Intellectual Property at the Edge: The Contested Contours of IP (Cambridge Intellectual Property and Information Law)

Cambridge University Press, 6/19/2014
EAN 9781107034006, ISBN10: 1107034000

Hardcover, 492 pages, 22.8 x 15.2 x 2.8 cm
Language: English

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.

Foreword
a real property lawyer cautiously inspects the edges of intellectual property Carol Rose
Part I. Right of Publicity
1. Haelan Laboratories v. Topps Chewing Gum
publicity as a legal right Stacey Dogan
2. Do the French have their own 'Haelan' case? The droit à l'image as an emerging intellectual property David Lefranc
Part II. Dilution
3. The suppressed misappropriation origins of trademark antidilution law
the Landgericht Elberfeld's Odol decision and Frank Schechter's The Rational Basis of Trademark Protection Barton Beebe
4. Dilution as unfair competition
European echoes Graeme Dinwoodie
Part III. Geographic Indications
5. Spanish champagne? An unfair competition approach to GI protection Dev Gangjee
6. A cognac after Spanish champagne? Geographical indications as certification marks Daniel Gervais
Part IV. Design Protection
7. The Fashion Originators' Guild of America
self-help at the edge of IP and antitrust C. Scott Hemphill and Jeannie Suk
8. IP at the edges - protection for fashion
the European experience Annette Kur
Part V. Traditional Knowledge
9. 'Ka Mate Ka Mate' and the protection of traditional knowledge Susy Frankel
10. Comments on 'Ka Mate Ka Mate' and the protection of traditional knowledge Silke von Lewinski
Part VI. 'Paracopyright'
Technological Protection Measures
11. Paracopyright - a peculiar right to control access Joseph Liu
12. The protection of technological measures
much ado about nothing or silent remodelling of copyright? Séverine Dusollier
Part VII. Trade Secrets
13. A legal tangle of secrets and disclosures in trade
Tabor v. Hoffman and beyond Jeanne Fromer
14. Patents and trade secrets in England
the case of Newbery v. James (1817) Lionel Bently
Part VIII. Open Innovation
15. Legal but unacceptable
Pallin v. Singer and physician patenting norms Katherine Strandburg
16. Physicians as user innovators Stefan Bechtold
Part IX. Limitations
Patent Subject Matter and Scope
17. Funk forward Ted Sichelman
18. Patent eligibility and scope revisited in light of Schütz v. Werit and European copyright jurisprudence Justine Pila
Part X. Limitations
Copyright and Trademark Defences
19. Make me walk, make me talk, do whatever you please
Barbie and exceptions Rebecca Tushnet
20. Parody and IP claims
a defence? - A right to parody? Robin Jacob.