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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. Building upon the
seminal contributions of Rochelle Dreyfuss, an international team
of eminent intellectual property scholars address some of the most
pressing questions surrounding the improvement of intellectual
property law's role in promoting innovation. The book explores
intellectual property's shifting boundaries and balance; its
increasing relation to other global public goods such as public
health; its re-configuration of traditional categories and
concepts; its contradictory and incomplete implementation in
international law; and its changing institutions. While diverse in
subject matter, the individual contributions share the common
premise that intellectual property must continually re-assess its
foundational assumptions, doctrines, policies, and rationales
against evolving political economies, social demands, and
technologies. Thought-provoking and accessible, Improving
Intellectual Property will prove an invaluable resource for
academics, researchers, and students of international intellectual
property law. Its exploration of how intellectual property law
might promote innovation in conjunction with national, regional,
and global policy goals will also be of interest to practitioners
and policymakers.
This follow-up to Graeme B. Dinwoodie and Mark D. Janis's
successful book Trademark Law and Theory examines reform of
trademark law from a number of perspectives and across many
jurisdictions. In so doing, it analyses the most important current
and future issues in the field, both providing normative frameworks
for the development of trademark law and concrete proposals for
reform. This Research Handbook is organized into three thematic
parts discussing different areas of reform: the trademark
registration process; subject matter boundaries and trademark
protectability; and trademark scope and enforcement. Leading
trademark law scholars from across the globe investigate important
topics such as intermediary liability, trademark protection for
product design, conceptions of the hypothetical ''average
consumer'', and trademark depletion and congestion. Scholars and
students of intellectual property law will find the provocative and
insightful thinking in this Research Handbook stimulating and
valuable. The practical suggestions for future reform will also be
of interest to trademark lawyers, policymakers, brand managers and
other marketing professionals.
The rule of lex specialis serves as an interpretative method to
determine which of two contesting norms should be used to govern.
In this book, the lex specialis label is broadly applied to
intellectual property and connects a series of questions: What is
the scope of intellectual property law? What is the relationship
between intellectual property law and general legal principles? To
what extent are intellectual property laws exceptional?Intellectual
property assumes a prominent social and economic role worldwide and
considering the costs and benefits of treating it separately from
general principles of law is a salient area of enquiry. This
thought-provoking book addresses the essence of intellectual
property law and the role of intellectual property within broader
legal institutions. Expert contributors explore lines of enquiry
from a variety of more general perspectives and engage with and
contribute to an area of law that is too significant socially and
commercially to be considered only by specialists. Intellectual
Property and General Legal Principles is a challenging book which
scholars in intellectual property law will find a discerning
contribution to their field. Contributors: A. Brown, I. Calboli, G.
D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini,
B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G.
Otero, C. Waelde, T. Watabe, K. Weatherall
This assembly of writings by scholars, lawyers, and judges on the
law and policy of trademarks and unfair competition presents a rich
offering that ranges across time, place, and perspective. The
challenge of revealing the subject s full scope to the interested
tyro and yet making experts wonder how they had somehow overlooked
this or that critical article is fully met. Professors Dinwoodie
and Janis and their publisher deserve thanks for bringing this
treasure trove within reach of all with an interest in why and how
brands are regulated.' - David Vaver, Osgoode Hall Law School,
Canada and University of Oxford, UKThis comprehensive two-volume
collection of leading articles in trademark and unfair competition
law spans almost a century and three continents, bringing together
the most influential and significant scholarly work in this
exciting field. These essential volumes, with a new and original
introduction by two leading contemporary writers, are organized in
a way that highlights essential concepts and will be invaluable
both for those taking their first steps in the area and for those
seeking to re-acquaint themselves with the classics. 44 articles,
dating from 1925 to 2010 Contributors include: B. Beebe, L. Bently,
R.S. Brown Jr., W. Cornish, R. Dreyfuss, A. Kur, J. Litman, R.
Posner, F. Schechter
This important research Handbook brings together a set of
illuminating works by the field's leading scholars to comprise one
of the broadest and most far-reaching overviews of trademark law
issues. Organized around three areas of inquiry, the book starts by
offering a rich variety of methodological perspectives on trademark
law. Reflecting the multifaceted nature of contemporary trademarks,
contributors have drawn from law and economics, political science,
semiotic theory, and history. The Handbook goes on to survey
trademark law's international landscape, addressing indigenous
cultural property, human rights issues, the free movement of goods,
and the role of substantive harmonization. It concludes with a
series of forward-looking perspectives, which focus on trademark
law's intersection with the laws of advertising and free speech,
copyright law, cyberspace regulation, and design protection.
Discussing critical future issues regarding trademark protection
and its relationship with other social policies, this Handbook will
be of great interest to legal scholars, trademark lawyers and law
students. It will also be of interest to academics in marketing,
business, consumer psychology, and economics
This important research Handbook brings together a set of
illuminating works by the field's leading scholars to comprise one
of the broadest and most far-reaching overviews of trademark law
issues. Organized around three areas of inquiry, the book starts by
offering a rich variety of methodological perspectives on trademark
law. Reflecting the multifaceted nature of contemporary trademarks,
contributors have drawn from law and economics, political science,
semiotic theory, and history. The Handbook goes on to survey
trademark law's international landscape, addressing indigenous
cultural property, human rights issues, the free movement of goods,
and the role of substantive harmonization. It concludes with a
series of forward-looking perspectives, which focus on trademark
law's intersection with the laws of advertising and free speech,
copyright law, cyberspace regulation, and design protection.
Discussing critical future issues regarding trademark protection
and its relationship with other social policies, this Handbook will
be of great interest to legal scholars, trademark lawyers and law
students. It will also be of interest to academics in marketing,
business, consumer psychology, and economics
The diversity of methods used and perspectives displayed in
intellectual property law scholarship is now quite vast. This book
brings together scholars from around the globe to discuss these
methods and provide insights into how they are best used.Methods
and Perspectives in Intellectual Property portrays the multiplicity
of approaches available to a scholar of IP, and demonstrates how
our understanding of intellectual property law is enriched by,
amongst other things, use of historical, comparative and empirical
analysis. The book highlights the emergence of law and economics in
the US as one of the dominant paradigms through which to consider
intellectual property law, but also illustrates how learning may
usefully be imported from other fields, such as law and society,
political economy, and international relations, as well as less
obvious quarters such as ethics and happiness research. Methods and
Perspectives in Intellectual Property will prove valuable for
professors, researchers, policymakers and students in intellectual
property law as well as other related areas. Contributors: A.
Adewopo, M. Barczewski, N. Bruun, I. Calboli, M. Chon, E. Derclaye,
G.B. Dinwoodie, Y.M. Gadallah, C. Geiger, G. Ghidini, A. Griffiths,
P. Johnson, D. Py , A. Rahmatian, M. Senftleben, D. Tan, M.A.
Wilkinson
This book analyses the doctrinal structure and content of secondary
liability rules that hold internet service providers liable for the
conduct of others, including the safe harbours (or immunities) of
which they may take advantage, and the range of remedies that can
be secured against such providers. Many such claims involve
intellectual property infringement, but the treatment extends
beyond that field of law. Because there are few formal
international standards which govern the question of secondary
liability, comprehension of the international landscape requires
treatment of a broad range of national approaches. This book thus
canvasses numerous jurisdictions across several continents, but
presents these comparative studies thematically to highlight
evolving commonalities and trans-border commercial practices that
exist despite the lack of hard international law. The analysis
presented in this book allows exploration not only of contemporary
debates about the appropriate policy levers through which to
regulate intermediaries, but also about the conceptual character of
secondary liability rules.
This book analyses the doctrinal structure and content of secondary
liability rules that hold internet service providers liable for the
conduct of others, including the safe harbours (or immunities) of
which they may take advantage, and the range of remedies that can
be secured against such providers. Many such claims involve
intellectual property infringement, but the treatment extends
beyond that field of law. Because there are few formal
international standards which govern the question of secondary
liability, comprehension of the international landscape requires
treatment of a broad range of national approaches. This book thus
canvasses numerous jurisdictions across several continents, but
presents these comparative studies thematically to highlight
evolving commonalities and trans-border commercial practices that
exist despite the lack of hard international law. The analysis
presented in this book allows exploration not only of contemporary
debates about the appropriate policy levers through which to
regulate intermediaries, but also about the conceptual character of
secondary liability rules.
Building on their well-received casebook, Trademarks and Unfair
Competition: Law and Policy, the authors present Trade Dress and
Design Law, the first student text to offer an integrated treatment
of the forms of intellectual property protection available for
trade dress and designs. This exceptional paperback may be used as
the main text in an advanced course devoted to trade dress and
designs, or may be used as a supplemental text for an advanced
survey course or a variety of other intellectual property courses.
This addition to the exciting Elective Series offers an analysis
and comparison of the protection of trade dress and designs under
numerous intellectual property regimes, including: a detailed
exploration of the protection of trade dress and designs under
trademark and unfair competition laws thorough treatment of design
patent law, an area that is neglected in most student texts on
intellectual property exploration of the application of copyright
protection to pictorial, graphic and sculptural works,
architectural works, and works of visual art, among others coverage
of sui generis design protection regimes integrated discussions of
European and international sources
The nature and content of intellectual property (IP) law, which is
heavily contingent on the state of technology and on social and
market developments, has always been subject to ongoing
transitions. How those transitions are effected and the shape they
take is crucial to the ability of IP to achieve its stated goals
and provide the necessary climate for investment in creativity,
innovation and brand differentiation. Yet the need for change can
run headlong into a desire for coherence. A search for coherence
tests the limits of the concept of "intellectual property," is
imperiled by overlaps between different IP regimes, and calls for a
unifying normative theme. This volume assembles contributors from
across IP and the globe to explore these questions, including
whether coherence is desirable. It should be read by anyone
interested in understanding the conceptual underpinnings of one of
the most important and dynamic areas of the law.
The TRIPS Agreement (Agreement on Trade-Related Aspects of
Intellectual Property Rights), signed on April 15, 1994, introduced
intellectual property protection into the World Trade
Organization's multilateral trading system for the first time, and
it remains the most comprehensive international agreement on
intellectual property to date. A Neofederalist Vision of TRIPS by
Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its
interpretation, its impact on the creative environment, and its
effect on national and international lawmaking. It propounds a
vision of TRIPS as creating a neofederalist regime, one that will
ensure the resilience of the international intellectual property
system in time of rapid change. In this vision, WTO members retain
considerable flexibility to tailor intellectual property law to
their national priorities and to experiment with changes necessary
to meet new technological and social challenges, but agree to
operate within an international framework. This framework, while
less powerful than the central administration of a federal
government, comprises a series of substantive and procedural
commitments that promote the coordination of both the present
intellectual property system as well as future international
intellectual property lawmaking. Part I demonstrates the centrality
of state autonomy throughout the history of international
negotiations over intellectual property. Part II, which looks at
the present, analyzes the decisions of the WTO in intellectual
property cases. It concludes that the WTO has been inattentive to
the benefits of promoting cultural diversity, the values inherent
in intellectual property, the rich fabric of its law and lore, the
necessary balance between producers and users of knowledge goods,
and the relationship between the law and the technological
environment in which it must operate. Looking to the future, Part
III develops a framework for integrating the increasingly
fragmented international system and proposes the recognition of an
international intellectual property acquis, a set of longstanding
principles that have informed, and should continue to inform
intellectual property lawmaking. The acquis would include both
express and latent components of the international regime, put
access-regarding guarantees such as user rights on a par with
proprietary interests and enshrine the fundamental importance of
national autonomy in the international system.
The nature and content of intellectual property (IP) law, which is
heavily contingent on the state of technology and on social and
market developments, has always been subject to ongoing
transitions. How those transitions are effected and the shape they
take is crucial to the ability of IP to achieve its stated goals
and provide the necessary climate for investment in creativity,
innovation and brand differentiation. Yet the need for change can
run headlong into a desire for coherence. A search for coherence
tests the limits of the concept of "intellectual property," is
imperiled by overlaps between different IP regimes, and calls for a
unifying normative theme. This volume assembles contributors from
across IP and the globe to explore these questions, including
whether coherence is desirable. It should be read by anyone
interested in understanding the conceptual underpinnings of one of
the most important and dynamic areas of the law.
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