9780857932617 hardback 0857932616 hardback 9780857932624 (e-book) 0857932624 (e-book)
European Intellectual Property Institutes Network series.
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of "substitute" IP rights. The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of "substitute" intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and "intellectual"--such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
What to protect, and how? unfair competition, intellectual property, or protection sui generis / Annette Kur Interfaces between trade mark protection and unfair competition law - confusion about confusion and misconceptions about misappropriation? / Ansgar Ohly Personality rights, unfair competition and extended causes of action / Guido Westkamp Personality endorsement and character merchandising : a sparkle of unfair competition in English law / Spyros Maniatis Rights of publicity in the United States from Edison to Elvis to Paris (and every 15 minutes in between) / Gary Rinkerman Celebrities, advertisement and commercial exploitation 'publicity rights' in German law / Kerstin Schmitt Ambush marketing : examining the development of an event organizer right of association / Seth Ericsson Commercialising privacy and privatising the commercial : the difficulties arising from the protection of privacy via breach of confidence / Tanya Aplin Protection of the first mover advantage - regulation against imitation of the product configuration in Japan / Yoshiyuki Tamura The use of trade marks in keyword advertising : developments in CJEU and national jurisprudence / Nicole van der Laan The United Kingdom's public interest 'defence' and European Union copyright law / Jonathan Griffiths Public domain at the interface of trade mark and unfair competition law - the case of referential use of trade marks / Nari Lee Image rights in civil law systems : four questions and three systems / Antoon Quaedvlieg.