Introduction
Part I: IP in the European Legal Framework
1. The E.C. Copyright Directives, Economics and Authors’ Rights; 2. Intellectual Property Rights and the Single Market; 3. Individual, Multiple and Collective Ownership: What Impact on Competition?; 4. Great Data, Nice Tale, but What’s the Message? The OHIM/EPO Study on the Economic Relevance of IP-Intensive Industries in the EU; 5. Transborder Patent Entitlement and Ownership Disputes: Which Forum has Jurisdiction?; 6. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union?
Part II: Patents
7. The European Patent with Unitary Effect: Incentive to Dominate? A Look From the EU Competition Law Viewpoint; 8. The Industrial Application Requirement for Biotech Inventions in Light of Recent EPO and UK Case Law: A Plausible Approach or a Mere “Hunting Licence?”; 9. The Bolar Exemption and the Supply of Patented Active Pharmaceutical Ingredients to Generic Drug Producers: An Attempt to Interpret Article 10(6) of Directive 2004/27; 10. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing; 11. Software Patents and “Technology Specific” Exclusion in Article 52 (3) EPC. A Legal Chimera?; 12. The Doctrine of Equivalents through the Eye of the European Patent Convention
Part III: Trade Marks
13. Not Prior in Time, But Superior in Right – How Trademark Registrations Can be Affected by Third-Party Interests in a Sign; 14. Signs, Surfaces, Shapes and Structures – the Protection of Product Design under Trade Mark Law; 15. Functions of a Trademark – A Way of Seeing Life? The Advertising Function and the Relation between Double Identity and Extended Protection; 16. Trademark Dilution under European Law; 17. Likelihood of Confusion in Trademark Law: A Practical Guide Based on the Case Law in Community Trade Mark Oppositions from 2002 to 2012
Part IV: Copyright and Related Rights
18. Introduction: Analysis: Sections 1-5; 19. EU Harmonization of the Copyright Originality Criterion; 20. Conceptualising the European Union’s Competence in Copyright – What can the EU Do?; 21. The Principle of Exhaustion and the Resale of Digital Music in Europe: A Comparative Analysis of the Used Soft GmbH v. Oracle International Corp. and Capitol Records, LLC v. ReDigi, Inc. Cases; 22. Internet Linking and the Notion of ’New Public’
Part V: Other IP Rights: Geographical Indications, Industrial Designs, Trade Secrets, Databases
23. Function, Art and Fashion: Do we need the EU Design Law?; 24. Trade Secrets: the New EU Enforcement Regime; 25. Database Copyright: The Story of BHB; 26. What is the Geography of Geographical Indications? Place, Production Methods and Protected Food Names; 27. The International Legal Framework for the Protection of Utility Models: Unmatched Flexibility for Domestic Experimentation?
Index