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. Fair protection
Fair protection : Supreme Court of the Netherlands 29 March 2002, NJ 2002, 530 (Van Bentum/Kool); Supreme Court of the Netherlands 12 November 2004, NJ 2004, 674 (Impro/Liko); Supreme Court of the Netherlands 7 September 2007, NJ 2007, 466 (Lely/Delaval) / Toon Huydecoper In: Berichten industriële eigendom = ISSN 2211-4815: (2013) (dec), page 358-364. - 2013
Keywords: The Netherlands, Germany, Great Britain, European Union, Supreme court, Convention on the Grant of European Patents (Munich, 5 October 1973), Patents, Intellectual property, Case-law,

2. (On)betrouwbaarheid van merkdepots - o.a. voor planten - na 'IP Translator'
(On)betrouwbaarheid van merkdepots - o.a. voor planten - na 'IP Translator' / Paul van der Kooij In: Berichten industriële eigendom = ISSN 2211-4815: (2013) (dec), page 371-378. - 2013
Keywords: The Netherlands, Germany, European Union, Trademarks, Intellectual property, Case-law,

3. Auteursrecht met betrekking tot octrooiaanvragen
Auteursrecht met betrekking tot octrooiaanvragen / Toon Huydecoper In: Berichten industriële eigendom = ISSN 2211-4815: (2014) (feb), page 38-40. - 2014
Keywords: The Netherlands, Copyright law, Patents, Intellectual property,

4. De nieuwe Anti-Piraterijverordening: krachtiger geschut tegen namaak en piraterij dan zijn voorganger?
De nieuwe Anti-Piraterijverordening: krachtiger geschut tegen namaak en piraterij dan zijn voorganger? / Reindert van der Zaal In: Berichten industriële eigendom = ISSN 2211-4815: (2014) (mrt), page 62-66. - 2014
Keywords: The Netherlands, European Union, Copyright law, Copyright infringement, Trademarks, Counterfeit, Intellectual property, Community law, Cases,

5. International Development of the Fashion Business
International Development of the Fashion Business / Michael F. Colosi. - New York : Fairchild Books. - Page 322-346 In: Fashion Law : A Guide for Designers, Fashion Executives, and Attorneys / edited by Guillermo C. Jimenez and Barbara Kolsun, ISBN 9781609018955: (2014), Page 322-346. - 2014
Keywords: Goods, Companies, International trade, Intellectual property, Joint ventures,

6. International Fashion Law
International Fashion Law : Brand Protection and IP Law in Key Fashion Markets / Connie Carnabuci and Victoria White. - New York : Fairchild Books. - Page 347-374 In: Fashion Law : A Guide for Designers, Fashion Executives, and Attorneys / edited by Guillermo C. Jimenez and Barbara Kolsun, ISBN 9781609018955: (2014), Page 347-374. - 2014
Keywords: Goods, Companies, Marks, Intellectual property, Trademarks, Exportation and importation,

7. Legal dimension of international community
Legal dimension of international community : mosaic elements = Pravovoe izmerenie meždunarodnogo soobščestva : ėlementy mozaiki / Centre Européen de Coopération Juridique. - Strasbourg : CECJ, 2013. - 235 pages. : illustrations. ; 22 cm Includes bibliographical references. - 2013
Keywords: International law, Child protection, Abduction, Intellectual property, International courts, Russian Federation,

8. Harmonizing Public and Private International Law

9. Geen zaak?
Geen zaak? : de positie van de gedaagde bij een ingetrokken (IE-)kort geding: een pleidooi voor vergoeding van de daadwerkelijke proceskosten van de gedaagde / Daan de Lange In: Berichten industriële eigendom = ISSN 2211-4815: (2013) (sep), page 266-275. - 2013
Keywords: The Netherlands, Summary proceedings, Costs, Withdrawal, Intellectual property, Law of civil procedure,

Librarian's choice

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  • Dagne, T.W., Intellectual Property and Traditional Knowledge in the Global Economy : Translating Geographical Indications for Development, London, New York, Routledge, Taylor and Francis Group, 2015.

    Dagne, T.W., Intellectual Property and Traditional Knowledge in the Global Economy : Translating Geographical Indications for Development, London, New York, Routledge, Taylor & Francis Group, 2015.

    Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products.

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  • Okediji, R.L., Bagley, M.A., Patent Law in Global Perspective, New York, NY, Oxford University Press, 2014.

    Okediji, R.L., Bagley, M.A., Patent Law in Global Perspective, New York, NY, Oxford University Press, 2014.

    Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.

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  • Sanghoon, A., Bronwyn, H.H., Keun, L. (eds.), Intellectual Property for Economic Development, Cheltenham, UK, Northampton, USA, Edward Elgar, Seoul, Korea Development Institute, KDI, 2014.

    Sanghoon, A., Bronwyn, H.H., Keun, L. (eds.), Intellectual Property for Economic Development, Cheltenham, UK, Northampton, USA, Edward Elgar, Seoul, Korea Development Institute, KDI, 2014.

    Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, varied actors in innovation, and multiple case studies from Asia and Latin America. IPRs and their interaction with other factors such as such as the quality of knowledge institutions (e.g. academia, public research institutes or industrial research centres such as science parks), availability of trained human capital, and networks for research collaboration or interaction (e.g. university-industry research collaboration or international collaboration) in a development context, is the subject of this book.

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

  • 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 [...]

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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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