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The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver

Editat de Catherine Ng, Lionel Bently, Giuseppina D'Agostino
en Limba Engleză Hardback – 24 aug 2010
This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
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Specificații

ISBN-13: 9781841139708
ISBN-10: 184113970X
Pagini: 528
Dimensiuni: 156 x 234 x 41 mm
Greutate: 0.91 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Lionel Bently is the Herchel Smith Professor of Intellectual Property Law at the University of Cambridge.Catherine W Ng is a Lecturer of Law at the University of Aberdeen.Giuseppina D'Agostino is an Associate Professor of Law at Osgoode Hall Law School in Canada.

Cuprins

Introduction1 Emerging Divergences in the Common Law of Intellectual Property: An Overview LIONEL BENTLYCATHERINE W NGAND GIUSEPPINA D'AGOSTINOHistorical Perspectives2 Intellectual Property and the Common Law in Scotland c1700-c1850 HECTOR L MACQUEEN3 On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence: Appreciating 'the humble grey which emerges as the result of long controversy' KATHY BOWREYCourt Practices4 The Relationship between UK Common Law and the European Systems in the Context of Res Judicata HENRY CARR5 The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canada MARSHAL ROTHSTEINJAMES F HOLDERMANCHRISTOPHER FLOYDAND KATHRYN PICKARD6 Emergent Diversity in the Common Law Relating to Intellectual Property: How Domestic Court PracticeInforms Local Evolution of Law ROGER T HUGHESPatents7 A Common Law Prescription for a Medical Malaise TINA PIPER8 Claiming a Life: are Organisms Inherently Unpatentable? GRAHAM DUTFIELD9 Divergent Approaches in Defi ning the Appropriate Level of Inventiveness in Patent Law ANN MONOTTI10 Suffi ciency of Disclosure in the Common Law: Complexity, Divergence and Confusion SIVARAMJANI THAMBISETTYCopyright11 Common Law Approaches to the Requirement of Originality SAM RICKETSON12 Finding Originality in Recreative Copyright works BURTON ONG13 The Emancipation of Fair Use in Israel LIOR ZEMERTrade Marks and Unfair Competition14 Unfair Competition by Misappropriation: the Reception of International News in the Common Law World CHRISTOPHER WADLOW15 The Common Law and Trade Marks in an Age of Statutes GRAEME B DINWOODIE16 Protecting Extraterritorial Goodwill: Exploring the Impetus Behind a Common LawA KELLY GILL17 Death of a Trade Mark Doctrine? Dilution of Anti-Dilution LOUIS TC HARMSConclusion18 Postscript: Was There Ever a Common Law of Intellectual Property? LIONEL BENTLYCATHERINE W NGAND GIUSEPPINA D'AGOSTINODavid Vaver: Curriculum Vitae

Recenzii

...this book is a substantial tome on a fast-growing area of the law which is as complex as it is important.In addition to dealing with each of the main intellectual property rights in turn, the book casts a historical eye on the evolution of IP law, and also looks at court practices on a comparative basis. The quality of the essays is very high, combining as they do intellectual rigour with breadth of knowledge.

Descriere

This book explore the assumption that the patent, copyright and trade mark laws within members of the 'common law family' share a common tradition.