Print page

The Structure of Intellectual Property Law

Can One Size Fit All? Edited by Annette Kur, Professor Dr, Dr h.c., Senior Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany and Vytautas Mizaras, University of Vilnius, Lithuania
This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.
Extent: 384 pp
Hardback Price: $204.00 Web: $183.60
Publication Date: 2011
ISBN: 978 1 84844 876 6
Availability: In Stock
$0.00

Buy the E-book

Join our mailing list

  • Law - Academic
  • Intellectual Property Law
This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

The expert contributors explore the legal tools that are available to adjust IP protection to different needs and circumstances and how much flexibility exists to employ these tools. In providing answers to these and other similar questions, the book helps to resolve the fundamental question of whether one size can really fit all in the domestic and international context.

Uncovering the general matrix of IP, The Structure of Intellectual Property Law will appeal to researchers in law, economics and business, students in intellectual property, competition law and economics, as well as practitioners and policymakers.
‘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
Contributors: M. Barczewski, M.A. Brown, M.W. Carroll, A.F. Christie, K.D. Crews, G.B. Dinwoodie, S. Enchelmaier, C. Geiger, H. Grosse Ruse-Khan, A. Ohly, R.J.R. Peritz, U. Petrusson, A. Peukert, C. Schmidt, M. Senftleben, J. Zajadlo
Contents:

Foreword

Introduction

PART I: THE GENERAL FRAMEWORK: FOUNDATION AND LIMITS OF IP PROTECTION
1. Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property Law
Graeme B. Dinwoodie

2. A Framework for Tailoring Intellectual Property Rights
Michael W. Carroll

3. Patents and Progress: The Economics of Patent Monopoly and Free Access: Where Do We Go From Here?
Rudolph J.R. Peritz

4. Comment: Some Economic Considerations Regarding Optimal Intellectual Property Protection
Claudia Schmidt

5. Patents and Open Access in the Knowledge Economy
Ulf Petrusson

6. Free Access, Including Freedom to Imitate, as a Legal Principle – A Forgotten Concept?
Ansgar Ohly

PART II: FINETUNING THE SCOPE OF PROTECTION: LIMITATIONS AND EXCEPTIONS
7. Maximising Permissible Exceptions to Intellectual Property Rights
Andrew F. Christie

8. Overprotection and Protection Overlaps in Intellectual Property Law – the Need for Horizontal Fair Use Defences
Martin Senftleben

9. Intellectual Property and Technology – Looking for the Twelfth Camel?
Maciej Barczewski and Jerzy Zajadlo

PART III: IP RIGHTS AS OBJECTS OF PROPERTY
10. Individual, Multiple and Collective Ownership of Intellectual Property Rights – Which Impact on Exclusivity?
Alexander Peukert

11. Proprietary Transactions in Intellectual Property in England and Germany: Transfer of Ownership, Licensing, and Charging
Stefan Enchelmaier

12. Control of Museum Art Images: The Reach and Limits of Copyright and Licensing
Kenneth D. Crews and Melissa A. Brown

PART IV: INTERNATIONAL IP LAW: ONE SIZE DOES NOT FIT ALL
13. Exploring the Flexibilities of the TRIPS Agreement’s Provisions on Limitations and Exceptions
Christophe Geiger

14. The Concept of Sustainable Development in International IP Law – New Approaches from EU Economic Partnership Agreements?
Henning Grosse Ruse-Khan

Index