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European Intellectual Property Law Justine Pila: The Latest Developments and Challenges in IP Law



European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property. Digital formats This second edition is available for students and institutions to purchase in a variety of formats. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks




European Intellectual Property Law Justine Pila



I. Foundations 1:An introduction to domestic and international intellectual property law 2:The foundations of European Union intellectual property law 3:Theoretical accounts of European intellectual property II. The Law of Patents and Allied Rights 4:Introduction to European patent law 5:The procedure for obtaining a European patent 6:Patentable subject matter 7:Secondary patentability requirements 8:Patent protection and exploitation 9:Plant variety rights and supplementary protection certificates III. The Law of Copyright and Related Rights 10:Introduction to the European law of copyright and related rights 11:The subsistence and ownership of copyright and related rights 12:The rights conferred by copyright and related rights 13:Copyright and related rights exceptions and limitations IV. The Law of Trade Marks and Allied Rights 14:Registration and use of the trade mark 15:Infringement and revocation of the trade mark 16:Trade marks and the free movement aspects of EU Law 17:Unfair competition law 18:Indications of geographical origin 19:Designs V. Data and Information 20:Introduction to rights in data and information 21:Database rights 22:Data protection and data exclusivity 23:Trade secrets VI. Enforcement and Remedies 24:Enforcement 25:Remedies VII. Future Trends 26:Future trends


European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.


This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.


The course will give an understanding of the basic principlesand structures of mainly private law, from a European perspective,related to creative business processes in order to choose andassess the appropriate legal structure for business transactions.The course covers the various parts of intellectual property lawand related legal branches relevant to creative business processesnamely copyright law but also design law, trademark law, unfaircompetition law, contract law and personality rights.The courseincludes two voluntary home assignments. 2ff7e9595c


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