Intellectual Property at the Edge: The Contested Contours of IP

Overview

Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, ...
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Intellectual Property at the Edge: The Contested Contours of IP

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Overview

Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
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Meet the Author

Rochelle Cooper Dreyfuss is the Pauline Newman Professor of Law and Co-director of the Engelberg Center on Innovation Law and Policy at New York University School of Law. Her research interests include international and domestic intellectual property law as well as civil procedure.

Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law, where she is also Faculty Director of the Kernochan Center for Law, Media and the Arts. She teaches legal methods, copyright law and trademarks law.

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Table of Contents

Foreword: a real property lawyer cautiously inspects the edges of intellectual property Carol Rose; Part I. Right of Publicity: 1. Haelan Laboratories v. Topps Chewing Gum: publicity as a legal right Stacey Dogan; 2. Do the French have their own 'Haelan' case? The droit à l'image as an emerging intellectual property David Lefranc; Part II. Dilution: 3. The suppressed misappropriation origins of trademark antidilution law: the Landgericht Elberfeld's Odol decision and Frank Schechter's The Rational Basis of Trademark Protection Barton Beebe; 4. Dilution as unfair competition: European echoes Graeme Dinwoodie; Part III. Geographic Indications: 5. Spanish champagne? An unfair competition approach to GI protection Dev Gangjee; 6. A cognac after Spanish champagne? Geographical indications as certification marks Daniel Gervais; Part IV. Design Protection: 7. The Fashion Originators' Guild of America: self-help at the edge of IP and antitrust C. Scott Hemphill and Jeannie Suk; 8. IP at the edges – protection for fashion: the European experience Annette Kur; Part V. Traditional Knowledge: 9. 'Ka Mate Ka Mate' and the protection of traditional knowledge Susy Frankel; 10. Comments on 'Ka Mate Ka Mate' and the protection of traditional knowledge Silke von Lewinski; Part VI. 'Paracopyright': Technological Protection Measures: 11. Paracopyright – a peculiar right to control access Joseph Liu; 12. The protection of technological measures: much ado about nothing or silent remodelling of copyright? Séverine Dusollier; Part VII. Trade Secrets: 13. A legal tangle of secrets and disclosures in trade: Tabor v. Hoffman and beyond Jeanne Fromer; 14. Patents and trade secrets in England: the case of Newbery v. James (1817) Lionel Bently; Part VIII. Open Innovation: 15. Legal but unacceptable: Pallin v. Singer and physician patenting norms Katherine Strandburg; 16. Physicians as user innovators Stefan Bechtold; Part IX. Limitations: Patent Subject Matter and Scope: 17. Funk forward Ted Sichelman; 18. Patent eligibility and scope revisited in light of Schütz v. Werit and European copyright jurisprudence Justine Pila; Part X. Limitations: Copyright and Trademark Defences: 19. Make me walk, make me talk, do whatever you please: Barbie and exceptions Rebecca Tushnet; 20. Parody and IP claims: a defence? – A right to parody? Robin Jacob.
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