Intellectual Property in the New Millennium Essays in Honour of William R. Cornish

Author: David Vaver; Lionel Bently
Publisher: Cambridge University Press
ISBN: 9780521173414
Published In: February 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This collection brings together contributions from some of the most distinguished scholars in this exciting and controversial field, covering the full breadth of intellectual property law, that is, patents, copyright, trade marks and related rights.

The contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face. These include:-

expanding the boundaries of IP in the face of new challenges, such as appropriate legal responses to digitisation and new technologies;
relations between developed and developing worlds;
the relationship between different legal traditions in a world of increasingly shared international norms;
and the relationship between intellectual property rights and other areas of law, such as contract and criminal law.

Contents:: Part I. General Intellectual Property:
1. International intellectual property jurisprudence after trips M. Blakeney;
2. Harmony and unity of European intellectual property protection H. Ullrich;
3. A few thoughts on the English legal system from the viewpoint of a late lamented and sympathetic German (who also made music with Bill Cornish) D. Stauder with D. Llewelyn;
4. Intellectual property in a peripheral jurisdiction: a matter of policy? H. MacQueen; Part II. Patents and Plant Protection:
5. Creating the community patent and its court Mr Justice Jacob (High Court);
6. Patents - what's invention got to do with it? Justice Laddie (High Court);
7. Common and civil law approaches to patent claim interpretation: 'fence posts' and 'sign posts' D. Chisum;
8. Indirect patent infringement in Israel - judge-made law Judge A. Benyamini;
9. Genomics and the food industry: outlook from an intellectual property perspective J. Straus;
10. From 'outmoded impediment' to global player: the evolution of plant variety rights M. Llewellyn; Part III. Trade Marks and Unfair Competition:
11. Dilution of a trade mark: European and United States law compared T. McCarthy;
12. Unfair competition: is it time for European harmonization? G. Dworkin;
13. Passing off and slavish imitation under Polish law Stanislaw Soltysinski;
14. Confidentiality, patents and restraint of trade J. Lahore and A. Dufty; Part IV. Copyright, Moral and Neighbouring Rights:
15. The Berne Convention: the continued relevance of an ancient text S. Ricketson;
16. The (new) right of 'making available' to the public J. Ginsburg;
17. Private copying licence and levy schemes: resolving the paradox of civilian and common law approaches A. Christie;
18. Paternalism and autonomy in copyright contracts P. Goldstein;
19. Criminality and copyright C. B. Tapper;
20. Towards new forms of neighbouring rights within the European Union P. Kamina; List of Prof. Cornish's publications.