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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Intellectual Property at the Edge

ISBN13: 9781107034006
Published: June 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £80.00

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Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon.

It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes.

All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

Intellectual Property Law
Foreword: a real property lawyer cautiously inspects the edges of intellectual property Carol Rose

Part I. Right of Publicity:
1. Haelan Laboratories v. Topps Chewing Gum: publicity as a legal right Stacey Dogan
2. Do the French have their own 'Haelan' case? The droit ... l'image as an emerging intellectual property David Lefranc

Part II. Dilution:
3. The suppressed misappropriation origins of trademark antidilution law: the Landgericht Elberfeld's Odol decision and Frank Schechter's The Rational Basis of Trademark Protection Barton Beebe
4. Dilution as unfair competition: European echoes Graeme Dinwoodie

Part III. Geographic Indications:
5. Spanish champagne? An unfair competition approach to GI protection Dev Gangjee
6. A cognac after Spanish champagne? Geographical indications as certification marks Daniel Gervais

Part IV. Design Protection:
7. The Fashion Originators' Guild of America: self-help at the edge of IP and antitrust C. Scott Hemphill and Jeannie Suk
8. IP at the edges - protection for fashion: the European experience Annette Kur

Part V. Traditional Knowledge:
9. 'Ka Mate Ka Mate' and the protection of traditional knowledge Susy Frankel
10. Comments on 'Ka Mate Ka Mate' and the protection of traditional knowledge Silke von Lewinski

Part VI. 'Paracopyright': Technological Protection Measures:
11. Paracopyright - a peculiar right to control access Joseph Liu
12. The protection of technological measures: much ado about nothing or silent remodelling of copyright? Severine Dusollier

Part VII. Trade Secrets:
13. A legal tangle of secrets and disclosures in trade: Tabor v. Hoffman and beyond Jeanne Fromer
14. Patents and trade secrets in England: the case of Newbery v. James (1817) Lionel Bently

Part VIII. Open Innovation:
15. Legal but unacceptable: Pallin v. Singer and physician patenting norms Katherine Strandburg
16. Physicians as user innovators Stefan Bechtold

Part IX. Limitations: Patent Subject Matter and Scope:
17. Funk forward Ted Sichelman
18. Patent eligibility and scope revisited in light of Schutz v. Werit and European copyright jurisprudence Justine Pila

Part X. Limitations: Copyright and Trademark Defences:
19. Make me walk, make me talk, do whatever you please: Barbie and exceptions Rebecca Tushnet
20. Parody and IP claims: a defence? - A right to parody? Robin Jacob.