Intellectual Property and the Common Law

Intellectual Property and the Common Law
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
Total Pages: 577
Release: 2013-09-02
Genre: Law
ISBN: 1107014158

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Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.

Intellectual Property in Common Law and Civil Law

Intellectual Property in Common Law and Civil Law
Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2013
Genre: Civil law
ISBN: 9780857934369

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Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.

Intellectual Property in Common Law and Civil Law

Intellectual Property in Common Law and Civil Law
Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
Total Pages: 465
Release: 2013-01-01
Genre: Law
ISBN: 0857934376

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ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.

Intellectual Privilege

Intellectual Privilege
Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
Total Pages: 238
Release: 2014-04-14
Genre: Law
ISBN: 0989219380

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A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.

The Common Law of Intellectual Property

The Common Law of Intellectual Property
Author: Catherine Ng
Publisher: Bloomsbury Publishing
Total Pages: 508
Release: 2010-08-25
Genre: Law
ISBN: 1847315933

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This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.

Contemporary Intellectual Property

Contemporary Intellectual Property
Author: Charlotte Waelde
Publisher: Oxford University Press
Total Pages: 1127
Release: 2016
Genre: Law
ISBN: 0198733690

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A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual proprty law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.

Intellectual Property and the Common Law

Intellectual Property and the Common Law
Author: Shyamkrishna Balganesh
Publisher:
Total Pages:
Release: 2013
Genre: Common law
ISBN: 9781107458987

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In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.

Forgotten Intellectual Property Lore

Forgotten Intellectual Property Lore
Author: Shubha Ghosh
Publisher: Edward Elgar Publishing
Total Pages: 448
Release: 2020-10-30
Genre: Law
ISBN: 1788978714

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This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.

Intellectual Property Rights

Intellectual Property Rights
Author: David Vaver
Publisher: Taylor & Francis
Total Pages: 440
Release: 2006
Genre: Copyright
ISBN: 9780415384599

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