Intellectual property at the edge : the contested contours of IP / edited by Rochelle Cooper Dreyfuss and Jane C. Ginsburg.

Format:

Book

Contributor:

Dreyfuss, Rochelle Cooper, 1947- editor.

Ginsburg, Jane C., editor.

Series:

Cambridge intellectual property and information law ; 22.

Cambridge intellectual property and information law ; 22

Language:

English

Subjects (All):

Intellectual property--European Union countries.

Intellectual property.

European Union countries.

Physical Description:

1 online resource (xxxv, 452 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2014.

System Details:

text file

PDF

Summary:

Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

Contents:

Introduction: a real property lawyer cautiously inspects the edges of intellectual property / Carol M. Rose

Part I. Right of Publicity.

1. Haelan Laboratories volume Topps Chewing Gum: publicity as a legal right / Stacey L. Dogan

2. Do the French have their own "Haelan" case? The droit á l'image as an emerging intellectual property right / David Lefranc

Part II. Dilution

3. The suppressed misappropriation origins of trademark antidilution law: the Landgericht Elberfeld's Odol opinion and Frank Schechter's "The Rational Basis of Trademark Protection" / Barton Beebe

4. Dilution as unfair competition: European echoes / Graeme B. Dinwoodie

Part III. Geographic Indications.

5. Spanish champagne? An unfair competition approach to GI protection / Dev S. Gangjee

6. A cognac after Spanish champagne? Geographical indications as certification marks / Daniel Gervais

Part IV. Design Protection.

7. The Fashion Originators' Guild of America: self-help at the edge of IP and antitrust / C. Scott Hemphill and Jeannie Suk

8. Protection for fashion: the European experience / Annette Kur

Part V. Traditional Knowledge.

9. "Ka Mate Ka Mate" and the protection of traditional knowledge / Susy Frankel

10. Comments on "'Ka Mate Ka Mate' and the protection of traditional knowledge": an international perspective / Silke von Lewinski

Part VI. "Paracopyright": Technological Protection Measures.

11. Paracopyright: a peculiar right to control access / Joseph P. Liu

12. The protection of technological measures: much ado about nothing or silent remodeling of copyright? / Séverine Dusollier

Part VII. Trade Secrets.

13. A legal tangle of secrets and disclosures in trade: Tabor volume Hoffman and beyond / Jeanne C. Fromer

14. Patents and trade secrets in England: the case of Newbery volume James (1817) / Lionel Bently

Part VIII. Open Innovation.

15. Legal but unacceptable: Pallin volume Singer and physician patenting norms / Katherine J. Strandburg

16. Physicians as user innovators / Stefan Bechtold

Part IX. Limitations: Patent Subject Matter and Scope.

17. Funk forward / Ted Sichelman

18. Patent eligibility and scope revisited in light of Schütz volume Werit, European law, and copyright jurisprudence / Justine Pila

Part X. Limitations: Copyright and Trademark Defences.

19. Make me walk, make me talk, do whatever you please: Barbie and exceptions / Rebecca Tushnet

20. Parody and IP claims: a defence? A right to parody? / RT Hon. Sir Robin Jacob.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139524070

Access Restriction:

Restricted for use by site license.