Constructing European Intellectual Property

'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

Edited by Christophe Geiger, Professor of Law, Luiss University, Italy

Contents: Introduction PART I: ASSESSING THE EUROPEAN INTELLECTUAL PROPERTY SYSTEM Section 1: IP and European Construction 1. The Construction of Intellectual Property in the European Union: Searching for Coherence Christophe Geiger 2. Pruning the European Intellectual Property Tree: In Search of Common Principles and Roots Sverine Dusollier Section 2: The European Legal Framework 3. The Legal Framework of the Legislative Activity Concerning Intellectual Property Rights at European Regional Level Vincenzo Scordamaglia 4. Fundamental Rights and European IP Law: The Case of Art 17(2) of the EU Charter Jonathan Griffiths and Luke McDonagh 5. Intellectual Property and Competition Law in the Information Society Tuomas Mylly PART II: DEVELOPING THE EUROPEAN IP SYSTEM Section 3: Trademarks and Geographical Indications at EU Level 6. Evaluation of the Functioning of the EU Trademark System: The Trademark Study Annette Kur 7. Adapting EU Trademark Law to New Technologies: Back to Basics? Martin Senftleben 8. The Simplification and Codification of European Legislation for the Protection of Geographical Indications Gail Elizabeth Evans Section 4: Patents and Plant Variety Protection 9. Constructing an Efficient and Balanced European Patent System: Muddling Through Jens Schovsbo 10. Smart Innovation and Inclusive Patents for Sustainable Food and Health Care: Redefining the Europe 2020 Objectives Geertrui Van Overwalle 11. 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 Takenaka Section 5: Copyright Protection in the EU 12. The Dynamics of Harmonization of Copyright at the European Level P. Bernt Hugenholtz 13. The Wittem Project of a European Copyright Code Thomas Dreier 14. Consume and Share: Making Copyright Fit for the Digital Agenda Marco Ricolfi Section 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 Sanders 16. Database Rights: Success or Failure? The Chequered Yet Exciting Journey of Database Protection in Europe Estelle Derclaye 17. Function, Art and Fashion: Do We Need the EU Design Law? Uma Suthersanen Section 7: IP Enforcement in the EU 18. IP Enforcement in Europe: Acquis and Future Plans Jacques Raynard 19. The Impact of the Anti-Counterfeiting Trade Agreement on the Legal Framework for IP Enforcement in the European Union Roberto DErme, Christophe Geiger, Henning Grosse Ruse-Khan, Christian Heinze, Thomas Jaeger, Rita Matulionyte and Axel Metzger 20. Checks and Balances in the Intellectual Property Enforcement Field: Reconstructing EU Trade Agreements Xavier Seuba Section 8: Making the European IP System Work: Further Steps to Take Raimund Lutz, Christian Archambeau and Michel Vivant Index