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The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional? Drawn together by leading IP scholar Graeme Dinwoodie, these questions and others are answered carefully and reflectively by a team of expert international contributors.
An undergraduate textbook written specifically for law students, setting out the core principles for each of the main intellectual property rights in an understandable fashion. The law presented is that of the UK, as it is shaped by European Union and Convention obligations.
ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
Commercial and Intellectual Property Law and Practice provides a detailed guide to the four major elements of commercial law and practice. Part I offers a thorough introduction to commercial agreements; Part II tackles the additional problems created when drafting international sales agreements; Part III introduces the protection and exploitation of intellectual property; and Part IV outlines the general principles of competition law and examines how it may affect the drafting and operation of commercial agreements. The book has been developed to provide international comparisons and context in key areas of commercial and IP law, alerting students and practitioners to issues they may encounter in cross-border practice, from international conventions which harmonise rights and obligations, to notable variations in how domestic laws control trading activity.This wide-ranging area of study and practice continues to expand, almost exponentially, with the pace of globalisation. That is unlikely to change and it is intended that this work will continue to respond to the needs and requirements of readers, having regard to the reality that in-depth scrutiny of complex topics will remain the preserve of more specialist works.
In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What
Intellectual Property Rights for Engineers explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues.