Structure of Intellectual Property Law

Edited by Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich, Germany and Vytautas Mizaras, University of Vilnius, Lithuania

In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law. Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. - Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. --- William Cornish, Cambridge University, UK

• Contents: ForewordIntroductionPART I: THE GENERAL FRAMEWORK: FOUNDATION AND LIMITS OF IP PROTECTION1. Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property LawGraeme B. Dinwoodie2. A Framework for Tailoring Intellectual Property RightsMichael W. Carroll3. Patents and Progress: The Economics of Patent Monopoly and Free Access: Where Do We Go From Here?Rudolph J.R. Peritz4. Comment: Some Economic Considerations Regarding Optimal Intellectual Property ProtectionClaudia Schmidt5. Patents and Open Access in the Knowledge Economy Ulf Petrusson6. Free Access, Including Freedom to Imitate, as a Legal Principle – A Forgotten Concept?Ansgar OhlyPART II: FINETUNING THE SCOPE OF PROTECTION: LIMITATIONS AND EXCEPTIONS7. Maximising Permissible Exceptions to Intellectual Property RightsAndrew F. Christie8. Overprotection and Protection Overlaps in Intellectual Property Law – the Need for Horizontal Fair Use DefencesMartin Senftleben9. Intellectual Property and Technology – Looking for the Twelfth Camel? Maciej Barczewski and Jerzy ZajadloPART III: IP RIGHTS AS OBJECTS OF PROPERTY10. Individual, Multiple and Collective Ownership of Intellectual Property Rights – Which Impact on Exclusivity?Alexander Peukert11. Proprietary Transactions in Intellectual Property in England and Germany: Transfer of Ownership, Licensing, and Charging Stefan Enchelmaier12. Control of Museum Art Images: The Reach and Limits of Copyright and LicensingKenneth D. Crews and Melissa A. BrownPART IV: INTERNATIONAL IP LAW: ONE SIZE DOES NOT FIT ALL13. Exploring the Flexibilities of the TRIPS Agreement’s Provisions on Limitations and Exceptions Christophe Geiger14. The Concept of Sustainable Development in International IP Law – New Approaches from EU Economic Partnership Agreements? Henning Grosse Ruse-KhanIndex