Form in intellectual property law / David Booton, University of Manchester, UK.
2017
KD1269 .B66 2017 (Map It)
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Details
Author
Title
Form in intellectual property law / David Booton, University of Manchester, UK.
Published
Cheltenham, UK : Edward Elgar Publishing, [2017]
Call Number
KD1269 .B66 2017
ISBN
9781783470549 (cased)
1783470542
9781783470556 (eBook)
1783470542
9781783470556 (eBook)
Description
xvii, 304 pages ; 25 cm
System Control No.
(OCoLC)967370420
Summary
"[This book] sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. [With] examples drawn from statutory and common law materials, the book offers an...analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgements
vi
Table of cases
vii
Table of legislation
xv
1.
Introduction
1
2.
Form and legal adjudication
25
3.
Legislative power and harmonization
89
3.1.
Ex ante versus ex post decision making
92
3.2.
Avoiding perceptions of bias
105
3.3.
European integration, harmonization and form
125
4.
conflict at the foundation
147
5.
Form and the interpersonal/social dimension
178
5.1.
Copyright law
192
5.2.
Patent law
223
5.3.
Trade mark law
232
6.
Form and justifications
257
Index
293