This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
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Intellectual Property Jurisdiction Strategies
Where to Litigate Unitary Rights vs National Rights in the EU
Torsten B. Larsen
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Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina
Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.
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Certification and Collective Marks
Law and Practice
Jeffrey Belson
Certification and Collective Marks is a thoroughly updated and augmented edition of Certification Marks, first published in 2002. This comprehensive study forms a wide-ranging inquiry, with comparisons of the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. This publication is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products.
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Robert P. Merges and Amy L. Landers
This research review examines the many facets of the public domain. It discusses key papers whose topics are the various justifications for a rich repository of publicly available information, including policies favouring robust competition, free speech, and scientific and technological advances. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented.
This research review is an insightful resource for students and researchers, with a consideration of the public domain as an important topic in its own right as well as information on the underlying rationales of intellectual property law.
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Shubha Ghosh
This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.
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Edited by Peggy E. Chaudhry
This unique Handbook provides multiple perspectives on the growth of illicit trade, primarily exploring counterfeits and internet piracy. It includes expert opinion on a wide range of topics including the evaluation of key global enforcement issues, government and private-sector agency initiatives to stifle illicit trade, and the evolution of piracy on the internet. The authors also assess the efficacy of anti-counterfeiting strategies such as targeted consumer campaigns, working with intermediaries in the supply chain, authentication technology, and online brand protection.
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Grounds of the Immaterial
A Conflict-Based Approach to Intellectual Rights
Niels van Dijk
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.
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Edited by Duncan Matthews and Herbert Zech
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
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Edited by Gustavo Ghidini, Hanns Ullrich and Peter Drahos
The fields of intellectual property have broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. Kritika: Essays on Intellectual Property is a series of books designed to fulfil this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Volume 2 covers issues such as inter alia the current limits of knowledge and approaches to intellectual property, a functional account of intellectual property rights, China’s approach to innovation and intellectual property, the emergence of multi-layered IP-protection for designed objects, and the trajectory of increased protection for intellectual property.
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David Booton
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.