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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. As well as
setting out the legal framework for the main IP rights - copyright,
patents, designs, trademarks, and related rights - the book
examines the enforcement of IP rights, and the relationship of IP
with the EU's rules on the free movement of goods and competition.
It also addresses the increasingly global exploitation of IP, while
harmonisation remains partial, even at the EU level. This
authoritative reference work is a rigorous and precise account of
these complex and technical fields. It will be an essential
resource for both practitioners and scholars in the field of IP.
Key Features: Significantly updated and expanded since the second
edition Precise and eloquent examination of all IP rights in the EU
Coverage of the interaction between EU, National and International
laws A key reference work for practitioners and academics
Lord Leonard Hoffmann remains one of the most important and
influential English jurists. Born in South Africa, he came to
England as a Rhodes Scholar to study law at the University of
Oxford. After graduating from the Bachelor of Civil Law as Vinerian
Scholar, he was elected Stowell Civil Law Fellow of University
College. There followed an extremely distinguished judicial career,
including 14 years as a member of the Judicial Committee of the
House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned
to the Oxford Law Faculty as a Visiting Professor. In this volume,
current and past colleagues of Lord Hoffmann from the University of
Oxford examine different aspects of his jurisprudence in diverse
areas of private and public law. The contributions are testament to
the clarity and creativity of his judicial and extra-judicial
writings, to his enduring influence and extraordinary intellectual
breadth, and to the respect and affection in which he is held.
European Intellectual Property Law offers a full account of the
main areas of substantive European IP law and a discussion of their
wider context and effect. The amount and reach of European law, and
decision-making in the field of intellectual property has grown
exponentially since the 1960s, making it increasingly difficult to
treat European law as an adjunct to domestic intellectual property
regimes. European Intellectual Property Law responds to this
reality by presenting a clear and detailed account of each of the
main areas of substantive EU intellectual property law, situated in
the context of both the EU legal system and international IP law,
including EU constitutional law, the law of the European Patent
Convention 1973/2000, and private international law. It draws
selectively on examples from domestic IP regimes to illustrate
substantive differences between those regimes and to demonstrate
the impact of European law, and decision-making on EU Member
States. This unique, thoroughly modern approach goes beyond a
discussion of the provisions of European legal instruments to
consider their wider context and effect. European Intellectual
Property Law is the ideal guide for any student wishing to gain a
full and critical understanding of the substantive European law of
intellectual property. Digital formats This second edition is
available for students and institutions to purchase in a variety of
formats. - The e-book offers a mobile experience and convenient
access along with functionality tools, navigation features, and
links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks
The purpose of this book is to explore the key substantive,
methodological, and institutional issues raised by the proposed
unitary EU patent system contained in EU Regulations 1257/2012 and
1260/2012 and the Unified Patent Court Agreement 2013. The
originality of this work lies in its individual contributions and
uniquely broad approach, taking six different (historical,
constitutional, international, competition, institutional and
forward-looking) perspectives on the proposed patent system. This
means that the book offers a multi-authored and all round legal
appraisal of the proposed unitary system from experts in patent
law, EU constitutional law, private international law, and
competition law, as well as leading figures from the worlds of
legal practice, the bench, and the European Patent Office. The
unitary patent system raises issues of foundational importance in
the fields of patent and intellectual property law, EU law and
legal harmonization, which it is the purpose of the book to engage
with. This is a work which will enjoy wide and enduring interest
among academics, policy makers and decision makers/practitioners
working in patent law, intellectual property law, legal
harmonization, and EU law.
We live in an age in which expressive, informational, and
technological subject matter are becoming increasingly important.
Intellectual property is the primary means by which the law seeks
to regulate such subject matter. It aims to promote innovation and
creativity, and in doing so to support solutions to global
environmental and health problems, as well as freedom of expression
and democracy. It also seeks to stimulate economic growth and
competition, accounting for its centrality to EU Internal Market
and international trade and development policies. Additionally, it
is of enormous and increasing importance to business. As a result
there is a substantial and ever-growing interest in intellectual
property law across all spheres of industry and social policy,
including an interest in its legal principles, its social and
normative foundations, and its place and operation in the political
economy. This handbook written by leading academics and
practitioners from the field of intellectual property law, and
suitable for both a specialist legal readership and an intelligent
but non-specialist legal and non-legal readership, provides a
comprehensive account of the following areas: - The foundations of
IP law, including its emergence and development in different
jurisdictions and regions; - The substantive rules and principles
of IP; and - Important issues arising from the existence and
operation of IP in the political economy.
Lord Leonard Hoffmann remains one of the most important and
influential English jurists. Born in South Africa, he came to
England as a Rhodes Scholar to study law at the University of
Oxford. After graduating from the Bachelor of Civil Law as Vinerian
Scholar, he was elected Stowell Civil Law Fellow of University
College. There followed an extremely distinguished judicial career,
including 14 years as a member of the Judicial Committee of the
House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned
to the Oxford Law Faculty as a Visiting Professor. In this volume,
current and past colleagues of Lord Hoffmann from the University of
Oxford examine different aspects of his jurisprudence in diverse
areas of private and public law. The contributions are testament to
the clarity and creativity of his judicial and extra-judicial
writings, to his enduring influence and extraordinary intellectual
breadth, and to the respect and affection in which he is held.
The purpose of this book is to explore the key substantive,
methodological, and institutional issues raised by the proposed
unitary EU patent system contained in EU Regulations 1257/2012 and
1260/2012 and the Unified Patent Court Agreement 2013. The
originality of this work lies in its individual contributions and
uniquely broad approach, taking six different (historical,
constitutional, international, competition, institutional and
forward-looking) perspectives on the proposed patent system. This
means that the book offers a multi-authored and all round legal
appraisal of the proposed unitary system from experts in patent
law, EU constitutional law, private international law, and
competition law, as well as leading figures from the worlds of
legal practice, the bench, and the European Patent Office. The
unitary patent system raises issues of foundational importance in
the fields of patent and intellectual property law, EU law and
legal harmonization, which it is the purpose of the book to engage
with. This is a work which will enjoy wide and enduring interest
among academics, policy makers and decision makers/practitioners
working in patent law, intellectual property law, legal
harmonization, and EU law.
With a particular focus on intellectual property, this work
explores some of the key methodological and institutional issues
affecting the development of European private law. Leading experts
consider seven key topics, furthering understanding of the impact
of Europeanization on the substance and quality of law, the process
of law-making in a Europeanised system, and the requirements for a
truly "European" legal order. The work begins by looking at the
making of European Intellectual Property law, covering models of
European harmonization, the pursuit of harmonization to date, and
the creation of the European intellectual property courts. It goes
on to examine the impact of European IP law, covering the impact of
constitutional rights and values on intellectual property, the
impact of general EU law on intellectual property, the relationship
between European and national courts, and European legal
methodology. Using intellectual property as a case study in private
law Europeanization, the work generate insights of relevance and
application within the fields of intellectual property and private
law generally to help develop a European legal methodology.
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