Form in intellectual property law / David Booton.

Format:

Book

Author/Creator:

Booton, David, author.

Language:

English

Subjects (All):

Intellectual property.

Physical Description:

1 online resource (322 pages) : illustrations

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2017.

Summary:

This book sets out to expose, analyse and evaluate the conflicting conceptions of legal judgment that operate in intellectual property law. Its central theme is the opposition between law-making by way of the creation of generally applicable rules and law-making done at the point of application through case-by- case decisions tailored to the particulars of individual circumstances. Through an exploration of form, the analysis sets out to provide insights into how intellectual property law achieves a balance between various competing interests.

Contents:

Introduction

Form and legal adjudication

Legislative power and harmonization. Ex ante versus ex post decision making. Avoiding perceptions of bias. European integration, harmonization and form

A conflict at the foundation

Form and the interpersonal/social dimension. Copyright law. Patent law. Trade mark law

Form and justitications.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78347-055-0