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Individualism and Collectiveness in Intellectual Property Law

Edited by Jan Rosén, Professor of Private Law, Stockholm University, Sweden and ATRIP President 2009–2011
Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.
Extent: 392 pp
Hardback Price: $165.00 Web: $148.50
Publication Date: 2012
ISBN: 978 0 85793 897 8
Availability: In Stock
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  • Law - Academic
  • Intellectual Property Law
Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.

This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process.
‘Published by Edward Elgar as part of their admirable ATRIP intellectual property series, this book should have an immediate appeal to intellectual property law scholars everywhere, certainly worldwide. . . For those involved in the field of intellectual property this book provides much information and food for thought based on what we would conclude is much original, thorough and extensive research by a very select and talented grouping of specialist IP lawyer, the book is certainly interesting reading and, we would have thought, an essential purchase for your library.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors: I. Calboli, L. Carlson, J. Cross, M. Graner, F.W. Grosheide, S.A. Hetcher, R.M. Hilty, S. Nérisson, A. Oyewunmi, R.J.R. Peritz, A. Peukert, O.-A. Rognstad, J. Rosén, J. Schovsbo, G. Van Overwalle, S. von Lewinski, K. Weckström, S. Wolk, H. Xue
Contents:

Preface

Opening Remarks to the 2010 ATRIP Congress

PART I: IP RIGHTS AND COMPETITION LAW
1. Individual, Multiple and Collective Ownership: What Impact on Competition?
Reto M. Hilty

2. The Law and Economics of Progress: IP Rights and Competition Policy
Rudolph J.R. Peritz

3. The Multiplicity of Territorial IP Rights and its Impact on Competition
Ole-Andreas Rognstad

PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW
4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing
Geertrui Van Overwalle

PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW
5. Collectivism and its Role in the Frame of Individual Contracts
Silke von Lewinski

6. Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules?
Sylvie Nérisson

7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement
Steven A. Hetcher

8. The Necessity to Collectivize Copyright – and Dangers Thereof
Jens Schovsbo

9. Two Perspectives on the Proposed Google Book Settlement
John Cross and Fredrik Willem Grosheide

PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW
10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States
Irene Calboli

11. The Competitive Significance of Collective Trademarks
Alexander Peukert

12. Multinationals’ Global Governance on the Internet
Hong Xue

13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports
Katja Weckström

PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS
14. Virtual Teachers: A Copyright Paradox?
Laura Carlson and Sanna Wolk

15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa
Adejoke Oyewunmi

Index