The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

Overview


With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanisation on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order.

The work begins by looking at the making of European ...

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The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

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Overview


With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanisation on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order.

The work begins by looking at the making of European Intellectual Property law, covering models of European harmonisation, the pursuit of harmonisation to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology.

Using intellectual property as a case study in private law Europeanisation, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

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Product Details

  • ISBN-13: 9780199665105
  • Publisher: Oxford University Press, USA
  • Publication date: 1/7/2014
  • Pages: 288
  • Product dimensions: 6.40 (w) x 9.40 (h) x 1.20 (d)

Meet the Author

Justine Pila, Lecturer, University of Oxford,Ansgar Ohly, Professor, University of Oxford and University of Bayreuth, Germany

Dr Justine Pila is a university lecturer in IP law at the University of Oxford. She is the author of The Requirement for and Invention in Patent Law (OUP, 2012). She convenes the Law Faculty's Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice. Her main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. Prior to 2004 Justine had been writing her PhD after a stint in private practice and working for the Chief Justice of the Australian Federal Court.

Professor Ansgar Ohly has a chair in civil law and IP law at the University of Bayreuth, Germany. He joined the University of Oxford as a Visiting Professor of Law in October 2009. His fields of research are all areas of intellectual property law, unfair competition law and the law of privacy and publicity, with a special focus on European harmonisation and on the comparison between civil law and common law systems.

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Table of Contents

Introduction, Justine Pila
PART I: MODELS OF HARMONISATION
1. Models of Harmonisation, Mr Justice Arnold
2. The Europeanisation of Trade Mark Law: A Model for Harmonisationa
PART II: PURSUING HARMONISATION
3. European Harmonisation of Intellectual Property Law: Towards a Competitive Model, Professor Jan Smits & Professor Bernt Hugenholz
4. Is Harmonisation a Good Thinga The Case of the Copyright Acquis
PART III: CREATING EUROPEAN IP COURTS
5. Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture, Advocate General Jaaskinen
6. On the Proposals for a Unified Patent Court in Europe, Professor Jan Brinkhof
PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES
7. Rhetoric and Reality: The Impact of Consitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of P2P, Dr Catherine Seville
8. The Impact of Constitutional Rights and Values, Professor Ansgar Ohly
PART V: THE IMPACT OF GENERAL EU LAW ON IP LAW
9. The Impact of General EU Law on IP Law, Professor Christopher Wadlow
10. The Balancing Impact of General EU Law on European IP Jurisprudence, Professor Alain Strowel
PART VI: EUROPEAN AND NATIONAL COURTS: CO-OPERATION OR CONFRONTATIONn
11. European and National Courts: Co-operation or Confrontationa
12. The Relationship Between European and National Courts, Professor Sir Robin Jacob
PART VII: TOWARDS A EUROPEAN METHODOLOGYn
13. Towards a European Legal Methodologya
14. Towards a European Legal Methodology: Lessons From Patent Law, Dr Justine Pila
15. Conclusion, Ansgar Ohly
16. Account of the Conference, Justine Pila & Ansgar Ohly
17. Conclusing Remarks, Justine Pila & Ansgar Ohly

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