The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

Hardcover | December 7, 2013

EditorJustine Pila, Ansgar Ohly

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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 Europeanisation on the substanceand 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 harmonisation, the pursuit of harmonisation 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 ofconstitutional 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 Europeanisation, 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.

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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 Europeanisation on the substanceand quality of law, the process of law-makin...

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 Postgradu...
Format:HardcoverDimensions:288 pagesPublished:December 7, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199665109

ISBN - 13:9780199665105

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Table of Contents

Justine Pila: IntroductionPart I: Models of Harmonisation1. Mr Justice Arnold: Models of Harmonisation2. The Europeanisation of Trade Mark Law: A Model for HarmonisationaPart II: Pursuing Harmonisation3. Professor Jan Smits and Professor Bernt Hugenholz: European Harmonisation of Intellectual Property Law: Towards a Competitive Model4. Is Harmonisation a Good Thinga The Case of the Copyright AcquisPart III: Creating European IP Courts5. Advocate General Jaaskinen: Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture6. Professor Jan Brinkhof: On the Proposals for a Unified Patent Court in EuropePart IV: The Impact of Consitutuional Rights and Values7. Dr Catherine Seville: Rhetoric and Reality: The Impact of Consitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of P2P8. Professor Ansgar Ohly: The Impact of Constitutional Rights and ValuesPart V: The Impact of General EU Law on IP law9. Professor Christopher Wadlow: The Impact of General EU Law on IP Law10. Professor Alain Strowel: The Balancing Impact of General EU Law on European IP JurisprudencePart VI: European and National Courts: Co-operation or Confrontation11. European and National Courts: Co-operation or Confrontationa12. Professor Sir Robin Jacob: The Relationship Between European and National CourtsPart VII: Towards a European Methodology13. Towards a European Legal Methodologya14. Dr Justine Pila: Towards a European Legal Methodology: Lessons From Patent Law15. Ansgar Ohly: Conclusion16. Justine Pila and Ansgar Ohly: Account of the Conference17. Justine Pila and Ansgar Ohly: Conclusing Remarks