Individualism and Collectiveness in IP Law

J. Rosén, Individualism And Collectiveness In Intellectual Property Law, e-elgar 2012.

Met bijdragen van o.a. Willem Grosheide, Van Doorne/CIER en Geertrui Van Overwalle, KU Leuven/Tilburg University.

This publication embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.

This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process. Look inside.

PART I: IP RIGHTS AND COMPETITION LAW
1. Individual, Multiple and Collective Ownership – What Impact on Competition?
Reto M. Hilty

2. The Law and Economics of Progress
J.R. Peritz

3. The Multiplicity of Territorial IP Rights and its Impact on Competition
O.A. Rognstad

PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW
4. Individualism, Collectivism and Openness in Patent Law. Promoting Access through Exclusion
Geertrui van Overwalle

PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW
5. Collectivism and its Role in the Frame of Individual Contracts
Silke von Lewinski

6. Ownership of Copyright and Investment Protection Rights in Teams and Networks. Need for New Rules?
Sylvie Nérisson

7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement
Steven Hetcher

8. Necessity to Collectivize Copyright
Jens Schovsbo

9. Two Perspectives on the Proposed Google Book Settlement
John Cross and Willem Grosheide

PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TM LAW
10. Reconciling Individualism and Collectiveness in Trademark Merchandising
Irene Calboli

11. Competitive Significance of Trademarks
Alexander Peukert

12. Multinationals’ Global Governance
Hong Xue

13. TM Take-over or Sui Generis Regimes
Katja Weckström

PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS
14. Virtual Teachers
Laura Carlsson and Sandra Wolk

15. The Education Sector and Copyright Issues in the Digital Age – a Perspective from Africa
Adejoke Oyewunmi

16. Genetic Resources and Traditional Knowledge
O.A. Krauss Torres and L.S. Gomez Madrigal