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This significantly revised and updated second edition builds upon
the authoritative foundations of the first edition. It addresses
the rapid development of EU copyright law in relation to the
advancement of new technologies, the need for a borderless digital
market and the considerable number of EU legal instruments enacted
as a result. Alongside full legislative analysis and
article-by-article commentary, the Commentary illustrates the
underlying basic principles of free movement and
non-discrimination. It provides insights into the influence of
copyright on other areas of EU policy, including telecoms and
bilateral trade agreements. This unique Commentary describes and
analyses each EU directive in turn and discusses anticipated future
challenges, utilising a clear structure to enable the reader to
navigate the Commentary effectively. Written by a team of leading
experts in the field, this Commentary combines theory and practice
to tackle the role of copyright in society and the economy, making
this a key resource for academics, researchers, practitioners and
policymakers in copyright and comparative law.
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 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
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
The Research Handbook on Cross-Border Enforcement of Intellectual
Property systematically analyzes the unique difficulties posed by
cross-border intellectual property disputes in the modern world.
The contributions to this book focus on the enforcement of
intellectual property primarily from a cross-border perspective.
Infringement remains a problematic issue for emerging economies and
so the book assesses some of the enforcement structures in a
selection of these countries, as well as cross-border enforcement
from a private international law perspective. Finally, the book
offers a unique insight into the roles played by judges and
arbitrators involved in cross-border intellectual property dispute
resolution. Providing a comprehensive approach to cross-border
enforcement, this Handbook will prove a valuable resource for
academics, postgraduate students, practitioners and international
policymakers. Contributors: E. Arezzo, S. Bariatti, M. Blakeney,
A.F. Christie, T. Cook, P.A. De Miguel Asensio, F. Dessemontet, P.
Ellis, V. Ferguson, C. Geiger, S. Hailing, N.H.B. H ng, T. Kono, M.
Leaffer, T. Leepuangtham, S. Neumann, C.O.Garcia-Castrillon, M.
Schneider, I. Stamatoudi, P. Torremans, O. Vrins, P.K.Yu
This innovative book celebrates the tri-centenary of modern
copyright, which began with the enactment of the Statute of Anne by
the British Parliament in 1709, and was soon followed by other
copyright legislation abroad. The Statute of Anne is traditionally
claimed to be the world's first copyright statute, and is thus
viewed as the origin of a system of national laws that today exists
in virtually all countries of the world. However, this book
illustrates that while there is some truth in this claim, it is
also important to treat it with caution. Written by leading experts
from across the globe, this comprehensive (historical) analysis
breaks new ground on modern copyright issues such as digital
libraries, illegal downloading and distribution, international
exhaustion and 'new formalities'. The expert contributors consider
what lessons can be learnt from the achievements made during the
last 300 years, and whether they can be used to overcome the new
challenges facing copyright. This in-depth scientific analysis of
the legacy of the Statute of Anne 300 years on from its origins
will provide copyright practitioners, academics, policy makers and
postgraduate students with a unique and fascinating read.
Copyright law is undergoing rapid transformations to cope with the
new international digital environment. This valuable research
Handbook provides a thorough and contemporary tableau of current
thinking in copyright law. It traces the changes undergone and the
challenges faced by copyright, as well as its roots and its
diversity, combining to present a colourful picture of a dynamic
research area. The editor brings together an elite group of
international copyright scholars who offer incisive and original
analysis of a wide range of issues and aspects of copyright law,
and in some cases a multiplicity of perspectives on a single topic.
Rigorous and often thought-provoking in nature, this research
Handbook clearly maps the current landscape, and will also
undoubtedly stimulate further research in the field. Analyzing the
cutting edge of current copyright research, Copyright Law will be
of great interest to researchers, students, practitioners and
policymakers.
China's accession to the WTO and TRIPS heralded massive changes in
Chinese intellectual property (IP) law. This book asks whether all
aspects of Chinese law and practice are now TRIPs compliant. The
study offers both Chinese and European perspectives. Examining
substantive IP law in detail, the contributors conclude that the
changes have been far reaching and TRIPS compliance has been
achieved. They also argue that China's IP laws are now addressing
the new challenges of the digital revolution and the global
economy. Of equal importance is enforcement, and in this respect
the book reveals that change started later and that further work
remains to be done. The book highlights the important efforts that
are underway and the undeniable progress that is being made. All
these issues are placed in an international context, where the
development agenda is becoming more important and where the
discussion on the renegotiation of the TRIPS has started. The
contributors include leading members of the Chinese judiciary, as
well as academics, politicians and practitioners from China, Europe
and Canada. The approach taken to the subject combines academic
rigorousness with political realism and the practical needs of
operating an effective law enforcement and judicial system in a
vast and rapidly developing country. This book will be warmly
welcomed by IP academics and researchers, policy makers, R&D
departments around the world and investors in China.
Copyright law is undergoing rapid transformations to cope with the
new international digital environment. This valuable research
Handbook provides a thorough and contemporary tableau of current
thinking in copyright law. It traces the changes undergone and the
challenges faced by copyright, as well as its roots and its
diversity, combining to present a colourful picture of a dynamic
research area. The editor brings together an elite group of
international copyright scholars who offer incisive and original
analysis of a wide range of issues and aspects of copyright law,
and in some cases a multiplicity of perspectives on a single topic.
Rigorous and often thought-provoking in nature, this research
Handbook clearly maps the current landscape, and will also
undoubtedly stimulate further research in the field. Analysing the
cutting edge of current copyright research, Copyright Law will be
of great interest to researchers, students, practitioners and
policymakers.
Stem cell research, and particularly embryonic stem cell research,
while offering the prospect of developing theories for serious
life-threatening diseases, also raises a number of difficult and
controversial moral questions. This is reflected in a variety of
moral perspectives and regulatory regimes, already adopted or in
the process of being developed, in EU Member States. In particular
the "moral exclusion" clause in Article 6 of the EC Directive on
the legal protection of biotechnological inventions has created
much uncertainty in this field.
This collection of original essays provides comprehensive analysis
of the EU patent system as applied to biotechnological inventions
and particularly stem cell research, dealing with the overlapping
EPC, EU, international and national law regimes bearing on the
exclusion of patents in a morally fragmented and contested field.
In this multidisciplinary study, the editors aim to clarify the
legal scope of Article 6, which they deem essential for the
fostering of research and investment in Europe, while ensuring that
such research is conducted within clear ethical limits which
address the concerns of society.
As well as a complete overview of the application of the European
patent law in the field of human embryonic stem cells, topics
covered include legal and philosophical accounts of the boards of
the European Court of Justice and European Patent Offices'
reasoning in the leading litigated cases, as well as the
institutional tensions between national and transnational European
research and patent regimes. With its broad research in the fields
of patent law, ethics and philosophy, the book analyzes a wide
range of issues in a way no other book has previously done and
suggests solutions to unblock the current stalemate surrounding the
patentability of human embryonic stem cell related inventions. The
book will be welcomed by a broad readership, including experts and
academics in both ethical and legal disciplines as well as policy
makers and regulators in the field of embryonic stem cell research
in Europe.
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
Holyoak and Torremans Intellectual Property Law provides readers
with a clear introduction to UK intellectual property law, whilst
carefully placing the law in its global context and acknowledging
the influence of EU and other international jurisdictions over its
development. The book examines the methods and reasoning behind key
statutory and case decisions, and provides readers with real life
examples of intellectual property law in action, helping to bring
the subject to life. Recent developments within the law relating to
biotechnology patenting, IT and internet, and trademark, imaging
and character rights are explored, providing readers with a cutting
edge analysis of the subject. Chapter introductions and concluding
overviews help to set the scene and provide a succinct summary of
the topic areas, whilst lists of annotated further reading offer
the perfect starting point for those who wish to explore a topic
further.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
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