The Europeanization of Intellectual Property Law

With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

Autorentext

Professor Ansgar Ohly has a chair in civil law and IP law at the University of Bayreuth, Germany. He joined the University of Oxford as a Visiting Professor of Law in October 2009. His fields of research are all areas of intellectual property law, unfair competition law and the law of privacy and publicity, with a special focus on European harmonisation and on the comparison between civil law and common law systems. Dr Justine Pila is a university lecturer in IP law at the University of Oxford. She is the author of The Requirement for and Invention in Patent Law (OUP, 2012). She convenes the Law Faculty's Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice. Her main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. Prior to 2004 Justine had been writing her PhD after a stint in private practice and working for the Chief Justice of the Australian Federal Court.

Inhalt

PART I: THE EUROPEANIZATION OF INTELLECTUAL PROPERTY LAW; 1 Justine Pila: Intellectual Property as a Case Study in Europeanization: Methodological Themes and Context; 2 Richard Arnold: An Overview of European Harmonization Measures in Intellectual Property Law; PART II: HARMONIzATION MODELS AND APPROACHES; 3 Jan Smits and William Bull: The Europeanization of Patent Law: Towards a Competitive Model; 4 Bernt Hugenholz: Is Harmonization a Good Thinga The Case of the Copyright Acquis; 5 Graeme Dinwoodie: The Europeanization of Trade Mark Law; PART III: THE IMPACT OF GENERAL EU LAW; 6 Christopher Wadlow: The Impact of General European Union Law on Industrial Property Law; 7 Alain Strowel and Hee- Eun Kim: The Balancing Impact of General European Union Law on European Intellectual Property Jurisprudence; PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES; 8 The European Fundamental Rights and Intellectual PropertyAnsgar Ohly; 9 Catherine Seville: Rhetoric and Reality: The Impact of Constitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of Peer to Peer; PART V: EUROPEAN AND NATIONAL COURTS; 10 Robin Jacob: The Relationship between European and National Courts in Intellectual Property Law; 11 Jan Brinkhof and Ansgar Ohly: Towards a Unified Patent Court in Europe; 12 Niilo Jaaskinen: The Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture; PART VI: TOWARDS A EUROPEAN LEGAL METHODOLOGY?; 13 Justine Pila: A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology; 14 Ansgar Ohly: Concluding Remarks: Postmodernism and Beyond