Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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- Intellectual Property and the Judiciary
- Chapter 1: Intellectual property before the European Court of Human Rights
- Chapter 2: The European Court of Human Rights: an unlikely forum for the enforcement of IP rights
- Chapter 3: Copyright and the human right to property: a European and international case law approach
- Chapter 4: Taking power tools to the acquis – the Court of Justice, the Charter of Fundamental Rights and European Union copyright law
- Chapter 5: Intellectual property law made by the Court of Justice of the European Union
- Chapter 6: The role of the European Court of Justice in the European Patent Court system
- Chapter 7: Decision-making in the Unified Patent Court: ensuring a balanced approach
- Chapter 8: The Patent Mediation and Arbitration Centre: a centre of opportunities
- Chapter 9: Scientific complexity and patent adjudication: the technical judges of the Unified Patent Court
- Chapter 10: The procedural rules in appeal proceedings before the European Patent Office
- Chapter 11: The functioning of the Community Plant Variety Office Board of Appeal
- Chapter 12: The position of the Board of Appeal in the legal protection system for Community Plant Variety Rights
- Chapter 13: The Boards of Appeal of the European Union Intellectual Property Office: an alien within the landscape of European administrative law!
- Chapter 14: The Boards of Appeal of the European Union Intellectual Property Office
- Chapter 15: The proposed structure and function of the Unified Patent Court: lessons from the American judicial experience
- Chapter 16: The best practice for patent judiciary: lessons from another experiment on specialized adjudication for patent cases in Japan
- Chapter 17: Europe’s bold experiment: lessons learned from America’s patent law experience
- Chapter 18: The interpretation of international intellectual property instruments in national, regional and international courts and tribunals
- Chapter 19: Investor-state dispute settlement and the Trans-Pacific Partnership
- Chapter 20: Does the WTO Appellate Body ‘make’ IP law?
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