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Individualism and Collectiveness in Intellectual Property Law

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Edited by: Jan Rosen

ISBN13: 9780857938978
Published: January 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £101.00



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Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book. This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process.

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Subjects:
Intellectual Property Law
Contents:
The Editor's Introduction Jan Rosen Word of Welcome Magnus Graner
PART I: IP RIGHTS AND COMPETITION LAW
1. Individual, Multiple and Collective Ownership - What Impact on Competition? Reto M. Hilty
2. The Law and Economics of Progress J.R. Peritz
3. The Multiplicity of Territorial IP Rights and its Impact on Competition O.A. Rognstad
PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW
4. Individualism, Collectivism and Openness in Patent Law. Promoting Access through Exclusion Geertrui van Overwalle
PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW
5. Collectivism and its Role in the Frame of Individual Contracts Silke von Lewinski
6. Ownership of Copyright and Investment Protection Rights in Teams and Networks. Need for New Rules? Sylvie Nerisson
7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven Hetcher
8. Necessity to Collectivize Copyright Jens Schovsbo
9. Two Perspectives on the Proposed Google Book Settlement John Cross and Willem Grosheide
PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TM LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising Irene Calboli
11. Competitive Significance of Trademarks Alexander Peukert
12. Multinationals' Global Governance Hong Xue
13. TM Take-over or Sui Generis Regimes Katja Weckstrom
PART V: TEACHING AND RESEARCH IN IP LAW - INDIVIDUAL AND COLLECTIVE ASPECTS
14. Virtual Teachers Laura Carlsson and Sandra Wolk
15. The Education Sector and Copyright Issues in the Digital Age - a Perspective from Africa Adejoke Oyewunmi
16. Genetic Resources and Traditional Knowledge O.A. Krauss Torres and L.S. Gomez Madrigal
Index