This volume thoroughly covers and systematically displays the three main areas of intellectual property law – patents, trade marks and copyright – without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
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