The Cambridge Handbook of Technical Standardization Law: Volume 2: Further Intersections of Public and Private Law (Cambridge Law Handbooks)

Cambridge University Press, 9/26/2019
EAN 9781107129719, ISBN10: 1107129710

Hardcover, 322 pages, 25.9 x 18.8 x 2.1 cm
Language: English
Originally published in English

Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses on key areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

Introduction Jorge L. Contreras
Part I. Standardization and the State
1. International trade law and technical standardization Panagiotis Delimatsis
2. Government use of standards in the US and abroad Emily S. Bremer
Part II. Standardization, Health, Safety and Liability
3. Technical standards in health and safety regulation
risk regimes, the new administrative law, and food safety governance Timothy D. Lytton
4. Tort liability for standards development in the United States and European Union Paul Verbruggen
Part III. Copyright and Standards
5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto
6. Integrating technical standards into federal regulations
incorporation by reference Daniel J. Sheffner
7. Public law, European constitutionalism and copyright in standards Björn Lundqvist
8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki
Part IV. Standards and Software
9. Open standards Jay P. Kesan
10. Standardization, open source and innovation
sketching the effect of IPR policies Martin Husovec
11. OSS and SDO
symbiotic functions in the innovation equation David J. Kappos
Part V. Trademarks, Certification and Standards
12. Trademarks, certification marks and technical standards Jorge L. Contreras
13. The unregulated certification mark(et) Jeanne C. Fromer
14. The certification paradox Jonathan M. Barnett.