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 systematic classification → Intellectual property and subject heading (keyword) Intellectual Property are 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. Case C-414/11 Daiichi: The Impact of the Lisbon Treaty on the Competence of the European Union over the TRIPS Agreement
Case C-414/11 Daiichi: The Impact of the Lisbon Treaty on the Competence of the European Union over the TRIPS Agreement / Isabelle Van Damme In: Cambridge Journal of International and Comparative Law = ISSN 2050-1706: vol. 4, issue 1, page 73-87. - 2015
Keywords: European Union, Court of Justice of the European Union, TRIPS Agreement (Marrakesh, 15 April 1994), Trade policy, Competence, Intellectual property, Cases,

Bibliography

Reference works

Books & Articles

 

Documents

Periodicals, serial publications

Bibliographies

Systematic classification → Intellectual property

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. Case C-414/11 Daiichi: The Impact of the Lisbon Treaty on the Competence of the European Union over the TRIPS Agreement
Case C-414/11 Daiichi: The Impact of the Lisbon Treaty on the Competence of the European Union over the TRIPS Agreement / Isabelle Van Damme In: Cambridge Journal of International and Comparative Law = ISSN 2050-1706: vol. 4, issue 1, page 73-87. - 2015
Keywords: European Union, Court of Justice of the European Union, TRIPS Agreement (Marrakesh, 15 April 1994), Trade policy, Competence, Intellectual property, Cases,

Librarian's choice

  • Ruse-Khan, H.G., The Protection of Intellectual Property in International Law, Oxford, United Kingdom, Oxford University Press, 2016.

    Ruse-Khan, H.G., The Protection of Intellectual Property in International Law, Oxford, United Kingdom, Oxford University Press, 2016.

    This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. These frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law: the intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements as well as European human rights treaties. Part four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

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  • Lai, J.C., Intellectual Property and Access to Im/material Goods, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.

    Lai, J.C., Intellectual Property and Access to im/material goods, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.

    Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.

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  • Stamatoudi, I.A., New Developments in EU and International Copyright Law, Alphen aan den Rijn, Wolters Kluwer, 2016.

    Stamatoudi, I.A., New Developments in EU and International Copyright Law, Alphen aan den Rijn, Wolters Kluwer, 2016.

    New Developments in EU and International Copyright Law  draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications’, white papers and court decisions – at both European Union and the World Intellectual Property Organization levels. More than a source of income and a means of protection for creators, rightholders and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. Throughout the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions and other forces, European and global. Although it has met certain challenges – some of those involving new technologies – copyright ‘stretching’ may have reached its limit. This book thus offers a multi-faceted approach to comprehend the ongoing developments in copyright, taking into account politics, policies, the law and what is attainable in the given circumstances.

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  • Perry, M., Global Governance of Intellectual Property in the 21st century : reflecting Policy through Change, Cham, Springer, 2016.

    Perry, M., Global Governance of Intellectual Property in the 21st century : reflecting Policy through Change, Cham, Springer, 2016.

    This book analyses the governance foundations of  innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments.

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  • Frankel, S., The Internet and the Emerging Importance of New Forms of Intellectual Property, Alphen aan den Rijn, Wolters Kluwer, 2016.

    Frankel, S., The Internet and the emerging Importance of New Forms of Intellectual Property, Alphen aan den Rijn, Wolters Kluwer, 2016.

    The Internet and the Emerging Importance of New Forms of Intellectual Property scrutinizes the existence of commonalities in the realm of intellectual property (IP) rights. The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of IP. Not only do these rights generally have less solid normative footing and few, if any, well-understood inherent limits, but the borders of their misappropriation are hard to draw as well. This book poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights.

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  • Kennedy, M., WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework, Cambridge, Cambridge University Press, 2016.

    Kennedy, M., WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework, Cambridge, Cambridge University Press, 2016.

    The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

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  • Frankel, S., and D.J. Gervais, Advanced Introduction to International Intellectual Property, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.

    Frankel, S., and D.J. Gervais, Advanced Introduction to International Intellectual Property, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2016.

    This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include:  accessible and carefully summarized overview of the field, comprehensive and up-to-date review of all major international intellectual property institutions and instruments, introduces current issues within international IP negotiations  and provides tools to analyze the history and possible future development of international IP norms.

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  • Ullrich, H., and R.M. Hilty (eds.), TRIPS plus 20 : from Trade Rules to Market Principles, Berlin, Springer, 2016 (e-book).

    Ullrich, H., and R.M. Hilty, (eds.), TRIPS plus 20 : from trade rules to market principles, Berlin, Springer, 2016 (e-book).

    This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.

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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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Systematic classification → Intellectual property