International Intellectual Property
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International Intellectual Property

A Handbook of Contemporary Research

9781782544791 Edward Elgar Publishing
Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US
Publication Date: 2015 ISBN: 978 1 78254 479 1 Extent: 528 pp
International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book contains both doctrinal analyses and groundbreaking theoretical research by many of the most recognized leading experts in the field. It offers overviews of the major international instruments, with specific chapters on the Berne and Paris Conventions, the Patent Cooperation treaty and several chapters that discuss parts of the TRIPS Agreement. The book can also be used by students of international intellectual property to obtain useful knowledge of major institutions and instruments, and to gain an understanding of ongoing discussions.

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Critical Acclaim
Contributors
Contents
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International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field.

The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognised experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement.

This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation.
Critical Acclaim
‘An ever-increasing part of the value of all the goods and services that are traded in the world today is in their intellectual property. Daniel Gervais knows this, and he shows this understanding in the selections he chooses to grace these pages. His combination of practical and professorial expertise puts the editorial stamp of authority on this highly useful selection of topical essays ranging across many contemporary global intellectual property concerns.’
– James Bacchus, former Chairman of the Appellate Body of the World Trade Organization

‘This book contains a number of very interesting chapters written by some of the most distinguished scholars in the field of international intellectual property (IP) law.’
– Michael Blakeney, European Intellectual Property Review
Contributors
Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, T. Henninger, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu





Contents
Contents:

Preface
Daniel J. Gervais

PART I HISTORICAL AND INSTITUTIONAL ASPECTS
1. The Berne Convention: Historical and Institutional Aspects
Sam Ricketson and Jane Ginsburg

2. International Patent Law: Principles, Major Instruments and Institutional Aspects
Philippe Baechtold, Tomoko Miyamoto and Thomas Henninger

3. The Non-multilateral Approach to International Intellectual Property Normsetting
Peter K.Yu

4. An International Acquis: Integrating Regimes and Restoring Balance
Graeme B. Dinwoodie and Rochelle C. Dreyfuss

PART II COPYRIGHT ISSUES
5. Understanding the “Three-step Test”
Christophe Geiger, Daniel J. Gervais and Martin Senftleben

6. Orphanworks: A Comparative and International Perspective
Katharina de la Durantaye

PART III PATENTS AND INNOVATION ISSUES
7. Traditional Knowledge and Innovation as a Global Concern
Susy Frankel

8. The Limits of Patents
Elizabeth F. Judge and Daniel J. Gervais

9. A Protocol to Evaluate the Impact of Intellectual Property on Innovation Outcomes
Geoffrey R. Scott

10. The Patent Cooperation Treaty
Cees A.M. Mulder

PART IV TRADEMARKS AND RELATED ISSUES
11. Reconciling Trademark Rights and Free Expression Locally and Globally
Lisa P. Ramsey

12. Reconciling International Obligations to Protect Health and Trademarks: A Defense of Trademarks as Property
Sam F. Halabi

13. Anti-dilution Protection of Luxury Brands in the Global Economy
Haochen Sun

14. Of Markets, Culture, and Terroir: The Unique Economic and Culture-related Benefits of Geographical Indications of Origin
Irene Calboli

Index

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