Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.
The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.
This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.
Edited by Jan Rosen, Professor of Private Law, Stockholm University, Sweden and ATRIP President 2009-2011
Contents: Foreword PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW 1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons to be Learned for WTO/TRIPS? Josef Drexl 2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans 3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp 4. An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli 5. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra 6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman 7. Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects Giuseppe Mazziotti PART II: ASPECTS OF THE ANTI-COUNTERFEITING TRADE AGREEMENT 8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger 9. Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA) Charles R. McManis and John S. Pelletier 10. ACTA, Internet Service Providers and the Acquis Communautaire Irini Stamatoudi 11. ACTA and Access to Medicines in the Perspective of Theory of Hard Cases Maciej Barczewski and Sebastian Sykuna Index