Intellectual Property

Introduction

Intellectual Property

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.

New titles

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.


1. Protection of Intellectual Property Rights as Human Rights in International Law
Protection of Intellectual Property Rights as Human Rights in International Law / Mikhalien Du Bois In: South African Yearbook of International Law = ISSN 0379-8895: vol. 38, page 92-122. - 2013
Keywords: South Africa, International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966), Constitutional law, Intellectual property, Human rights, International law and domestic law, Property,

2. The future role of the Unified Patent Court in safeguarding coherence in the European Patent System
The future role of the Unified Patent Court in safeguarding coherence in the European Patent System / Federica Baldan, Esther Van Zimmeren In: Common Market Law Review = ISSN 1875-8320: vol. 52, issue 6, page 1529–1577. - 2015
Keywords: European Union, Court of Justice of the European Communities, European Patent Office, Regional courts, Member states, Patents, Intellectual property, Judicial dialogue,

3. Blurred Lines: Reading TRIPS with GATT Glasses
Blurred Lines: Reading TRIPS with GATT Glasses / Matthew Kennedy In: Journal of World Trade = ISSN 2210-2795: vol. 49, issue 5, page 735–755. - 2015
Keywords: United States of America, World Trade Organization, WTO Appellate Body, TRIPS Agreement (Marrakesh, 15 April 1994), General Agreement on Tariffs and Trade, World Intellectual Property Organization, Intellectual property, Interpretation, International trade,

Bibliography

Reference works

Books & Articles

 

Documents

Periodicals, serial publications

Bibliographies

New titles

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.


1. Protection of Intellectual Property Rights as Human Rights in International Law
Protection of Intellectual Property Rights as Human Rights in International Law / Mikhalien Du Bois In: South African Yearbook of International Law = ISSN 0379-8895: vol. 38, page 92-122. - 2013
Keywords: South Africa, International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966), Constitutional law, Intellectual property, Human rights, International law and domestic law, Property,

2. The future role of the Unified Patent Court in safeguarding coherence in the European Patent System
The future role of the Unified Patent Court in safeguarding coherence in the European Patent System / Federica Baldan, Esther Van Zimmeren In: Common Market Law Review = ISSN 1875-8320: vol. 52, issue 6, page 1529–1577. - 2015
Keywords: European Union, Court of Justice of the European Communities, European Patent Office, Regional courts, Member states, Patents, Intellectual property, Judicial dialogue,

3. Blurred Lines: Reading TRIPS with GATT Glasses
Blurred Lines: Reading TRIPS with GATT Glasses / Matthew Kennedy In: Journal of World Trade = ISSN 2210-2795: vol. 49, issue 5, page 735–755. - 2015
Keywords: United States of America, World Trade Organization, WTO Appellate Body, TRIPS Agreement (Marrakesh, 15 April 1994), General Agreement on Tariffs and Trade, World Intellectual Property Organization, Intellectual property, Interpretation, International trade,

Librarian's choice

  • Watal, J., Taubman, A. (eds.), The making of the TRIPS Agreement : personal insights from the Uruguay Round negotiations, Geneva, World Trade Organization, 2015.

    Watal, J., and A. Taubman (eds.), The making of the TRIPS Agreement : personal insights from the Uruguay Round negotiations, Geneva, World Trade Organization, 2015.

    The contributors highlight the enabling effect of a clear negotiating agenda, and underscore the important, but distinct, roles of the Chair, of the Secretariat and above all, of the negotiators themselves. Contributors share their views on how intellectual property fitted into the overall Uruguay Round, the political and economic considerations driving TRIPS  negotiations, the role of non-state actors, the sources of the substantive and procedural standards that were built into the TRIPS Agreement, and future issues in the area of intellectual property. They take a close look at such issues as copyright for software, patents on medicines and the appropriate scope of protection of geographical indications. In probing how  negotiations led to an enduring agreement that has served as a framework for policy-making in many countries, the contributions offer lessons for current and future negotiators.

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  • Drahos, P., Kritika : Essays on Intellectual Property, Vol. I, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.

    Drahos, P., Kritika : Essays on Intellectual Property, Vol. I, Cheltenham, UK, Northampton, MA, USA, dward Elgar Publishing, 2015.

    The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

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  • Gervais, D.J. (ed.), International Intellectual Property : a Handbook of Contemporary Research, Cheltenham, UK, Edward Elgar Publishing Limited, 2015.

    Gervais, D.J. (ed.), International Intellectual Property : a Handbook of Contemporary Research, Cheltenham, UK, Edward Elgar Publishing Limited, 2015

    International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book contains both doctrinal analyses and groundbreaking theoretical research by many of the most recognized leading experts in the field. It offers overviews of the major international instruments, with specific chapters on the Berne and Paris Conventions, the Patent Cooperation treaty and several chapters that discuss parts of the TRIPS Agreement. The book can also be used by students of international intellectual property to obtain useful knowledge of major institutions and instruments, and to gain an understanding of ongoing discussions.

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  • Torremans, Paul Intellectual property and private international law, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.

    Torremans, Paul Intellectual property and private international law, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.

    This collection, made possible by the recent convergence of intellectual property and private international law as critical disciplines, brings together the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing bridges built and dead-ends reached.

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  • Geiger, C., Research Handbook on Human Rights and Intellectual Property, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.

    Geiger, C., Research Handbook on Human Rights and Intellectual Property, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2015.

    Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights on intellectual property law and jurisprudence. In particular, the chapters  crutinize issues related to interactions among and between norms of different legal families, the role of human rights in development of the balanced intellectual property legal framework, standing case-law of national and regional courts and intellectual property offices reconciling overlapping rights and obligations, and identify the practical significance of different human rights for the exercise of intellectual  property rights.

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  • Scheufen, M., Copyright Versus Open Access : on the Organisation and International Political Economy of Access to Scientific Knowledge, Cham, Heidelberg, New York, Dordrecht, London, Springer, 2015.

    Scheufen, M., Copyright Versus Open Access : on the Organisation and International Political Economy of Access to Scientific Knowledge, Cham, Heidelberg, New York, Dordrecht, London, Springer, 2015

    This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and  showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of  nternational Intellectual Property (IP) agreements offers prospects on the future of academic publishing.

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Database

The 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).

Blogs

  • Google Books and Fair Use

    On the 16th of October 2015, the United States Court of Appels for the Second Circuit made clear that Google Books is legal. The Court ruled for Google against the Authors Guild, a professional group of
    published writers which had alleged that Google Library Project and Google Books project infringed their copyrights. In determining whether the use made of a work in any particular case is a fair use the appeals Court considered four factors of the US copyright law.

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  • European Court of Justice Clarification of the Research and Private Study Exception to Copyright Infringement for Libraries

    On Thursday 11 September 2014, the European Court of Justice ruled on the meaning of the research and private study exception to copyright infringement for libraries, educational establishments, museums and archives. The Court decided that libraries are allowed to digitise books and make them available to the public at e-reading points within its vicinity, without the author’s permission. The judgment was issued in Case C-117/13, Technische Universität Darmstadt v Eugen Ulmer KG.

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  • ECJ Judgment: Private Copying Levy Cannot Include Copies Made from Unlawful Sources!

    The European Court of Justice has been pretty busy the past weeks. On Tuesday, April 8th 2014, the Court has declared the Data Retention Directive invalid from the date on which the directive entered into force. On Thursday, April 10th 2014, the Court has given its verdict on a complicated Dutch case involving the home-copying exception of European copyright legislation, and the associated use of copyright levies on blank media.

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  • Protection of Olympic Properties

    During the 2014 Olympic opening ceremony in Sochi, the World could witness the familiar Olympic symbols again: the torche, the flag, the rings and the mascots: three giant, stuffed-animal-like Sochi mascots, featuring a polar bear, a leopard and a hare. All three of these animals are indigenous to the country. These Olympic symbols, logos and mascots are very popular and therefore subject of plagiarism and corruption.

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  • You’ve been Framed: Hyperlinking and European Copyright Law

    One of the central features of the internet is the ability for each webpage to offer connections to other webpages in a click of a button. However in the copyright world there has been much discussion about website operators infringing copyright in a work by providing a link to another website containing that work. Can hyperlinking be a copyright infringement? What kind of linking is a communication to the public and the making of an authorized copy? In this blog I will discuss this issue in a European perspective with references to some recent cases of the European Court of Justice but first let me explain to you in short the relevant forms of hyperlinking.

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  • Trouble in Middle-Earth: Tolkien Estate sues Film Producers over Copyright Infringement and Breach of Contract

    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.

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  • Ambush Marketing: ‘Drinking Coca-Cola, wearing Adidas’

    Why 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.

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  • Picture this! The margins of media coverage of celebrities private lives, a balance between privacy and public interest

    If 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,….

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  • International and European criminal measures on intellectual property rights

    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 […]

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  • Google in trouble?

    At 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.

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  • The European Union’s ‘ContraFake’ policy

    Counterfeiting, 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 to […]

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  • The 'Obama effect' on trademarks

    US 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 […]

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See also

More Research guides on Private International Law

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