紹介
Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This 2004 collection brings together contributions from some of the most distinguished scholars in this exciting and controversial field, covering the full breadth of intellectual property law, that is, patents, copyright, trade marks and related rights. The contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face. These include: expanding the boundaries of IP in the face of new challenges, such as appropriate legal responses to digitisation and new technologies; relations between developed and developing worlds; the relationship between different legal traditions in a world of increasingly shared international norms; and the relationship between intellectual property rights and other areas of law, such as contract and criminal law.
目次
Part I. General Intellectual Property: 1. International intellectual property jurisprudence after trips M. Blakeney
2. Harmony and unity of European intellectual property protection H. Ullrich
3. A few thoughts on the English legal system from the viewpoint of a late lamented and sympathetic German (who also made music with Bill Cornish) D. Stauder with D. Llewelyn
4. Intellectual property in a peripheral jurisdiction: a matter of policy? H. MacQueen
Part II. Patents and Plant Protection: 5. Creating the community patent and its court Mr Justice Jacob (High Court)
6. Patents - what's invention got to do with it? Justice Laddie (High Court)
7. Common and civil law approaches to patent claim interpretation: 'fence posts' and 'sign posts' D. Chisum
8. Indirect patent infringement in Israel - judge-made law Judge A. Benyamini
9. Genomics and the food industry: outlook from an intellectual property perspective J. Straus
10. From 'outmoded impediment' to global player: the evolution of plant variety rights M. Llewellyn
Part III. Trade Marks and Unfair Competition: 11. Dilution of a trade mark: European and United States law compared T. McCarthy
12. Unfair competition: is it time for European harmonization? G. Dworkin
13. Passing off and slavish imitation under Polish law Stanislaw Soltysinski
14. Confidentiality, patents and restraint of trade J. Lahore and A. Dufty
Part IV. Copyright, Moral and Neighbouring Rights: 15. The Berne Convention: the continued relevance of an ancient text S. Ricketson
16. The (new) right of 'making available' to the public J. Ginsburg
17. Private copying licence and levy schemes: resolving the paradox of civilian and common law approaches A. Christie
18. Paternalism and autonomy in copyright contracts P. Goldstein
19. Criminality and copyright C. B. Tapper
20. Towards new forms of neighbouring rights within the European Union P. Kamina
List of Prof. Cornish's publications.
