Kritika: Essays on Intellectual Property


Kritika: Essays on Intellectual Property

Volume 1

9781784712051 Edward Elgar Publishing
Edited by Peter Drahos, Professor Emeritus, European University Institute, Florence, Italy and Professor Emeritus, Australian National University, Canberra, Australia, Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy and Hanns Ullrich, Professor Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany
Publication Date: September 2015 ISBN: 978 1 78471 205 1 Extent: 352 pp
The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

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Critical Acclaim
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The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

With a view to setting in train a process of emergent critical scholarship, this inaugural volume of Kritika brings together leading scholars from the different fields of the discipline, reflecting on the private regulatory power of patents; the role of competition law in the search for the holy grail of balance in IP; the fictions of patent law; the anthropological relativism of IP; the historical transmission processes behind the IP concept; the vanishing paradigm of exclusivity in a digital environment; models of inclusive patents serving open innovation; and the rhetoric behind the copyright ratchet.

Critical Acclaim
‘One can say that the editors of Kritika: Essays on Intellectual Property—Volume I have not just kept to, but have rather exceeded the expectations. The thoughtful and well-written contributions showcase the breadth of current IP scholarship and provide extremely useful summaries of the current debates. Indeed, the reader can pause and reflect on core issues in the field of IP law. This book is therefore a wonderful read for anyone interested in intellectual property and its academic discourse.’
– Journal of Intellectual Property Law & Practice
Contributors: F.M. Abbott, S. Anderman, C.M. Correa, M. Forsyth, A. Peukert, M. Ricolfi, G. Van Overwalle, P.K. Yu


1. Rethinking Patents: from “Intellectual Property” to "Private Taxation Scheme"
Frederick M. Abbott

2. Overplaying the Innovation Card: The Stronger Intellectual Property Rights and Competition Law
Steve Anderman

3. Patent Examination and Legal Fictions: How Rights are Created on Feet of Clay
Carlos M. Correa

4. Making Room for Magic in Intellectual Property Policy
Miranda Forsyth

5 . Intellectual Property: The Global Spread of a Legal Concept
Alexander Peukert

6 . The New Paradigm of Creativity and Innovation and Its Corollaries for the Law of Obligations
Marco Ricolfi

7. Inventing Inclusive Patents. From Old to New Open Innovation
Geertrui Van Overwalle

8. The Confuzzling Rhetoric Against New Copyright Exceptions
Peter K. Yu

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