Description
Book SynopsisThe 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.
Trade ReviewPublished by Edward Elgar as part of their admirable ATRIP intellectual property series, this book should have an immediate appeal to intellectual property law scholars everywhere, certainly worldwide. . . For those involved in the field of intellectual property this book provides much information and food for thought based on what we would conclude is much original, thorough and extensive research by a very select and talented grouping of specialist IP lawyer, the book is certainly interesting reading and, we would have thought, an essential purchase for your library. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Table of ContentsContents: Preface Opening Remarks to the 2010 ATRIP Congress 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: IP Rights and Competition Policy Rudolph J.R. Peritz 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Ole-Andreas Rognstad PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing 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 Nérisson 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven A. Hetcher 8. The Necessity to Collectivize Copyright – and Dangers Thereof Jens Schovsbo 9. Two Perspectives on the Proposed Google Book Settlement John Cross and Fredrik Willem Grosheide PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States Irene Calboli 11. The Competitive Significance of Collective Trademarks Alexander Peukert 12. Multinationals’ Global Governance on the Internet Hong Xue 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Katja Weckström PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS 14. Virtual Teachers: A Copyright Paradox? Laura Carlson and Sanna Wolk 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Adejoke Oyewunmi Index
