Intellectual Property

Introduction

Intellectual Property - Research Guide International Law

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.

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. Parallel Norms: File-Sharing and Contemporary Copyright Development in Australia
Parallel Norms: File-Sharing and Contemporary Copyright Development in Australia / Stefan Larsson, Susan Wnukowska-Mtonga, Måns Svensson, Marcin De Kaminski In: The Journal of World Intellectual Property = ISSN 1422-2213: vol. 17, issue 1-2, page 1-15. - 2014
Keywords: Australia, Copyright law, Internet, Internet providers, Copyright infringement, Information and communication technology, Intellectual property,

2. Framing the National Interest: Debating Intellectual Property and Access to Essential Medicines in Kenya
Framing the National Interest: Debating Intellectual Property and Access to Essential Medicines in Kenya / John Harrington, Alasdair O'Hare In: The Journal of World Intellectual Property = ISSN 1422-2213: vol. 17, issue 1-2, page 16-33. - 2014
Keywords: Kenya, East Africa, Health, HIV/AIDS, Pharmaceuticals, Medical services, Patents, Counterfeit, Intellectual property,

3. Māori Traditional Knowledge and New Zealand Patent Law: the 2013 Act and the Dawn of a New Era?
Māori Traditional Knowledge and New Zealand Patent Law: the 2013 Act and the Dawn of a New Era? / Jessica C. Lai In: The Journal of World Intellectual Property = ISSN 1422-2213: vol. 17, issue 1-2, page 34-46. - 2014
Keywords: New Zealand, Indigenous peoples, Maori, Traditional knowledge, Patents, Intellectual property,

Librarian's choice

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  • Carvalho, de, N.P., The TRIPS Regime of Patents and Test Data, Alphen aan den Rijn, Wolters Kluwer, Law & Business, 2014.

    Carvalho, de, N. P., The TRIPS Regime of Patents and Test Data, Alphen aan den Rijn, Wolters Kluwer, Law & Business, 2014.

    The Fourth Edition of this preeminent work updates the author’s detailed commentary on TRIPS provisions relating to patent protection. It articulates with unmatched clarity the specific steps that a government must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents. In this way, the author’s incisive analysis covers every issue arising in patent administrative and legal practice, including the following’; extensive new analysis of enforcement of patent rights in the context of competition law, expanded commentary on trade secrets and test data under Article 39, linkage between patent protection and the marketing approval of pharmaceutical products, interaction with the Paris Convention, public health considerations, alternate ways to transpose TRIPS obligations into national law, alternativeness of inventions as a condition of patentability and standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fourth Edition – now retitled The TRIPS Regime of Patents and Test Data – is a crucially important resource for lawyers seeking compliance and government officials charged with the implementation of TRIPS obligations.

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  • Haedicke, M. and H. Timmann (eds), Patent Law: A Handbook on European and German Patent Law, München, Beck, 2014.

    Haedicke, M. and H. Timmann (eds), Patent Law: A Handbook on European and German Patent Law, München, Beck, 2014.

    This Patent Law Handbook is meant for lawyers, legal and patent departments of business entities, as well as judges and administrative bodies worldwide, in order to support them in their day-to-day business when they are concerned with questions relating specifically to German patent law, and in order to allow a comparison of their own legal assessment with German principles. This book offers a comprehensive presentation and analysis of the substantive issues of German, European and international patent law. It also covers procedural aspects insofar as they do not relate solely to the German court system and therefore seem to be of international interest. The content of this book is essentially an English translation of its parallel German publication “Handbuch des Patentrechts”, which was published in 2012 by C. H. Beck. Some sections of the German equivalent have been adapted to better meet international needs, one section covering purely procedural aspects of infringement suits has been omitted. The authors of the Patent Law Handbook are judges, attorneys, patent attorneys and researchers. All of them have years of experience in the field of patent law and practice.

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  • Halbert, D., The State of Copyright: the Complex Relationships of Cultural Creation in a Globalized World, London, Routledge, 2014.

    Halbert, D., The State of Copyright : the Complex Relationships of Cultural Creation in a Globalized World, London, Routledge, 2014.

    This book seeks to make an intervention into the ongoing debate about the scope and intensity of global copyright laws. While mapping out the primary actors in the context of globalization and the modern political economy of information ownership, the argument is made that alternatives to further expansion of copyright are necessary. By examining the multiple and competing interests in creating the legal regime of copyright law, this books attempts to map the political economy of copyright in the information age, critique the concentration of ownership that is intrinsic in the status quo, and provide an assessment of the state of the contemporary global copyright landscape and its futures. It draws upon the current narratives of copyright as produced by corporate, government, and political actors and frames these narratives as language games within a global political project to define how information and culture will be shared and exchanged in the future. The text problematizes the relationship of the state to culture, comments on the global flows of culture, and critiques the regulatory apparatus that is in place to commodify culture and align it with the contemporary nation-state. In the end, the possibility of non-commodified and more open futures are explored. The State of Copyright will be of particular interest for students and scholars of international political economy, law, political science, anthropology, sociology, cultural studies, library sciences, and communication studies. It also will appeal to a growing popular audience that has taken an interest in the issues of copyright.

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  • European Max Planck Group on Conflict of Laws in Intellectual Property, Conflict of laws in intellectual property: the CLIP Principles and Commentary, Oxford, Oxford University Press, 2013.

    European Max Planck Group on Conflict of Laws in Intellectual Property, Conflict of laws in intellectual property : the CLIP principles and commentary, Oxford, Oxford University Press, 2013.

    The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.

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  • Ramcharan, R., International Intellectual Property Law and Human Security, The Hague, Asser Press, 2013.

    Ramcharan, R., International intellectual property law and human security, The Hague, Asser Press, 2013.

    This book is the first to examine the international intellectual property (IP) legal regime from the perspective of human security. The latter encompasses legal, development and human rights dimensions which, it is argued, must be integrated into the fabric of the IP regime. Fundamental human rights such as the right to life, to health and to food, which form part of an umbrella ‘right to development’, must increasingly inform the crafting of IP policies and laws at the national and international level. The book captures the dramatic calls by developing countries and indigenous peoples for a more balanced intellectual property regime that allows for maximum use of flexibilities that cater to their developmental priorities. In this connection, the book discusses the roles of international business organizations (IBOs) and of the World Intellectual Property Organization (WIPO) in advancing a development oriented IP system. It proposes practical principles for IBO’s and it recommends the formation of an ‘International Equity Panel’ within WIPO.

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  • Goldstein, P., Hugenholtz, P.B., International copyright : principles, law, and practice, New York, Oxford University Press, 2013.

    Goldstein, P., Hugenholtz, P.B., International copyright : principles, law, and practice, New York, Oxford University Press, 2013.

    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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  • Štrba, S., International copyright law and access to education in developing countries : exploring multilateral legal and quasi-legal solutions, Leiden, Nijhoff, 2012.

    Štrba, S., International copyright law and access to education in developing countries : exploring multilateral legal and quasi-legal solutions, Leiden, Nijhoff, 2012.

    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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  • Halket, T.D., Arbitration of international intellectual property disputes, Huntington, NY, Juris, 2012.

    Halket, T.D., Arbitration of international intellectual property disputes, Huntington, NY, Juris, 2012.

    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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  • Bainbridge, D.I., Intellectual Property, Harlow, Pearson Education, 2012.

    Bainbridge, D.I., Intellectual Property, Harlow, Pearson Education, 2012.

    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.

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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

  • 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 [...]

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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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