Constructing European Intellectual Property

Edited by Christophe Geiger, Full Professor of Law and Director of the Innovation Law and Ethics Observatory (ILEO), Luiss University, Italy

'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities - substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.'--Graeme B. Dinwoodie, University of Oxford, UK'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.'--Lionel Bently, University of Cambridge, UK

• Contents:IntroductionPART I: ASSESSING THE EUROPEAN INTELLECTUAL PROPERTY SYSTEMSection 1: IP and European Construction1. The Construction of Intellectual Property in the European Union: Searching for CoherenceChristophe Geiger2. Pruning the European Intellectual Property Tree: In Search of Common Principles and RootsSéverine DusollierSection 2: The European Legal Framework3. The Legal Framework of the Legislative Activity Concerning Intellectual Property Rights at European Regional LevelVincenzo Scordamaglia4. Fundamental Rights and European IP Law: The Case of Art 17(2) of the EU Charter Jonathan Griffiths and Luke McDonagh5. Intellectual Property and Competition Law in the Information Society Tuomas MyllyPART II: DEVELOPING THE EUROPEAN IP SYSTEMSection 3: Trademarks and Geographical Indications at EU Level6. Evaluation of the Functioning of the EU Trademark System: The Trademark StudyAnnette Kur7. Adapting EU Trademark Law to New Technologies: Back to Basics?Martin Senftleben8. The Simplification and Codification of European Legislation for the Protection of Geographical IndicationsGail Elizabeth EvansSection 4: Patents and Plant Variety Protection9. Constructing an Efficient and Balanced European Patent System: ‘Muddling Through’Jens Schovsbo10. Smart Innovation and Inclusive Patents for Sustainable Food and Health Care: Redefining the Europe 2020 ObjectivesGeertrui Van Overwalle11. Construction of an Efficient and Balanced Patent System: Patentability and Patent Scope of Isolated DNA Sequences Under US Patent Act and EU Biotech Directive Jan Krauss and Toshiko TakenakaSection 5: Copyright Protection in the EU 12. The Dynamics of Harmonization of Copyright at the European LevelP. Bernt Hugenholtz13. The Wittem Project of a European Copyright CodeThomas Dreier14. Consume and Share: Making Copyright Fit for the Digital AgendaMarco RicolfiSection 6: Databases, Design Protection, Unfair Competition and/or New IP Rights in the EU 15. Unfair Competition: Complementary or Alternative to Intellectual Property in the EU?Anselm Kamperman Sanders16. Database Rights: Success or Failure? The Chequered Yet Exciting Journey of Database Protection in EuropeEstelle Derclaye17. Function, Art and Fashion: Do We Need the EU Design Law?Uma SuthersanenSection 7: IP Enforcement in the EU18. IP Enforcement in Europe: Acquis and Future PlansJacques Raynard19. The Impact of the Anti-Counterfeiting Trade Agreement on the Legal Framework for IP Enforcement in the European UnionRoberto D’Erme, Christophe Geiger, Henning Grosse Ruse-Khan, Christian Heinze, Thomas Jaeger, Rita Matulionyte and Axel Metzger20. Checks and Balances in the Intellectual Property Enforcement Field: Reconstructing EU Trade AgreementsXavier SeubaSection 8: Making the European IP System Work: Further Steps to TakeRaimund Lutz, Christian Archambeau and Michel VivantIndex