Intellectual property, unfair competition and publicity : convergences and development / edited by Nari Lee, Professor of Intellectual Property Law, Department of Accounting and Commercial Law, Hanken School of Economics, Helsinki, Finland; Guido Westkamp, Professor Dr jur., Chair in Intellectual Property and Comparative Law, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK; Annette Kur, Professor Dr. Dr h.c., Senior Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany; Ansgar Ohly, Professor, Chair in Civil, Intellectual Property and Competition Law, Ludwig-Maximilians-Universität, Munich, Germany.
2014
K1575 .I58 2014 (Map It)
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Title
Intellectual property, unfair competition and publicity : convergences and development / edited by Nari Lee, Professor of Intellectual Property Law, Department of Accounting and Commercial Law, Hanken School of Economics, Helsinki, Finland; Guido Westkamp, Professor Dr jur., Chair in Intellectual Property and Comparative Law, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK; Annette Kur, Professor Dr. Dr h.c., Senior Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany; Ansgar Ohly, Professor, Chair in Civil, Intellectual Property and Competition Law, Ludwig-Maximilians-Universität, Munich, Germany.
Published
Cheltenham, UK ; Northampton, MA, USA : Edward Elgar, [2014]
Copyright
©2014
Call Number
K1575 .I58 2014
ISBN
9780857932617
0857932616
9780857932624 (e-book)
0857932624 (e-book)
0857932616
9780857932624 (e-book)
0857932624 (e-book)
Description
x, 368 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)880220033
Summary
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of "substitute" IP rights. The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of "substitute" intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and "intellectual"--such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of contributors
vii
Introduction to the series
ix
Introduction: Intellectual property, unfairness and speech -- convergences and development / Guido Westkamp
1
pt. I
CONDUCT AND UNFAIRNESS: MAPPING METHODOLOGICAL BOUNDARIES
1.
What to protect, and how? Unfair competition, intellectual property, or protection sui generis / Annette Kur
11
2.
Interfaces between trade mark protection and unfair competition law: Confusion about confusion and misconceptions about misappropriation? / Ansgar Ohly
33
3.
Personality rights, unfair competition and extended causes of action / Guido Westkamp
61
pt. II
CONVERGENCES I: PERSONA, PUBLICITY AND MARKET CONTROL RIGHTS IN COMPARISON
4.
Personality endorsement and character merchandising: A sparkle of unfair competition in English law / Spyros Maniatis
97
5.
Rights of publicity in the United States from Edison to Elvis to Paris (and every 15 minutes in-between) / Gary Rinkerman
118
6.
Celebrities, advertisement and commercial exploitation "publicity rights" in German law / Kerstin Schmitt
151
pt. III
CONVERGENCES II: INVESTMENT IN COMPETITION
7.
Ambush marketing: Examining the development of an event organizer right of association / Seth Ericsson
165
8.
Commercialising privacy and privatising the commercial: The difficulties arising from the protection of privacy via breach of confidence / Tanya Aplin
189
9.
Protection of the first mover advantage: Regulation against imitation of the product configuration in Japan / Yoshiyuki Tamura
216
10.
The use of trade marks in keyword advertising: Developments in CJEU and national jurisprudence / Nicole van der Laan
231
pt. IV
INVESTMENT PROTECTION AND THE PUBLIC INTEREST: COMPETITION AND (COMMERCIAL) SPEECH
11.
The United Kingdom's public interest "defence" and European Union copyright law / Jonathan Griffiths
289
12.
Public domain at the interface of trade mark and unfair competition law: The case of referential use of trade marks / Nari Lee
309
13.
Image rights in civil law systems: Four questions and three systems / Antoon Quaedvlieg
340
Index
355