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The Structure of Intellectual Property Law: Can One Size Fit All?

Edited by: Annette Kur, Vytautas Mizaras

ISBN13: 9781848448766
Published: June 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £138.00

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This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development. The expert contributors explore the legal tools that are available to adjust IP protection to different needs and circumstances and how much flexibility exists to employ these tools. In providing answers to these and other similar questions, the book helps to resolve the fundamental question of whether one size can really fit all in the domestic and international context. Uncovering the general matrix of IP, The Structure of Intellectual Property Law will appeal to researchers in law, economics and business, students in intellectual property, competition law and economics, as well as practitioners and policymakers.

Intellectual Property Law
Foreword Introduction PART I: THE GENERAL FRAMEWORK: FOUNDATION AND LIMITS OF IP PROTECTION 1. Remarks: One Size Fits AllA" Consolidation and Difference in Intellectual Property Law Graeme B. Dinwoodie 2. A Framework for Tailoring Intellectual Property Rights Michael W. Carroll 3. Patents and Progress the Economics of Patent Monopoly and Free Access: Where Do We Go From Here? Rudolph J.R. Peritz 4. Comment: Some Economic Considerations Regarding Optimal Intellectual Property Protection Claudia Schmidt 5. Patents and Open Access in the Knowledge Economy Ulf Petrusson 6. Free Access, Including Freedom to Imitate, as a Legal Principle - A Forgotten Concept? Ansgar Ohly PART II: FINE TUNING THE SCOPE OF PROTECTION: LIMITATIONS AND EXCEPTIONS 7. Maximising Permissible Exceptions to Intellectual Property Rights Andrew F. Christie 8. Overprotection and Protection Overlaps in Intellectual Property Law - The Need for Horizontal Fair Use Defences Martin Senftleben 9. Intellectual Property and Technology - Looking for the Twelfth Camel? Maciej Barczewski and Jerzy Zajadlo PART III: IP RIGHTS AS OBJECTS OF PROPERTY 10. Individual, Multiple and Collective Ownership of Intellectual Property Rights: Which Impact on Exclusivity? Alexander Peukert 11. Proprietary Transactions in Intellectual Property in England and Germany: Transfer Ownership, Licensing, and Charging Stefan Enchelmaier 12. Control of Museum Art Images: The Reach and Limits of Copyright and Licensing Kenneth D. Crews and Melissa A. Brown PART IV: INTERNATIONAL IP LAW: ONE SIZE DOES NOT FIT ALL 13. Exploring the Flexibilities of the TRIPS Provisions on Limitations and Exceptions Christophe Geiger 14. The Concept of Sustainable Development in International IP Law - New Approaches from EU Economic Partnership Agreements Henning Grosse Ruse-Khan