9781139524070 (ebook) 9781107034006 (hardback)
Cambridge intellectual property and information law ; 22.
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction: a real property lawyer cautiously inspects the edges of intellectual property / Carol M. Rose Part I. Right of Publicity. 1. Haelan Laboratories v. Topps Chewing Gum: publicity as a legal right / Stacey L. Dogan 2. Do the French have their own "Haelan" case? The droit á l'image as an emerging intellectual property right / David Lefranc Part II. Dilution 3. The suppressed misappropriation origins of trademark antidilution law: the Landgericht Elberfeld's Odol opinion and Frank Schechter's "The Rational Basis of Trademark Protection" / Barton Beebe 4. Dilution as unfair competition: European echoes / Graeme B. Dinwoodie Part III. Geographic Indications. 5. Spanish champagne? An unfair competition approach to GI protection / Dev S. 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. 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": an international perspective / Silke von Lewinski Part VI. "Paracopyright": Technological Protection Measures. 11. Paracopyright: a peculiar right to control access / Joseph P. Liu 12. The protection of technological measures: much ado about nothing or silent remodeling of copyright? / Séverine Dusollier Part VII. Trade Secrets. 13. A legal tangle of secrets and disclosures in trade: Tabor v. Hoffman and beyond / Jeanne C. 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 J. 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, European law, and 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? / RT Hon. Sir Robin Jacob.