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

Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved.

This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.

Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.

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
Séverine 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 D’Erme, 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