The Common Law of Intellectual Property

Essays in Honour of Professor David Vaver

Catherine Ng, Lionel Bently, Giuseppina D'Agostino, Catherine Ng, Lionel Bently, Giuseppina D'Agostino

• Publisher: Hart Publishing
• Year: 2010
• Print ISBN: 9781841139708
• eBook ISBN: 9781847315939
• Edition: 1
• Topic: Law
• Subtopic: Intellectual Property Law
• Index: Law

This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.

Table of contents

• Cover
• Prelims
• Foreword
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• Table of International Instruments
• Introduction
• 1 Emerging Divergences in the Common Law of Intellectual Property
• Historical Perspectives
• 2 Intellectual Property and the Common Law in Scotland c1700–c1850
• 3 On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence
• Court Practices
• 4 The Relationship between UK Common Law and the European Systems in the Context of Res Judicata
• 5 The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canada
• 6 Emergent Diversity in the Common Law Relating to Intellectual Property
• Patents
• 7 A Common Law Prescription for a Medical Malaise
• 8 Claiming a Life: are Organisms Inherently Unpatentable?
• 9 Divergent Approaches in Defining the Appropriate Level of Inventiveness in Patent Law
• 10 Sufficiency of Disclosure in the Common Law
• Copyright
• 11 Common Law Approaches to the Requirement of Originality
• 12 Finding Originality in Recreative Copyright works
• 13 The Emancipation of Fair Use in Israel
• Trade Marks and Unfair Competition
• 14 Unfair Competition by Misappropriation: the Reception of International News in the Common Law World
• 15 The Common Law and Trade Marks in an Age of Statutes
• 16 Protecting Extraterritorial Goodwill
• 17 Death of a Trade Mark Doctrine? Dilution of Anti-Dilution
• Conclusion
• 18 Postscript
• David Vaver: Curriculum Vitae
• Index