Kritika: Essays on Intellectual Property


Kritika: Essays on Intellectual Property

Volume 2

9781786438980 Edward Elgar Publishing
Edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy, Hanns Ullrich, Professor Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany and Peter Drahos, Professor Emeritus, European University Institute, Florence, Italy and Professor Emeritus, Australian National University, Canberra, Australia
Publication Date: 2017 ISBN: 978 1 78643 898 0 Extent: 224 pp
The fields of intellectual property have 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. Kritika: Essays on Intellectual Property is a series of books designed to fulfil this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Volume 2 covers issues such as inter alia the current limits of knowledge and approaches to intellectual property, a functional account of intellectual property rights, China’s approach to innovation and intellectual property, the emergence of multi-layered IP-protection for designed objects, and the trajectory of increased protection for intellectual property.

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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.

This second volume of Kritika again brings together leading scholars from different fields and disciplines, who in their essays offer reflections on the topics of cognitive dissonance in the economics of patent protection; how innovation flourishes in China’s ‘fertile land of intellectual property piracy’; determining the legitimate enclosure of IP exclusivity; the revival of the essential facilities doctrine as a result of patents blocking access to standards; disciplining cumulative protection of the design of mass products; trademark law’s reluctance to recognize a sign’s degeneration into a common product designation; geographies of taste, fashion and tradition; and on the risk of ever-increasing intellectual property protection backfiring on its zealous promoters.

With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel Vivant
Critical Acclaim
‘This is a very impressive collection of essays which feels relevant and comprehensive. The book deals with the spectrum of IP rights, drawing useful comparisons between them and keeping the material fresh and varied.’
– Journal of Intellectual Property Law & Practice
Contributors: G. Colangelo, V. Di Cataldo, S. Frankel, J. Gibson, K.E. Maskus, R. Pardolesi, T. Riis, J. Schovsbo, K. Shao, M. Vivant

1. Cognitive dissonance in the economics of patent protection, trade and development
Keith E. Maskus

2. Taobao, WeChat and Xiaomi: how innovation flourishes in China’s ‘fertile land of intellectual property piracy’
Ken Shao

3. Intellectual property rights and their functions: determining their legitimate ‘enclosure’
Michel Vivant

4. Intellectual property, standards, and antitrust: a new life for the essential facilities doctrine? Some insights from the Chinese regulation
Giuseppe Colangelo and Roberto Pardolesi

5. Design law: caught between chairs?
Jens Schovsbo and Thomas Riis

6. The development of trade marks into common names of products: a strong push towards a purely objective view of language evolution
Vincenzo Di Cataldo

7. Geographies of taste, fashion, tradition and place
Johanna Gibson

8. It’s raining carrots: the trajectory of increased intellectual property protection
Susy Frankel


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