Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book. This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preface Part I: IP Rights and Competition Law - 1. Individual, Multiple and Collective Ownership: What Impact on Competition? 2. The Law and Economics of Progress: IP Rights and Competition Policy. 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Part II: Individualism and Collectiveness in Patent Law - 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing Part III: Individualism and Collectiveness in Copyright Law - 5. Collectivism and its Role in the Frame of Individual Contracts. 6. Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules? 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement. 8. The Necessity to Collectivize Copyright – and Dangers Thereof. 9. Two Perspectives on the Proposed Google Book Settlement Part IV: Individualism and Collectiveness in Trademark Law. 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States. 11. The Competitive Significance of Collective Trademarks. 12. Multinationals’ Global Governance on the Internet. 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Part V: Teaching and Research in IP Law – Individual and Collective Aspects. 14. Virtual Teachers: A Copyright Paradox? 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Index