Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. Haelan laboratories v. topps chewing gum: publicity as a legal right; 2. Do the french have their own 'Haelan' case? the droit à l'image as an emerging intellectual property rights; 3. The suppressed misappropriation origins of trademark antidilution law: the Landgericht Elberfeld's Odol opinion and Frank Schechter's "the rational basis of trademark protection"; 4. Dilution as unfair competition: European echoes; 5. Spanish champagme: an unfair competition approach to GI protection; 6. A cognac after Spanish champagne? geographical indications as certification marks; 7. The fashion originators' guild of America: self-help at the edge of IP and antitrust; 8. Protection for fashion: the European experience; 9. "Ka Mate Ka Mate" and the protection of traditional knowledge; 10. Comments on Susy Frankel: "Ka Mate Ka Mate' and the protection of traditional knowledge" an international perspective; 11. Paracopyright - a peculiar right to control access; 12. The protection of technological measures: muc ado about nothing or silent remodeling of copyright?; 13. A legal tangle of secrets and disclosure in trade: Tabor v. Hoffman and beyond; 14. Patents and trade secrets in England: the case of Newbery v James (1817); 15. Legal but unacceptable: Pallin v. Singer and physician patenting norms; 16. Physicians as user innovators; 17. Funk forward; 18. Patent eligibility and scope revisited in light of Schütz v. Werit, European law, and copyright jurisprudence; 19. Make me walk, make me talk, do whatever you please: barbie and exceptions; 20. Parody and IP claims: a defence? a right to parody?.