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Vol 23 No 5 May/June 2018

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The Internet and the Emerging Importance of New Forms of Intellectual Property

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ISBN13: 9789041167897
Published: August 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £122.00

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The Internet and the Emerging Importance of New Forms of Intellectual Property scrutinizes the existence of commonalities in the realm of intellectual property (IP) rights. The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of IP. Not only do these rights generally have less solid normative footing and few, if any, well-understood inherent limits, but the borders of their misappropriation are hard to draw as well. This book poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights.

What’s in this book:

Sixteen distinguished contributors offer in-depth analyses of such rights as the following: ;

  • trade secrets;
  • image and publicity rights;
  • geographical indications;
  • traditional knowledge;
  • protection of databases; and
  • sports rights and ambush marketing.
Recommendations and solutions put forth in the book include the use of specialized courts or judges and of private standards, and these suggestions help in moving towards a synthesis of the legal status for ‘new’ forms of IP rights. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two final chapters discuss the complexities of enforcement which impacts substantive IP and can be said to be its own ‘form’ of IP.

How will this help you:

Being a groundbreaking work on the new forms of IP rights, this book clarifies the legal status of ‘new’ forms of IP and provides a systematic analysis of how IP law applies to intangible rights beyond patent, trademark, and copyright. The book serves as a useful springboard to litigators and judges for adjudicating IP cases arising from Internet use. Practitioners, judges, and policymakers will all welcome this work. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

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Intellectual Property Law, Internet Law
List of Editors and Contributors
Introduction Susy Frankel & Daniel Gervais

Part I Going Global
Chapter 1 Enforcing Intellectual Property Claims Globally When Rights Are Defined Territorially Rochelle C. Dreyfuss
Chapter 2 An Economy of Scarcity (of Smart Information) Margaret Chon
Chapter 3 Passing Off, the Internet, and the Global Marketplace Barbara Lauriat

Part II Publicity Rights for People and Events
Chapter 4 The Right of Publicity: A Cautionary Tale from the United States Stacey L. Dogan
Chapter 5 Pictorial Publics, the Visual Internet and Image Rights Megan Richardson & Julian Thomas
Chapter 6 Sui Generis Protection for Sporting Emblems and Words: A Triumph of Pragmatism Over Principle Susan Corbett & Alexandra Sims

Part III Sui Generis Rights to Safeguard Culture
Chapter 7 Reconciling Tradition and Innovation: Geographical Indications of Origin as Incentives for Local Development and Expressions of a “Good Quality Life” Irene Calboli
Chapter 8 Traditional Cultural Heritage and Alternative Means of Regulation: Issues of Access and Restriction Online Jessica C. Lai

Part IV Beyond Copyright and Patents
Chapter 9 Something Completely Different: Europe’s Sui Generis Database Right P. Bernt Hugenholtz
Chapter 10 Trade Secret Harmonization and the Search for Balance Sharon K. Sandeen
Chapter 11 China’s Approach to Trade Secrets Protection: Is a Uniform Trade Secrets Law in China Needed? Ping Xiong

Part V The Problems and Opportunities of Enforcement
Chapter 12 Enforcement: A Neglected Child in the Intellectual Property Family Peter K. Yu
Chapter 13 Are New Modes of Criminal and Civil Enforcement a New Form of Intellectual Property? Reto M. Hilty