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Intellectual Property at the Crossroads of Trade

Edited by: Jan M. Rosen

ISBN13: 9781781951682
Published: November 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition. The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement. This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.

Subjects:
Intellectual Property Law
Contents:
PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW
1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons To Be Learned for WTO/TRIPS? Josef Drexl
2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans
3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp
4. An American Tale: The Unclear Territoriality Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli
5. The Need to Harmonize Intellectual Property Licensing Law - A European Perspective Jaques de Werra
6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman
7. New Licensing Models for Online Services in the European Union: From Collective to Customized Management Giuseppe Mazziotti

PART II: ASPECTS ON ACTA
8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger
9. Two Tales of a Treaty Revisited: The Final Draft of the Proposed Anti-Counterfeiting Trade Agreement (ACTA) and What it Means for Intellectual Property Enforcement Charles R. McManis and John Pelletier
10. ACTA, Internet Service Providers and the Aqcuis Communautaire Irini Stamatoudi
11. ACTA and Access to Medicines in the Perspective of Theory and Hard Cases Maciej Barczewski and Sebastian Sykuna
Index