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Developments and Directions in Intellectual Property Law: 20 Years of The IPKat

Developments and Directions in Intellectual Property Law: 20 Years of The IPKat

Author: Hayleigh Bosher; Eleonora Rosati
Publisher: Oxford University Press
ISBN: 9780192864482

Published In: May 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780192864475

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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world.

By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective.

From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

Foreword: 20 years of the IPKat, Jeremy Phillips

Editors' note, Eleonora Rosati and Hayleigh Bosher

Part 1 - Developments in IP law, policy, and practice: Katfriends' views

1:Twenty years of IPKat, Robin Jacob

2:IP in the English court system, Richard Arnold

3:The IP profession over the last twenty years, Trevor Cook

4:20 years of change in IP strategy and litigation, David Stone

5:IP and evidence - A 20-year journey to the mainstream, David Humphries

6:Intellectual property teaching and research: How has the academy changed in the past two decades?, Irene Calboli

7:Twenty years of U.S. digital copyright: Adapting from analog, Jane C. Ginsburg

8:A view from the U.S. Copyright Office: Serving the public, Congress, the courts, and more from 2001 to 2021, Maria Strong

9:20 years after - The state of EU copyright law, Maria Martin-Prat

10:20 years in design law - What has changed?, Annette Kur

11:How image rights have changed over the past 20 years, Frederick Mostert and Sheyna Cruz

12:Lessons from the TRIPS waiver debate, Daniel Gervais

Part 2 - Developments in copyright and image/publicity rights

13:Copyright at the CJEU: Back to the start (of copyright protection), Eleonora Rosati

14:The copyright protection of makeup, Riana Harvey

15:Sixty years of international performers' rights: Time for a performers' copyright?, Mathilde Pavis

16:Fair use or fair dealing in Africa: The South African experience, Chijioke I. Okorie

17:Music copyright infringement cases in the US and UK: Building a house upon the sand or the rock?, Hayleigh Bosher

18:Automatic Content Recognition (ACR) technologies: A copyright management tool for content-sharing platforms, Giorgio Luceri

19:One does not simply upload a meme - Internet memes and the parody exemption in Europe, Peter Ling

20:From CD-copying vending machines to cloud-based TV recorders - 20 years of private copying in Germany, Mirko Brüß

21:New York right of publicity protects starlets and now ghouls, Marie-Andrée Weiss

22:Post-mortem rights of publicity - A comparison of New York and California, Emma Perot

Part 3 - Developments in the law of trade marks and geographical indications

23:Retromark: The last 20 years of trade marks, Darren Meale

24:Psychology, prototypicality, and basic shapes: The 'shape resulting from the nature of the goods' exclusion under EU trade mark law, Ilanah Fhima

25:3D trade marks: Distinctiveness and scope of protection, Valentina Torelli

26:Context of use in colour marks, Jan Jacobi

27:Revaluing periods of concurrent use in likelihood of confusion analyses, Lucas S. Michels

28:Sprechen Sie Cambozola? On the lessons from the early years of “evocation”, Anastasiia Kyrylenko

29:Of treats and treaties: The forgotten chapter of European Geographical Indications law, Léon Dijkman

Part 4 - Developments in the law of patents and trade secrets

30:Patentability of software in Europe, David Pearce

31:Standard essential patents and FRAND licensing: The evolution of the European approach, Stefano Barazza

32:Trolls, sharks, and privateers: 20 years of patent assertion entities, Bertrand Sautier

33:The doctrine of equivalents in the UK following Actavis v Lilly , Darren Smyth and Azadeh Vahdat

34:Rewriting European patent law by the back-door: On patents, politics, and peppers, Rose Hughes

35:20 years of SPC case law: A long way to go in the quest for clarity, Frantzeska Papadopoulou

36:Cybersecurity standards and trade secrecy in the United States, Michael S. Mireles

Part 5 - Developments in IP policy, practice, and literature

37:Intellectual property and sustainability, Laetitia Lagarde

38:A new Industrial Property Law in Mexico, Verónica Rodríguez Arguijo

39:Punitive damages for intellectual property rights infringement in China, Tian Lu

40:Jane Austen's Mansfield Park and the treatment of intellectual property, Neil Wilkof

41:The open source licensing phenomenon: Pledge, transformation, and lessons learnt, Ieva Giedrimaite

42:Unjustified threats in the online space, Eleanor Wilson

43:The changing impact of IP on individuals and small businesses and the importance of pro bono services, Stephen Jones and Hayleigh Bosher

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