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The Europeanisation of Intellectual Property Law: Towards a European Legal Methodology

Edited by: Ansgar Ohly, Justine Pila

ISBN13: 9780199665105
Published: November 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £79.00



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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 Europeanisation 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 harmonisation, the pursuit of harmonisation 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 Europeanisation, 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.

Subjects:
Intellectual Property Law, EU Law
Contents:
Introduction

PART I: MODELS OF HARMONISATION
1. Models of Harmonisation
2. The Europeanisation of Trade Mark Law: A Model for Harmonisationa

PART II: PURSUING HARMONISATION
3. European Harmonisation of Intellectual Property Law: Towards a Competitive Model
4. Is Harmonisation a Good Thinga The Case of the Copyright Acquis

PART III: CREATING EUROPEAN IP COURTS
5. Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture
6. On the Proposals for a Unified Patent Court in Europe

PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES
7. Rhetoric and Reality: The Impact of Consitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of P2P
8. The Impact of Constitutional Rights and Values

PART V: THE IMPACT OF GENERAL EU LAW ON IP LAW
9. The Impact of General EU Law on IP Law
10. The Balancing Impact of General EU Law on European IP Jurisprudence

PART VI: EUROPEAN AND NATIONAL COURTS: CO-OPERATION OR CONFRONTATIONN
11. European and National Courts: Co-operation or Confrontationa
12. The Relationship Between European and National Courts

PART VII: TOWARDS A EUROPEAN METHODOLOGYN
13. Towards a European Legal Methodologya
14. Towards a European Legal Methodology: Lessons From Patent Law
15. Conclusion
16. Account of the Conference
17. Conclusing Remarks