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Andrej Savin

EU Internet Law 6.    Intellectual property The European Union regulates intellectual property (IP) rights comprehensively. 1 Most of the areas traditionally included in IP law are addressed in various related policies and documents, covered by one or more Regulations or Directives and are frequently addressed in the Court of Justice of the European Union (CJEU). EU law affects national IP rights in two ways. First, it harmonizes various IP rights or establishes unitary EU-wide IP rights. We examine this aspect in the sections below. Secondly, it

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Miranda Forsyth

5  Intellectual property Miranda Forsyth INTRODUCTION Intellectual property rights (IPRs) are rights over intangible products of the human mind, such as designs, stories, creations, inventions, processes and knowledge. They are commonly classified into copyright, patent, trademark, designs, geographical indications of origin and an increasingly diverse array of other subject matter.1 Intellectual property today is linked to almost every sphere of life and the regulation of intellectual property rights is being woven in ever-tightening strands across the globe at

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Miguel González-Maestre

✐ ✐ ✐ ✐ 14. Intellectual property Miguel González-Maestre∗ 1 INTRODUCTION In this survey, we discuss the current literature on intellectual property, from a perspective that takes into account two main features of the evolution of modern economies: First, the increasing level of complexity associated with the production and design of goods. This aspect is more relevant in some industries than in others. But it is clear that, in general, the development of new products is, increasingly, the result of assembling many parts, which, in turn, implies the

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Molly Shaffer Van Houweling

1.  Intellectual property as property Molly Shaffer Van Houweling* 1 Contents I. Introduction II. ‘Property’ and IP III. Distinguishing Tangible and Intellectual Resources as Objects of Property A. Rivalry B. Excludability C. Costs IV. Three Cross-Cutting Themes A. Property and Possession 1. Possession, property origins, and the public domain 2. The challenges of non-possessory property B. Property and Information C. Property and Time V. Conclusion References I. INTRODUCTION First-year law students learn early on that lawyers think of property not ‘as a

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Henry E. Smith

3.  Governing intellectual property Henry E. Smith* 1 Contents I. Property as Platform II. Fluid Property and the Need for Governance III. Governance of Intellectual Property A. Patent Versus Copyright B. Licensing C. Governance Through Equity D. Group Institutions IV. Conclusions References The ‘property’ in intellectual property has been nothing if not controversial. Stressing the property element in intellectual property is often assumed to amount to a call for overly strong protection for creators and inventors. Intellectual property skeptics believe

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Sara Bannerman

JOBNAME: Ullrich PAGE: 1 SESS: 3 OUTPUT: Tue Jul 3 08:51:01 2018 6. Sara Bannerman Remodelling global intellectual property I. INTRODUCTION Critique of current forms of globalization and international institutions, in the second decade of the new millennium, has reached new heights.1 The privatization of knowledge under expanding global intellectual property norms has been subject to stringent critique.2 In this context, the access to knowledge (A2K) movement has become a connection point for a diverse set of groups that all hope to realize technological and

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Indigenous Intellectual Property

A Handbook of Contemporary Research

Edited by Matthew Rimmer

This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This collection examines national developments in Indigenous intellectual property from around the world. As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges to Indigenous intellectual property from emerging developments in information technology, biotechnology, and climate change.
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Ben Depoorter

15.  Intellectual property enforcement costs Ben Depoorter* Contents I. Introduction II. Costly Intellectual Property Enforcement III. The Effect of Enforcement Costs A. Negative Effects B. Benefits of Enforcement Costs C. Distributive Effects of Enforcement Costs IV. Adjusting Intellectual Property Rights in Light of Costly Enforcement V. Enforcement of Copyright Law A. Innovation Spillovers of Copyright Enforcement B. Social Norm Complications C. Statutory Damages D. Small Claims Courts VI. Enforcement of Patent Law VII. Enforcement of Trademark

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International Intellectual Property

A Handbook of Contemporary Research

Edited by Daniel J. Gervais

International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book contains both doctrinal analyses and groundbreaking theoretical research by many of the most recognized leading experts in the field. It offers overviews of the major international instruments, with specific chapters on the Berne and Paris Conventions, the Patent Cooperation treaty and several chapters that discuss parts of the TRIPS Agreement. The book can also be used by students of international intellectual property to obtain useful knowledge of major institutions and instruments, and to gain an understanding of ongoing discussions.
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Constructing European Intellectual Property

Achievements and New Perspectives

Edited by Christophe Geiger

This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.