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Emerging Issues in Intellectual Property

Trade, Technology and Market Freedom Essays in Honour of Herchel Smith

Edited by Guido Westkamp

Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy.
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Guido Westkamp

Recently, and in the face of massive criticism, the German legislator introduced a new neighbouring right that will grant news publishers the right to authorize or prohibit the use of news items by search engines. The comment takes the view that this new right violates European law in affording protection against the use of information that goes above and beyond the freedom provided under the Database Directive and that therefore courts must refuse to apply it.