also considers
its interaction with the framework conditions of the statutory law
upon which it is built and the subsequent redefinition of legal
positions for affected parties. With its original stance on
understanding and construing intellectual property law, User
Generated Law will appeal to students and scholars studying in this
area as well as in legal governance and legal theory. Its
evaluative approach also lends itself to policy makers and
practitioners. Contributors include: O. Kokoulina, B. Lundqvist,
M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad,
J. Schovsbo, S.F. Schwemer, H. Udsen, E. van Zimmeren
This volume thoroughly covers and systematically displays the three
main areas of intellectual property law - patents, trade marks and
copyright - without leaving other rights of the intellectual
property family aside, as it also explores geographical
indications, industrial designs, trade secrets and databases. The
book offers a full and complete picture of European intellectual
property law, discussing the treatment of intrinsic issues on
harmonization, transborder disputes, collectiveness and
individualization in the different fields of intellectual property
law. With an original introduction by the editor, this book has
been carefully designed to offer law students as well as
practitioners a valuable instrument to understand contemporary
intellectual property law within the EU.
This research review, made possible by the recent convergence of
intellectual property and private international law as critical
disciplines, explores the most important papers on these now linked
subjects. More and more issues of private international law arise
in the area of intellectual property, and the articles selected
chart the route that both disciplines have covered together,
discussing both bridges built and 'dead-ends' reached. Looking
forward also to the future of the subject, Professor Paul
Torremans' Intellectual Property and Private International Law will
prove to be an essential research tool for all students, academics
and practitioners working in this fast-developing area.
'This is the best industry-focussed legal textbook I've seen. Rosie
covers a lot of ground and navigates complex areas of law in plain
English. The book is accessible, well-structured and highly
relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A
refreshingly insightful overview of the legal challenges and
opportunities facing fashion businesses operating today in Europe.
It condenses vast realms of information into digestible and
practical summaries, all written in a modern and commercial voice
that enthuses passion for this fabulous industry.' - Head of Legal,
Online Fashion Business, UK European Fashion Law: A Practical Guide
from Start-up to Global Success provides an accessible guide to the
legal issues associated with running a fashion business in Europe.
This concise book follows the lifecycle of a fashion business from
protecting initial designs through to global expansion. Readers
will benefit from: The logical and easy-to-follow structure which
highlights relevant legal considerations at each stage in the
development of a fashion business First-hand, practical guidance on
commercial issues associated with the fashion industry, including:
how to avoid costly legal disputes, launching a website and working
with third parties Advice on how to protect a company's
intellectual property at each stage of business development: from
registering designs to combating counterfeits A concise overview of
relevant EU legislation and case law as it applies in practice.
This inherently practical book will be a helpful go-to guide for
those running a fashion business and for their in-house legal
teams. For lawyers in practice the book will be useful point of
reference when advising fashion and retail clients. For students of
fashion, design, retail, or intellectual property, this book will
provide a practical grounding to accompany academic studies.
This fully updated book offers a compact and accessible account of
EU intellectual property law and policy. The digital age brings
many opportunities, but also presents continuing challenges to IP
law as the EU's programme of harmonisation unfolds. As well as
addressing the main IP rights (copyright, patents, designs, trade
marks and related rights), the book also considers IP's
relationship with the EU's rules on free movement of goods and
competition, as well as examining the enforcement of IP rights.
Taking account of numerous changes, this timely second edition
covers the substantive provisions and procedures which apply
throughout the EU, making extensive reference to the case law. The
author considers how the exploitation of intellectual property is
increasingly global; harmonisation, in contrast, is only partial,
even at the EU level. In response, the book sets EU IP law in its
wider international context. It also seeks to highlight policy
issues and arguments of relevance to the EU, in its relations both
within the Union and with the rest of the world. Designed as a
compact and approachable account of these difficult and technical
areas, and with advice on further reading and research, this unique
book is useful both as a work of reference and for more general
study. It is essential reading for postgraduate students, academic
researchers and legal practitioners alike.
This second edition has been completely rewritten to reflect recent
changes and new trends that have emerged since the popular first
edition was published. Copyright law has become a fast moving area,
which is reflected in the wealth and diversity of research. This
comprehensive Research Handbook is situated at the cutting edge of
current copyright research, with each chapter written by a leading
author in that particular field. The Research Handbook begins with
an examination of fundamental questions such as the historical
foundations of copyright, the basic concept of originality and the
significant discussion on communication to the public. The
contributors then focus on moral rights and the artist resale
right. In-depth treatment of specialist topics is provided,
including copyright contracts, collective management, issues
surrounding streaming and sampling, cultural heritage, orphan
works, search engines and the potential for a public policy
exclusion. The Research Handbook provides global coverage while
also considering specific jurisdictions and private international
law. The Research Handbook on Copyright Law is a rich research tool
that reflects the wealth and diversity of the ongoing research in
copyright. It is essential reading for students and researchers in
copyright and intellectual property law, as well as practitioners
and policymakers. Contributors include: P.C. Aguila, F. Brison, S.
Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J.
Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi,
S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A.
Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees,
C. Waelde
The regulation and flow of information continues to have a critical
impact upon how people live their lives and the way society
functions. In recent times, disinformation and privacy violation
have become the 'information pollution' of the 21st century. This
book explores ways and means of protecting the 'information
environment' by drawing upon four theories of contemporary
environmentalism: welfare economics, the commons, ecology, and
public choice theory. Welfare economics highlights the need to
focus on costs (as well as benefits) when evaluating regulatory
structures. The commons encourages queries about the validity of
propertisation. Ecology speaks to the importance of diversity and
resilience. And public choice theory hazards against the regulatory
effect of concentrated interests. The lessons from each inspire the
proposed information environmental governance framework. By neatly
capturing the metaphorical relationship between the physical
environment and the information environment, Robert Cunningham
explores progressive regulatory pathways for the digital age. This
book will be a thought-provoking read for scholars and students
with an interest in intellectual property or the regulation of
information.
This timely and practical guide compares the jurisdictional
advantages of litigating a national IP right with those of the
corresponding European unitary IP right. The study offers IP
practitioners a meticulous yet principled basis for their
jurisdictional decisions and shows why it is advantageous for
infringers to litigate based on a national IP right and
rightholders to litigate based on a European unitary IP right. Key
features include: the first book to focus on jurisdiction
strategies in intellectual property litigation coverage of
intellectual property and private international law analysis of the
latest case law of national courts and the European Court of
Justice including, Case C-523/10, Wintersteiger and Case C-360/12,
Coty Prestige helpful diagrams and tables providing easy access to
key information and decision points a state-of-the-art overview of
the relevant legal framework, including the Unified Patent Court
Jurisdiction and the new European Union Trademark Regulation.
Intellectual Property Jurisdiction Strategies is an essential
resource for intellectual property practitioners throughout the EU.
It will also appeal to advanced students and academics needing an
up-to-date reference for research into intellectual property law
and policy.
The first part of this open access book sets out to re-examine some
basic principles of trade negotiation, such as choosing the right
representatives to negotiate and enhancing transparency as a cure
to the public's distrust against trade talks. Moreover, it analyses
how the Comprehensive and Progressive Agreement for the
Trans-Pacific Partnership (CPTPP) might impact on the Regional
Comprehensive Economic Partnership's (RCEP) IP chapter and examines
the possible norm setters of Asian IP. It then focuses on the
People's Republic of China's (PRC) trade and IP strategy against
the backdrop of the power games between the PRC, India and the US.
The second part of the book reflects on issues related to
investor-state dispute settlement and its relationship with IP,
such as how to re-calibrate the balance in international investment
arbitration, and whether compulsory license of IP constitutes
expropriation in India, the PRC and select ASEAN countries. The
third part of the book questions and strives to improve some of the
proposed IP provisions of CPTPP and RCEP and to redefine some
aspects of international IP norms, such as: pre-grant patent
opposition and experimental use exception; patent term extension;
patent linkage and data exclusivity for the pharmaceutical sector;
plant variety protection; pre-established damages for copyright
infringement; and the restructuring of copyright limitations in the
public interest. The open access edition of this book is available
under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com.
Open access was funded by the Applied Research Centre for
Intellectual Assets and the Law in Asia, School of Law, Singapore
Management University.
Patent holders are increasingly making voluntary, public
commitments to limit the enforcement and other exploitation of
their patents. The best-known form of patent pledge is the
so-called FRAND commitment, in which a patent holder commits to
license patents to manufacturers of standardized products on terms
that are ''fair, reasonable and non-discriminatory.'' Patent
pledges have also been appearing in fields well beyond technical
standard-setting, including open source software, green technology
and the biosciences. This book explores the motivations, legal
characteristics and policy goals of these increasingly popular
private ordering tools. Jorge Contreras and Meredith Jacob bring
together work by more than a dozen international experts who
examine the phenomenon of patent pledges from a variety of
perspectives and analytical frameworks. The book assesses patent
pledges as mechanisms for facilitating platform promotion, open
innovation, economic development and environmental sustainability.
Legal practitioners who are involved in intellectual property
licensing, litigation and business transactions will find this book
a key resource, as will in-house lawyers and managers at firms
engaged in technology development and standardization. It will also
be a key reference for scholars in law, economics, business and
political science. Contributors include: C. Asay, B. Awad, M.
Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y.
Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J.
Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R.
Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston,
S.-S. Yi
Constructing European Intellectual Property offers a comprehensive
assessment of the current state of intellectual property
legislation in Europe and gives direction on how an improved system
might be achieved. This detailed study presents various
perspectives on what further actions are necessary to provide the
circumstances and tools for the construction of a truly balanced
European intellectual property system. The book takes as its
starting point that the ultimate aim of such a system should be to
ensure sustainable and innovation-based economic growth while
enhancing free circulation of ideas and cultural expressions. Being
the first in the European Intellectual Property Institutes Network
(EIPIN) series, this book lays down some concrete foundations for a
deeper understanding of European intellectual property law and its
complex interplay with other fields of jurisprudence as well as its
impact on a broad array of spheres of social interaction. In so
doing, it provides a well needed platform for further research.
Academics, policymakers, lawyers and many others concerned with
establishment of a regulatory framework for intangibles in the EU
will benefit from the extensive and thoughtful discussion presented
in this work. Contributors: C. Archambeau, R. D'Erme, E. Derclaye,
T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H.
Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A.
Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L.
McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J.
Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen,
T. Takenaka, G. Van Overwalle, M. Vivant
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