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Intellectual Property, Unfair Competition And Publicity

Intellectual Property, Unfair Competition And Publicity Convergences and Development

Author: Nari Lee; Guido Westkamp; Annette Kur; Ansgar Ohly
Publisher: Edward Elgar Publishing
ISBN: 9780857932617
Published In: May 2014
Format: Hardback , 384 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of “substitute” IP rights.

The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of “substitute” intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and “intellectual” – such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book.

Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work.

Introduction: Intellectual Property, Unfairness and Speech – Convergences and Developments
Annette Kur, Nari Lee, Ansgar Ohly and Guido Westkamp

PART I: CONDUCT AND UNFAIRNESS: MAPPING METHODOGICAL BOUNDARIES
1. What to Protect, and How? Unfair Competition, Intellectual Property, or Protection Sui Generis
Annette Kur

2. Interfaces between Trade Mark Protection and Unfair Competition Law – Confusion About Confusion and Misconceptions about Misappropriation?
Ansgar Ohly

3. Personality Rights, Unfair Competition and Extended Causes of Action
Guido Westkamp

PART II: CONVERGENCES I: PERSONA, PUBLICITY AND MARKET CONTROL RIGHTS IN COMPARISON
4. Personality Endorsement and Character Merchandising: A Sparkle of Unfair Competition in English Law
Spyros Maniatis

5. Rights of Publicity in the United States From Edison to Elvis to Paris (and Every 15 Minutes in Between)
Gary Rinkerman

6. Celebrities, Advertisement and Commercial Exploitation ‘Publicity Rights’ in German Law
Kerstin Schmitt

PART III: CONVERGENCES II: INVESTMENT IN COMPETITION
7. Ambush Marketing: Examining the Development of an Event Organizer Right of Association
Seth Ericsson

8. Commercialising Privacy and Privatising the Commercial: The Difficulties Arising from the Protection of Privacy via Breach of Confidence
Tanya Aplin

9. Protection of the First Mover Advantage – Regulation Against Imitation of the Product Configuration in Japan
Yoshiyuki Tamura

10. The Use of Trade Marks in Keyword Advertising: If Not Confusing, Yet Unfair?
Nicole van der Laan

11. The United Kingdom’s Public Interest ‘Defence’ and European Union Copyright Law
Jonathan Griffiths

PART IV: INVESTMENT PROTECTION AND THE PUBLIC INTEREST: COMPETITION AND (COMMERCIAL) SPEECH
12. Public Domain at the Interface of Trade Mark and Unfair Competition Law – the case of Referential Use of Trade Marks
Nari Lee

13. Image Rights in Civil Law Systems: 4 Questions and 3 Systems
Antoon Quaedvlieg

Index

Edited by Nari Lee, Professor of Intellectual Property Law, Department of Accounting and Commercial Law, Hanken School of Economics, Helsinki, Finland, Guido Westkamp, Professor Dr. jur., Chair in Intellectual Property and Comparative Law, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK, Annette Kur, Professor Dr., Dr. h.c., Senior Research Fellow, Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany and Ansgar Ohly, Professor, Chair in Civil, Intellectual Property and Competition Law, Ludwig-Maximilians-Universitaet, Munich, Germany