Common Principles of European Intellectual Property Law

Common Principles of European Intellectual Property Law

Edited by Ansgar Ohly

[Allgemeine Grundsätze des europäischen Rechts des geistigen Eigentums.]

2012. VIII, 272 pages.

Geistiges Eigentum und Wettbewerbsrecht (GEuWR) 62

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Summary

Can any European principles applicable to all intellectual property rights be identified on the basis of the acquis communautaire and of comparative law? The contributors to this volume discuss the merits and the methodology of this approach before turning to several areas of substantive intellectual property law such as grounds of protection, secondary liability and exceptions or the relationship between intellectual property and competition law.

Intellectual property law has been harmonized by EU law to a considerable extent. At the same time intellectual property rights have converged. The academic discussion has not kept pace with this development. European intellectual property law is often seen through the spectacles of national law; pan-European discussions about issues of Community law seem to be the exception rather than the rule. The contributors to this volume investigate if and to what extent European rules and principles applicable to all intellectual property rights already exist or whether they can be found on the basis of the acquis communautaire and comparative law. In particular, they discuss the merits and the methodology of common principles before turning to several areas of substantive intellectual property law such as grounds of protection, secondary liability and exceptions, to enforcement and finally to the relationship between intellectual property and neighbouring areas of EU law.

Table of contents:

I. Starting Points
Ansgar Ohly: Introduction: The Quest for Common Principles of European IP Law: Useful, Futile, Dangerous? - Gerhard Dannemann: The Working Method of the Acquis Group - A Model?
II. Substantive Intellectual Property Law
Alberto Musso: Grounds of Protection: How far does the Incentive Paradigm Carry? - Annette Kur: Two-tier protection: Designs and Databases as Models? - Matthias Leistner: Common Principles of Secondary Liability? - Jean-Luc Piotraut: Limitations and Exceptions: Towards a European »Fair Use« Doctrine? - Jens Schovsbo: Free Movement of Goods and Exhaustion - Igor B. Nestoruk: Common Principles of European IP Law: a Polish Perspective
III. Enforcement and Fundamental Rights
Marcus Norrgård: Enforcement and Data Protection - Christophe Geiger: Intellectual Property and Fundamental Rights
IV. Intellectual Property and Competition
Steve Anderman: Intellectual Property and Competition Law - Dirk Visser: Intellectual Property and Unfair Competition Law - Vytautas Mizaras: The Relationship between Intellectual Property Rights, Protection against Unfair Competition and Unfair Commercial Practices: A Lithuanian Perspective