The Europeanisation of Intellectual Property Law: Towards a Legal Methodology

ISBN-13: 9780199665105 / Angielski / Twarda / 2014 / 288 str.

Justine Pila; Ansgar Ohly

Opis

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 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 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 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 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.

Recenzje

The book offers an insightful approach to an area of EU law that remains relatively unexplored, although increasingly significant. The result is a thought-provoking book. Thanks to comprehensive theoretical analysis, intriguing perspective, and critical account of historical developments, and the Europeanization of Intellectual Property Law is a book for everyone interested in the future of EU intellectual property law and private law in general.

O autorze

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.