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The Common Law of Intellectual Property : Essays in Honour of Professor David Vaver - Lionel Bently

The Common Law of Intellectual Property

Essays in Honour of Professor David Vaver

By: Lionel Bently (Editor), Catherine Ng (Editor), Giuseppina D'Agostino (Editor)

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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.

...this book is a substantial tome on a fast-growing area of the law which is as complex as it is important. In addition to dealing with each of the main intellectual property rights in turn, the book casts a historical eye on the evolution of IP law, and also looks at court practices on a comparative basis. The quality of the essays is very high, combining as they do intellectual rigour with breadth of knowledge. The Commonwealth Lawyer Volume 19. No. 3

Forewordp. v
Contributorsp. xiii
Table of Casesp. xix
Table of Legislationp. xliii
Table of International Instrumentsp. liv
Introduction
Emerging Divergences in the Common Law of Intellectual Property: An Overviewp. 3
Historical Perspectives
Intellectual Property and the Common Law in Scotland c1700-c1850p. 21
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'p. 45
Court Practices
The Relationship between UK Common Law and the European Systems in the Context of Res Judicatap. 73
The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canadap. 99
Emergent Diversity in the Common Law Relating to Intellectual Property: How Domestic Court Practice Informs Local Evolution of Lawp. 125
Patents
A Common Law Prescription for a Medical Malaisep. 143
Claiming a Life: are Organisms Inherently Unpatentable?p. 161
Divergent Approaches in Defining the Appropriate Level of Inventiveness in Patent Lawp. 177
Sufficiency of Disclosure in the Common Law: Complexity, Divergence and Confusionp. 199
Copyright
Common Law Approaches to the Requirement of Originalityp. 221
Finding Originality in Recreative Copyright worksp. 255
The Emancipation of Fair Use in Israelp. 281
Trade Marks and Unfair Competition
Unfair Competition by Misappropriation: the Reception of International News in the Common Law Worldp. 307
The Common Law and Trade Marks in an Age of Statutesp. 331
Protecting Extraterritorial Goodwill: Exploring the Impetus Behind a Common Lawp. 353
Death of a Trade Mark Doctrine? Dilution of Anti-Dilutionp. 379
Conclusion
Postscript: Was There Ever a Common Law of Intellectual Property?p. 401
David Vaver: Curriculum Vitaep. 423
Indexp. 433
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841139708
ISBN-10: 184113970X
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 528
Published: 25th August 2010
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 4.1
Weight (kg): 0.92
Edition Number: 1

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