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The common law of intellectual property : essays in honour of Professor David Vaver / edited by Catherine W. Ng, Lionel Bently and Giuseppina D'Agostino ; [foreword by Robin Jacob].
2010
F 13 NG.C
Available at WIPO Library
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Details
Title
The common law of intellectual property : essays in honour of Professor David Vaver / edited by Catherine W. Ng, Lionel Bently and Giuseppina D'Agostino ; [foreword by Robin Jacob].
Author
Description
lv, 452 pages ; 24 cm
ISBN
9781841139708
184113970X hardback
9781472565198 online
1472565193
9781847315939 PDF
1847315933 Electronic book : PDF format
184113970X hardback
9781472565198 online
1472565193
9781847315939 PDF
1847315933 Electronic book : PDF format
Alternate Call Number
F 13 NG.C
Summary
"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"--Publisher's information.
Formatted Contents Note
1. Emerging divergences in the common law of intellectual property: an overview; 2. Intellectual property and the common law in Scotland c1700-c1850; 3. On clarifying the role of originality and fair use in nineteenth century UK jurisprudence: appreciating 'the humble grey which emerges as the result of long controversy'; 4. The relationship between UK common law and the European systems in the context of Res judicata; 5. The conduct of a patent trial from the perspective of practice in the US, UK and Canada; 6. Emergent diversity in the common law relating to intellectual property: how domestic court practice informs local evolution of law; 7. A commun law prescription for a medical malaise; 8. Claiming a life: are organisms inherently unpatentable?; 9. Divergent approaches in defining the appropriate level of inventiveness in patent law; 10. Sufficiency of disclosure in the common law: complexity, divergence and confusion; 11. Common law approaches to the requirement of originality; 12. Finding originality in recreative copyright works; 13. The emancipation of fair use in Israel; 14. Unfair competition by misappropriation: the reception of international new in the common law world; 15. The common law and trade marks in an age of statutes; 16. Protecting extraterritorial goodwill: exploring the impetus behind a common law; 17. Death of a trade mark doctrine? dilution of anti-dilution; 18. Postscript: was there ever a common law of intellectual property?
Location
Z16 Na 7068
Z01
Z01
Published
Oxford : Hart Publishing, 2010.
Language
English
Record Appears in
Review
"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"--Publisher's information.