Protection of Geographic Names in International Law and Domain Name System
Protection of Geographic Names in International Law and Domain Name System

Author: Heather Ann Forrest

Publisher: Kluwer Law International B.V.

Published: 2017-03-15

Total Pages: 253

ISBN-13: 9041146970

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Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group

The Protection of Geographical Indications
The Protection of Geographical Indications

Author: Michael Blakeney

Publisher: Edward Elgar Publishing

Published: 2024-09-06

Total Pages: 733

ISBN-13: 1035332264

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In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws which regulate the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. Key updates include new material exploring the 2023 Regulation on GIs for craft and industrial products, and the protection of wine GIs under the Common Organisation of Agricultural Markets (CMO).

Is Intellectual Property Pluralism Functional?
Is Intellectual Property Pluralism Functional?

Author: Susy Frankel

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 493

ISBN-13: 1788977998

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The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.

Generic Top-Level Domains
Generic Top-Level Domains

Author: Tobias Mahler

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 260

ISBN-13: 1786435144

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This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.

Global Governance of Intellectual Property in the 21st Century
Global Governance of Intellectual Property in the 21st Century

Author: Mark Perry

Publisher: Springer

Published: 2016-05-24

Total Pages: 254

ISBN-13: 3319311778

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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. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.

The Future of Intellectual Property
The Future of Intellectual Property

Author: Daniel J. Gervais

Publisher: Edward Elgar Publishing

Published: 2021-05-28

Total Pages: 384

ISBN-13: 1800885342

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This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.

Competing for the Internet
Competing for the Internet

Author: Flip Petillion

Publisher: Kluwer Law International B.V.

Published: 2017-03-15

Total Pages: 341

ISBN-13: 9041182764

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The Internet Corporation for Assigned Names and Numbers (ICANN), founded in 1998, is a not-for-profit public-benefit corporation established to ensure a stable and secure global Internet. As the custodian of the Domain Name System (DNS), one of its key responsibilities is the introduction and promotion of competition in Internet-related markets, an aim which ICANN has tried to achieve through the delegation of generic top-level domains (gTLDs). This book investigates how successful ICANN has been in achieving this goal. Over the years, ICANN has been required to decide on a substantial number of complaints from applicants for gTLDs related to capture, arbitrariness, discrimination, and unwarranted restriction of competition. This book is the first detailed study of complaints related to ICANN decisions that have been brought using ICANN's Independent Review Process (IRP). The authors - preeminent expert practitioners in international litigation and arbitration related to Internet governance - take a close look at how ICANN has handled the major issues raised and how ICANN has shaped its own accountability mechanisms. The book also weighs the influence of external accountability on ICANN’s decision-making process and considers the implications of third-party decisions (such as IRP decisions) for the ongoing development of the Internet. This authoritative analysis covers: • the regulatory framework governing ICANN and the introduction of new gTLDs in a historic perspective; • ICANN’s accountability framework; • all the IRP cases that have been decided to date, with an in-depth analysis of those cases that have become reference decisions in the latest application round; and • the 2016 amendments to ICANN’s articles of incorporation and bylaws, concentrating on the problems that remain unresolved. This work is a welcome addition to the debate on how to address the shortcomings in ICANN’s accountability in the interests of the global Internet community. The authors make concrete proposals and recommendations, suggesting changes to ICANN’s regulatory framework in the light of the lessons learned and with a view to preventing similar problems arising in a next round of gTLD applications. This book has the potential to become the Green Book for fundamental changes to ICANN’s accountability framework.

Pluralism or Universalism in International Copyright Law
Pluralism or Universalism in International Copyright Law

Author: Tatiana Eleni Synodinou

Publisher: Kluwer Law International B.V.

Published: 2019-10-24

Total Pages: 572

ISBN-13: 9403503335

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In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Protecting Individuals Against the Negative Impact of Big Data
Protecting Individuals Against the Negative Impact of Big Data

Author: Manon Oostveen

Publisher: Kluwer Law International B.V.

Published: 2018-07-13

Total Pages: 266

ISBN-13: 9403501413

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In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.