The Europeanisation of Intellectual Property Law: Towards a Legal Methodology
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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The Europeanisation of Intellectual Property Law: Towards a Legal Methodology
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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The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

The Europeanisation of Intellectual Property Law: Towards a Legal Methodology
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The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

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 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.

Product Details

ISBN-13: 9780199665105
Publisher: Oxford University Press
Publication date: 01/07/2014
Pages: 318
Product dimensions: 6.40(w) x 9.40(h) x 1.20(d)

About 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.

Table of Contents

Introduction, Justine PilaPART I: MODELS OF HARMONISATION1. Models of Harmonisation, Mr Justice Arnold2. The Europeanisation of Trade Mark Law: A Model for HarmonisationaPART II: PURSUING HARMONISATION3. European Harmonisation of Intellectual Property Law: Towards a Competitive Model, Professor Jan Smits & Professor Bernt Hugenholz4. Is Harmonisation a Good Thinga The Case of the Copyright AcquisPART III: CREATING EUROPEAN IP COURTS5. Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture, Advocate General Jaaskinen6. On the Proposals for a Unified Patent Court in Europe, Professor Jan BrinkhofPART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES7. Rhetoric and Reality: The Impact of Consitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of P2P, Dr Catherine Seville8. The Impact of Constitutional Rights and Values, Professor Ansgar OhlyPART V: THE IMPACT OF GENERAL EU LAW ON IP LAW9. The Impact of General EU Law on IP Law, Professor Christopher Wadlow10. The Balancing Impact of General EU Law on European IP Jurisprudence, Professor Alain StrowelPART VI: EUROPEAN AND NATIONAL COURTS: CO-OPERATION OR CONFRONTATIONn11. European and National Courts: Co-operation or Confrontationa12. The Relationship Between European and National Courts, Professor Sir Robin JacobPART VII: TOWARDS A EUROPEAN METHODOLOGYn13. Towards a European Legal Methodologya14. Towards a European Legal Methodology: Lessons From Patent Law, Dr Justine Pila15. Conclusion, Ansgar Ohly16. Account of the Conference, Justine Pila & Ansgar Ohly17. Conclusing Remarks, Justine Pila & Ansgar Ohly
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