Preface |
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xiii | |
Greetings to Annette Kur from the Second Floor |
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1 | (2) |
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Annette Kur: Toward Understanding |
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3 | (10) |
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13 | (70) |
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1 Transitional Provisions in Intellectual Property Legislation |
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15 | (10) |
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2 Judicial Creativity and Transitions in EU Intellectual Property Law |
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25 | (21) |
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3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand's Copyright Law |
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46 | (10) |
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4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law |
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56 | (12) |
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5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective |
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68 | (15) |
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B INTERNATIONAL COMMITMENTS AND CONSTRAINTS |
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83 | (72) |
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6 Global Intellectual Property: Transition and Coherence through Rules of Interpretation |
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85 | (11) |
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7 Article 20 of the TRIPS Agreement: Up in Smoke? |
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96 | (11) |
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8 Implementing Treaty Obligations at the National Level |
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107 | (14) |
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9 Multiple and Overlapping Transitions in IP |
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121 | (12) |
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10 Transition and Continuity in the Private International Law of Intellectual Property |
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133 | (12) |
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11 From Nintendo Wii to Perfumes, Driving a BMW Car: A Tale of Transition to the Wrong Kind of Coherence |
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145 | (10) |
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C NEW AGENTS AND THE CHALLENGE OF NEW TECHNOLOGIES |
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155 | (56) |
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12 Transition through Automation |
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157 | (17) |
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13 Eye, Robot: Artificial Intelligence and Trade Mark Registers |
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174 | (17) |
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14 Patent Protection of Inventions Involving Artificial Intelligence |
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191 | (9) |
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15 Automated Profiling in New Media and Entertainment Markets: What to Protect, and How? |
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200 | (11) |
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A Intellectual "Property" And Its Limits |
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211 | (94) |
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16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System |
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213 | (11) |
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17 The Threefold Fictitiousness of Intellectual Property |
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224 | (8) |
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18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence |
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232 | (10) |
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19 Open Yet Secret - Trading of Tangible Goods and Trade Secrets |
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242 | (12) |
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20 From Smorgasbord to New Nordic Cuisine: EU Harmonization of Trade Secrets Protection in the Nordic Countries |
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254 | (9) |
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21 Trade Mark Rights and Parallel Imports vis-a-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test |
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263 | (9) |
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22 Legal Concept of "Exhaustion": Exhausted? |
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272 | (12) |
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23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP |
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284 | (10) |
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24 "Accessory Exhaustion" - and Use of a Work as a Work |
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294 | (11) |
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305 | (100) |
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25 Intellectual Property in Transition: The Several Sides of Overlapping Copyright and Trademark Protection |
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307 | (15) |
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26 Cultural Heritage and the Public Domain: What the US's Myriad and Mayo can Teach Oslo's Angry Boy |
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322 | (10) |
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27 Public Order in the Light of Aesthetic Theory: The Copyright/Trademark Interface after Vigeland |
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332 | (12) |
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28 Separability as Channeling: A Cautionary Tale |
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344 | (8) |
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29 Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law |
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352 | (12) |
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30 Examining Functionality |
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364 | (9) |
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31 Substantial Value and the Concept of Shapes |
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373 | (9) |
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32 Copyright and Patents on Software: The UPC's Answer to an Old Problem of Intellectual Property Overlaps |
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382 | (10) |
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33 Chopping off Hydra's Heads: Spare Parts in EU Design and Trade Mark Law |
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392 | (13) |
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405 | (82) |
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34 Geographical Indications as Intellectual Property Rights - Beyond Transition and Coherence |
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407 | (9) |
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35 Presence or Absence of Coherence in Trade Identity Protection in the European Union |
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416 | (12) |
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Alexander von Miihlendahl |
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36 Virtue Ethics and Private Law - A Sketch |
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428 | (8) |
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37 Closing the Gap: How EU Law Constrains National Rules Against Imitation |
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436 | (11) |
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38 European Union Law and Slavish Imitation: An Update in Honour of Annette Kur |
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447 | (13) |
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39 The German Misappropriation Origins of Trademark Antidilution Doctrine: A Translation of the 1924 Odol Opinion of the Elberfeld Landgericht |
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460 | (7) |
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40 The Relationship between the Unfair Competition Regime and IP Law |
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467 | (11) |
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41 Comparative Advertising: Does Trade Mark Law Over- or Under-Protect the Average Consumer? A Couple of Recent Examples of Asian Jurisdictions Going their Own Way |
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478 | (9) |
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487 | |
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42 Transition and Coherence in Intellectual Property Law |
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489 | |
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