Individualism and Collectiveness in Intellectual Property Law 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.
Edited by Jan Rosen, Professor of Private Law, Stockholm University, Sweden and ATRIP President 2009-2011
Contents: Preface Opening Remarks to the 2010 ATRIP Congress 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: IP Rights and Competition Policy Rudolph J.R. Peritz 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Ole-Andreas Rognstad PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing 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 Nerisson 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven A. Hetcher 8. The Necessity to Collectivize Copyright - and Dangers Thereof Jens Schovsbo 9. Two Perspectives on the Proposed Google Book Settlement John Cross and Fredrik Willem Grosheide PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States Irene Calboli 11. The Competitive Significance of Collective Trademarks Alexander Peukert 12. Multinationals' Global Governance on the Internet Hong Xue 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Katja Weckstroem PART V: TEACHING AND RESEARCH IN IP LAW - INDIVIDUAL AND COLLECTIVE ASPECTS 14. Virtual Teachers: A Copyright Paradox? Laura Carlson and Sanna Wolk 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Adejoke Oyewunmi Index