Transition And Coherence In Intellectual Property Law

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Transition and Coherence in Intellectual Property Law

Author : Niklas Bruun
Publisher : Cambridge University Press
ISBN 13 : 1108670911
Total Pages : 531 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Transition and Coherence in Intellectual Property Law by : Niklas Bruun

Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.

A Critique of the Ontology of Intellectual Property Law

Author : Alexander Peukert
Publisher : Cambridge University Press
ISBN 13 : 1108750435
Total Pages : 219 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis A Critique of the Ontology of Intellectual Property Law by : Alexander Peukert

Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.

The Structure of Intellectual Property Law

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931547
Total Pages : 384 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Structure of Intellectual Property Law by : Annette Kur

Download or read book The Structure of Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

Competition and Intellectual Property Law in Ukraine

Author : Heiko Richter
Publisher : Springer Nature
ISBN 13 : 3662661012
Total Pages : 607 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Competition and Intellectual Property Law in Ukraine by : Heiko Richter

Download or read book Competition and Intellectual Property Law in Ukraine written by Heiko Richter and published by Springer Nature. This book was released on 2023-01-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.

A Critique of the Ontology of Intellectual Property Law

Author : Alexander Peukert
Publisher : Cambridge University Press
ISBN 13 : 1108498329
Total Pages : 219 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Critique of the Ontology of Intellectual Property Law by : Alexander Peukert

Seville’s EU Intellectual Property Law and Policy

Author : Justine Pila
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976401
Total Pages : 773 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Seville’s EU Intellectual Property Law and Policy by : Justine Pila

Download or read book Seville’s EU Intellectual Property Law and Policy written by Justine Pila and published by Edward Elgar Publishing. This book was released on 2022-11-15 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.

European Contract Law and the Digital Single Market

Author : Alberto De Franceschi
Publisher :
ISBN 13 : 9781780684222
Total Pages : 0 pages
Book Rating : 4.6/5 (842 download)

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Book Synopsis European Contract Law and the Digital Single Market by : Alberto De Franceschi

Download or read book European Contract Law and the Digital Single Market written by Alberto De Franceschi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.

Improving Intellectual Property

Author : Susy Frankel
Publisher : Edward Elgar Publishing
ISBN 13 : 1035310864
Total Pages : 541 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Improving Intellectual Property by : Susy Frankel

Download or read book Improving Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.

Concepts of Property in Intellectual Property Law

Author : Helena Howe
Publisher : Cambridge University Press
ISBN 13 : 1107435722
Total Pages : 326 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Concepts of Property in Intellectual Property Law by : Helena Howe

Download or read book Concepts of Property in Intellectual Property Law written by Helena Howe and published by Cambridge University Press. This book was released on 2013-09-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.

Reforming Intellectual Property

Author : Ghidini, Gustavo
Publisher : Edward Elgar Publishing
ISBN 13 : 1803922257
Total Pages : 353 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Reforming Intellectual Property by : Ghidini, Gustavo

Download or read book Reforming Intellectual Property written by Ghidini, Gustavo and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.

Constructing Intellectual Property

Author : Alexandra George
Publisher : Cambridge University Press
ISBN 13 : 1107014611
Total Pages : 435 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constructing Intellectual Property by : Alexandra George

Download or read book Constructing Intellectual Property written by Alexandra George and published by Cambridge University Press. This book was released on 2012-03-12 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way in which this important area of law is constructed by the legal system.

Research Handbook on Intellectual Property and Artificial Intelligence

Author : Ryan Abbott
Publisher : Edward Elgar Publishing
ISBN 13 : 1800881908
Total Pages : 499 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Research Handbook on Intellectual Property and Artificial Intelligence by : Ryan Abbott

Download or read book Research Handbook on Intellectual Property and Artificial Intelligence written by Ryan Abbott and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.

Intellectual Property Rights and International Trade

Author : Shayerah Ilias
Publisher : Nova Publishers
ISBN 13 : 9781604565621
Total Pages : 84 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias

Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

IP Accidents

Author : Patrick R. Goold
Publisher : Cambridge University Press
ISBN 13 : 1108899455
Total Pages : 153 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis IP Accidents by : Patrick R. Goold

Download or read book IP Accidents written by Patrick R. Goold and published by Cambridge University Press. This book was released on 2022-03-17 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.

The Law and Politics of Brexit: Volume V

Author : Federico Fabbrini
Publisher : Oxford University Press
ISBN 13 : 0198908288
Total Pages : 289 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis The Law and Politics of Brexit: Volume V by : Federico Fabbrini

Download or read book The Law and Politics of Brexit: Volume V written by Federico Fabbrini and published by Oxford University Press. This book was released on 2024-08-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, interdisciplinary analysis of the Trade & Cooperation Agreement (TCA) between the European Union (EU) and the United Kingdom (UK). It unpacks the complex provisions of the agreement, identifies emerging security challenges, and examines the evolution of EU-UK trade relations as a result of the Windsor Framework.

Sovereignty, Technology and Governance after COVID-19

Author : Francisco de Abreu Duarte
Publisher : Bloomsbury Publishing
ISBN 13 : 1509955992
Total Pages : 265 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Sovereignty, Technology and Governance after COVID-19 by : Francisco de Abreu Duarte

Download or read book Sovereignty, Technology and Governance after COVID-19 written by Francisco de Abreu Duarte and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.

History of Design and Design Law

Author : Tsukasa Aso
Publisher : Springer Nature
ISBN 13 : 981168782X
Total Pages : 562 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis History of Design and Design Law by : Tsukasa Aso

Download or read book History of Design and Design Law written by Tsukasa Aso and published by Springer Nature. This book was released on 2022-04-22 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.