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Europeanization of Intellectual Property Law: Towards a European Legal Methodology [Kietas viršelis]

Edited by (Lecturer, University of Oxford), Edited by (Ludwig Maximilian University of Munich)
  • Formatas: Hardback, 318 pages, aukštis x plotis x storis: 240x183x23 mm, weight: 638 g
  • Išleidimo metai: 07-Nov-2013
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199665109
  • ISBN-13: 9780199665105
Kitos knygos pagal šią temą:
Europeanization of Intellectual Property Law: Towards a European Legal MethodologyDidesnis paveikslėlis
  • Formatas: Hardback, 318 pages, aukštis x plotis x storis: 240x183x23 mm, weight: 638 g
  • Išleidimo metai: 07-Nov-2013
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199665109
  • ISBN-13: 9780199665105
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780199665105.html
Raktažodžiai:
With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order.

The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology.

Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

Recenzijos

This edited collection is an excellent guide and read for those searching for the lore behind European IP. The ambition to explore IP as a case study in private law Europeanisation is unique and a real contribution to scholarship in Europe and elsewhere It further emphasizes the uniqueness of IP as an independent field for judicial enquiry and not merely as a species of property. This edited collection succeeds in offering a natural starting point for thinking about a common European legal method, and the form which such a method might and ought to take (p.23) It is not only a fascinating journey through the thoughts and wisdom of the leading experts that have contributed to the volume, but a real pioneering learning experience. * Lior Zemer, Radzyner School of Law, Interdisciplinary centre, Herzliya * The book offers an insightful approach to an area of EU law that remains relatively unexplored, although increasingly significant. The result is a thought-provoking book. Thanks to comprehensive theoretical analysis, intriguing perspective, and critical account of historical developments, and the Europeanization of Intellectual Property Law is a book for everyone interested in the future of EU intellectual property law and private law in general. * Stavroula Karapapa, Yearbook of European Law *

Table of Cases
xiii
Table of Legislation
xxi
List of Contributors
xxvii
List of Abbreviations
xxix
I The Europeanization of Intellectual Property Law
1 Intellectual Property as a Case Study in Europeanization: Methodological Themes and Context
3(22)
A Introduction
3(3)
B International Cooperation in the Field of IP Law
6(3)
C The Making of European IP Law
9(10)
D The Impact of European IP Law on Member States
19(6)
2 An Overview of European Harmonization Measures in Intellectual Property Law
25(14)
A Introduction
26(1)
B Patents
26(4)
C Trade Marks
30(1)
D Designs
31(1)
E Plant Variety Rights
32(1)
F Copyright and Related Rights
32(2)
G Selected Horizontal Measures
34(1)
H Selected Adjectival Measures
34(1)
I Conclusions
35(4)
II Harmonization Models and Approaches
3 The Europeanization of Patent Law: Towards a Competitive Model
39(18)
A Introduction
39(1)
B Comparing the Reasons for Harmonization in IP Law and General Private Law
40(3)
C How Should Harmonization be Pursued?
43(6)
D Will Parties Choose the Unitary Patent? On Convergence through Choice
49(5)
E Conclusions
54(3)
4 Is Harmonization a Good Thing? The Case of the Copyright Acquis
57(18)
A Introduction
57(1)
B The Harmonization of Copyright and Related Rights in the EU
58(6)
C The Pros and Cons of Harmonization
64(4)
D Territoriality in European Copyright
68(3)
E The Way Forward: Towards Unification of EU Copyright Law
71(4)
5 The Europeanization of Trade Mark Law
75(28)
A Introduction
75(2)
B The Characteristics of EU Trade Mark Harmonization
77(14)
C The Development of European Principles
91(8)
D Conclusion
99(4)
III The Impact of General EU Law
6 The Impact of General EU Law on Industrial Property Law
103(18)
A The Ages of Community Law
103(2)
B A Thought Experiment at CERN
105(1)
C A Trial Run for the Experimental Technique
106(2)
D Trade Marks
108(3)
E Patents
111(2)
F Copyright
113(2)
G In Retrospect
115(1)
H A Popular Analogy
116(5)
7 The Balancing Impact of General EU Law on European Intellectual Property Jurisprudence
121(24)
A The Impact of General EU Law on Intellectual Property
122(1)
B An Overview of the CJEU Case Law on IP
122(2)
C The Role of the CJEU in Applying General EU Law and in Interpreting Secondary IP Law
124(4)
D Non-discrimination
128(2)
E Preservation of National Property
130(2)
F Balancing IP with Economic Freedoms of the Treaty
132(1)
G Free Movement and IP
133(3)
H Undistorted Competition and IP
136(6)
I Conclusion
142(3)
IV The Impact of Constitutional Rights and Values
8 European Fundamental Rights and Intellectual Property
145(20)
A Introduction
145(2)
B The European Human Rights System
147(6)
C Fundamental Rights and IP Legislation
153(3)
D Fundamental Rights and the Application of IP Law
156(6)
E Conclusion
162(3)
9 Rhetoric and Reality: The Impact of Constitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of Peer-to-Peer File Sharing
165(20)
A The Framework of Fundamental and Human Rights
165(5)
B Fundamental and Human Rights in Action---The Case of Peer-to-Peer (P2P) File Sharing
170(10)
C Conclusion
180(5)
V European and National Courts
10 The Relationship between European and National Courts in Intellectual Property Law
185(14)
A Relationships between Courts Below and Appeal Courts in General
185(3)
B Relationships between National Courts of Different European Countries
188(4)
C Relationships between the European Patent Office and National Courts
192(4)
D Relationships between National Courts and the Court of Justice of the European Union
196(3)
11 Towards a Unified Patent Court in Europe
199(18)
A Will the Unified Patent Court Soon Become a Reality?
199(3)
B Is the Situation with Regard to Patent Litigation in Europe Unsatisfactory?
202(7)
C The Unified Patent Court: Structure and Jurisdiction
209(3)
D Which Challenges will the Unified Patent Court Face?
212(4)
E Conclusion
216(1)
12 The Future of European Intellectual Property Law Courts: Intellectual Property and the European Judicial Architecture
217(10)
A Starting Point: EU Judicial Architecture and Intellectual Property Now
217(1)
B Two Options for Handling Trade Marks
218(3)
C Patents
221(1)
D Conclusion
222(5)
VI Towards a European Legal Methodology?
13 A Constitutionalized Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology
227(28)
A Introduction
227(3)
B The Nature and Role of a European Legal Methodology
230(3)
C Lessons from European Patent Law- and Decision-Making
233(7)
D Towards a European Legal Methodology?
240(12)
E Conclusion
252(3)
14 Concluding Remarks: Postmodernism and Beyond
255(14)
A Postmodernism in European Intellectual Property Law
255(1)
B Models of Harmonization
256(4)
C The Benefits and Costs of Harmonization
260(2)
D The Institutional Design of EU Courts
262(2)
E Intellectual Property as an Embedded Part of the Legal System
264(2)
F Building Blocks for a European Methodology
266(1)
G Beyond Postmodernism
267(2)
Index 269
Professor Ansgar Ohly has a chair in civil law and IP law at the University of Bayreuth, Germany. He joined the University of Oxford as a Visiting Professor of Law in October 2009. His fields of research are all areas of intellectual property law, unfair competition law and the law of privacy and publicity, with a special focus on European harmonisation and on the comparison between civil law and common law systems.

Dr Justine Pila is a university lecturer in IP law at the University of Oxford. She is the author of The Requirement for and Invention in Patent Law (OUP, 2012). She convenes the Law Faculty's Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice. Her main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. Prior to 2004 Justine had been writing her PhD after a stint in private practice and working for the Chief Justice of the Australian Federal Court.