Intellectual Property Law is a patchwork area of intersecting multilateral and bilateral agreements and their resulting harmonization of national laws. It has become an increasingly important and frequently litigated area, particularly in the patent, copyright, and trademark areas. In addition, in the past few decades, there have been louder calls for the protection of domain names, databases, software, and traditional knowledge. Many of these cutting edge Intellectual Property issues are addressed on an international level through the World Intellectual Property Organization (WIPO). Along with new forms of protection, the trend towards globalization in the trade arena has had a direct effect on the harmonization of national Intellectual Property laws through the World Trade Organization (WTO) and regional trade organizations. The international treatment of Intellectual Property rights involves to a significant degree both the traditional concerns of public international law (i.e. the law of nations) and the concerns of the ‘conflict of laws’ or ‘private international law’ with the problem of determining in what jurisdiction to pursue a private legal dispute and what law will be applied to it. Intellectual Property problems, in that sense, involve both foreign and international law.
This Research Guide is intended as a starting point for research on Intellectual Property. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s subject heading (keyword) Intellectual Property is instrumental for searching through the Catalogue.
Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.
The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on the topic Intellectual Property. It covers a wide variety of topics relating to international Intellectual Property law. General publications concerning the historical development and international institutions concerned with intellectual property; World Intellectual Property Organisation and the conventions, World Trade Organisation, dispute settlement, TRIPs and the European Union.
We also have publications on specific topics concerning Intellectual Property. Copyright and related rights under existing and prospective treaties and conventions (Berne, WIPO Treaties and TRIPs), the challenges of the internet. Intellectual property over technology: scope of patent systems, biotechnology, access to medicines. International arrangements concerning trade marks and unfair competition, geographical and other denominations of origin, including types of collective marks, traditional and indigenous knowledge and the enforcement of Intellectual Property rights.
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Electronic article available in library.
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International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms. International Copyright is an indispensable reference work for professionals involved with international copyright transactions or litigation, and is essential reading for copyright scholars.
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In International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, Susan Isiko Strba offers an understanding of the legal relationship between copyright regulation and access to education in developing countries, and explores both institutional and normative ways to facilitate access to printed educational and research materials. The author explores the question of whether limitations or exceptions (flexibilities) in international intellectual property law can be utilised to balance the private interest of intellectual property right holders and the public interest of IP users and highlights the role of national institutions in crafting case-by-case educational exceptions in ways that may make WTO retaliation more onerous. Institutional reform and normative re-ordering within the intellectual property system and affiliated institutions are evaluated within an overall framework of new approaches for providing access solutions.
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Arbitration of International Intellectual Property Disputes provides a thorough guide to the use of arbitration to resolve these kind of disputes. Both practical as well as scholarly, the book starts by exploring how and why arbitration can provide the best way to resolve Intellectual Property disputes and how to draft an effective arbitration provision. This book also covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability.
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Recognised as a leading textbook in this field, Intellectual Property offers students unrivalled coverage of all aspects of the intellectual property syllabus making it their essential guide through the intricacies of this dynamic subject. Trusted by generations of students and lecturers alike, students can rely on this book to equip them with a strong understanding of the wealth of domestic, European and International laws which govern each intellectual property right, enhance their critical analysis skills through consideration of the ethical influences and policy considerations which impact the future development of IP protection and fully support them in their study through a range of engaging and interesting features including key point summaries, further reading suggestions, discussion questions and a glossary of technical terms.
Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In her highly original new book “From Goods to a Good Life: Intellectual Property and Global Justice,” Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life, as well as human freedom.
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Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law.
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International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
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Intellectual Property Law in the European Union is the culmination of years of Harris’s exhaustive research and is a guide to policies governing intellectual properties in European Union nations. The work reviews the gradual, incremental stages of consolidation and the creation of a “common market” in the EU, an occurrence which has led to difficulties in the establishment and enforcement of Intellectual Property law.
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The TRIPS Agreement which was adopted in 1994 is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, and requires massive changes in national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as the jurisprudence already developed in the context of the World Trade Organization.
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This major reference volume features a comprehensive collection of the key intellectual property treaties concluded at international and regional level, including all such treaties of relevance to the US and Europe. These are supplemented by editorial commentaries explaining the significance of each instrument, its drafting history, principle provisions, and listings of the relevant member states and when they joined.
View this title in our link resolver PlinkletThe online edition of the Max Planck Encyclopedia of Public International Law, edited by Rüdiger Wolfrum, Director at the Max Planck Institute for Comparative Public Law and International Law. This comprehensive resource contains peer-reviewed articles on every aspect of public international law.
Westlaw International is the premier online resource tool for the international legal community. It provides a.o. legislation, case law, administrative materials, legal periodicals, analysis and news from the European Union and the United Kingdom. In the Westlaw directory, select Topical Practice Areas and then Intellectual Property. For further guidance please use the Intellectual Property Law Research Guide from the Westlaw website.
The World Intellectual Property Organization provides a valuable collection of national laws and treaties national laws and treaties on intellectual property of WIPO, WTO and UN Members. It also features related information which elaborates, analyzes and interprets these laws and treaties, also available in English translation. Choose a jurisdiction and then choose a the subject area.
WIPO Gold is a free public resource to global collections of searchable intellectual property data. It aims to facilitate universal access to intellectual property information.
provides resources, explanations, and links regarding the Agreement on Trade-Related Aspects of Intellectual Property from the World Trade Organization.
UNESCO provides access to national copyright and related rights legislation of UNESCO Member States. To access the laws, you need first to click on the geographical zone you are interested in, then click on the country name.
collects links to individual national government websites regarding copyrights and other intellectual property rights.
provides citations and links to national laws from the Organization of American States (OAS).
After the big success of ‘The Lord of the Rings’ trilogy, it is now time for the first of the three upcoming films based on the other classic Tolkien book ‘The Hobbit’. Bilbo Baggins, the head character of the movie, is going to start with an unexpected journey through Middle-Earth. But, one week before the premiere in Wellington and two weeks before the first film of this trilogy hits theaters worldwide, the Tolkien estate has filed a lawsuit in the U.S. Central District Court of California.
Read moreWhy is such attention being paid by the organizers of the London 2012 Games to the brand of footwear being worn by participants and to the drinks they will take? The answer lies in the fear of ambush marketing. This means that at the moment in London, the action on the roads, in the rings and on the courts is not the only competition. For every Olympics, and other major sporting events, ambush marketing, unfortunately, provides a sideshow.
Read moreIf you are a public figure and a celebrity, how much privacy can you expect? How far can a journalist probe into a celebrity’s private life to get news in order to fulfill ‘the right to know’ factor for the public interest?
In recent years the balance between the media’s right to expression and an individual’s right to privacy has always been tricky and has therefore given rise to much debate. This blog will discuss two judgments of the European Court of Human Rights (ECHR) on Februari 7th 2012,….
On October 2, 2010, the 11th and final round of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) was concluded successfully in Tokyo, Japan. The Government of Japan hosted the negotiations. Participants in the negotiations included Australia, Canada, the European Union (EU) – represented by the European Commission and the EU Presidency (Belgium) and the [...]
Read moreAt 19th February Google was facing its opponents in a New York court over long-delayed plans to create the world’s largest online library, under the name Google Books. The fairness hearing has been set up to listen to arguments for and against a controversial deal — the Google Book Search Copyright Class Action Settlement — between Google and US authors and publishers. US Dictrict Judge Chin has read more than 500 submissions related to the $125m (£77m) settlement that would set up a book rights registry to pay authors and publishers compensation in return for their work being scanned and digitised.
Read moreCounterfeiting, which represents 5 to 7% of world trade, has implications on the competitiveness of EU companies, on jobs and on the health and security of EU citizens. László Kovác, European Commissioner in charge of Taxation and Customs Union, states his vision on the fight against counterfeiting as follows. ‘Customs have a vital role [...]
Read moreUS President Barack Obama was already stimulating the economy during his election campaign. The obama mania started just after the day he formally announced his candidacy for president. Obama mania on merchandising products like posters, buttons, t-shirts, mugs, plates etc., but also on some more extreme products, see for example some 18 nutty pieces of [...]
Read moreMore relevant links in Delicious
Correa, C., Trade related aspects of intellectual property rights : a commentary on the TRIPS Agreement, Oxford, Oxford University Press, 2007.
Ilardi, A., Blakeney, M., International encyclopedia of intellectual property treaties, Oxford, Oxford University Press, 2004.
Halket, T.D., Arbitration of international intellectual property disputes, Huntington, NY, Juris, 2012.
Bainbridge, D.I., Intellectual Property, Harlow, Pearson Education, 2012.
Oguamanam, C., Intellectual Property in Global Governance: a Development Question, London, Routledge, 2012.
Štrba, S., International copyright law and access to education in developing countries : exploring multilateral legal and quasi-legal solutions, Leiden, Nijhoff, 2012.
