The Common Law of Intellectual Property Essays in Honour of Professor David Vaver 1st edition by Catherine, Lionel Bently, Giuseppina Agostino 184113970X 9781841139708

The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver 1st edition by Catherine Ng, Lionel Bently, Giuseppina D’Agostino – Ebook PDF Instant Download/Delivery 184113970X, 978-1841139708

Product details:

ISBN 10: 184113970X
ISBN 13: 978-1841139708
Author: Catherine Ng, Lionel Bently, Giuseppina D’Agostino

This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford.

The essays, written by some of the world’s leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the ‘common law family’ (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition.

The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.

Table of contents:

1. Emerging Divergences in the Common Law of Intellectual Property: An Overview
2. Intellectual Property and the Common Law in Scotland 
3. On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence: Appreciating ‘the humble grey which emerges as the result of long controversy’
4. The Relationship between UK Common Law and the European Systems in the Context of Res Judicata
5. The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canada
6. Emergent Diversity in the Common Law Relating to Intellectual Property: How Domestic Court Practice
Informs Local Evolution of Law
7. A Common Law Prescription for a Medical Malaise
8. Claiming a Life: are Organisms Inherently Unpatentable?
9. Divergent Approaches in Defi ning the Appropriate Level of Inventiveness in Patent Law
10. Suffi ciency of Disclosure in the Common Law: Complexity, Divergence and Confusion
11. Common Law Approaches to the Requirement of Originality
12. Finding Originality in Recreative Copyright works
13. The Emancipation of Fair Use in Israel
14. Unfair Competition by Misappropriation: the Reception of International News in the Common Law World
15. The Common Law and Trade Marks in an Age of Statutes
16. Protecting Extraterritorial Goodwill: Exploring the Impetus Behind a Common Law
17. Death of a Trade Mark Doctrine? Dilution of Anti-Dilution
18. Postscript: Was There Ever a Common Law of Intellectual Property?

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