The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What

Softbound - New, softbound print book.

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Intellectual Property Law is the definitive textbook on this subject - an all-embracing and detailed guide to intellectual property law. It clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, whilst enlivening the text with illustrations and diagrams.

In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.