The Europeanisation of Intellectual Property Law Towards a Legal Methodology

by Pila, Justine; Ohly, Ansgar

• ISBN13: 9780199665105
• ISBN10: 0199665109
• Format: Hardcover
• Copyright: 2014-01-07
• Publisher: Oxford University Press

Author Biography

Justine Pila, Lecturer, University of Oxford,Ansgar Ohly, Professor, University of Oxford and University of Bayreuth, Germany

Dr Justine Pila is a university lecturer in IP law at the University of Oxford. She is the author of The Requirement for and Invention in Patent Law (OUP, 2012). She convenes the Law Faculty's Intellectual Property subject group and teaches on all of its IP programmes, including the two FHS IP options, the BCL option, and the Postgraduate Diploma in IP Law and Practice. Her main areas of research are copyright and patent law in all of their doctrinal, theoretical and historical aspects. Prior to 2004 Justine had been writing her PhD after a stint in private practice and working for the Chief Justice of the Australian Federal Court.

Professor Ansgar Ohly has a chair in civil law and IP law at the University of Bayreuth, Germany. He joined the University of Oxford as a Visiting Professor of Law in October 2009. His fields of research are all areas of intellectual property law, unfair competition law and the law of privacy and publicity, with a special focus on European harmonisation and on the comparison between civil law and common law systems.

Table of Contents

Introduction, Justine Pila
PART I: MODELS OF HARMONISATION
1. Models of Harmonisation, Mr Justice Arnold
2. The Europeanisation of Trade Mark Law: A Model for Harmonisationa
PART II: PURSUING HARMONISATION
3. European Harmonisation of Intellectual Property Law: Towards a Competitive Model, Professor Jan Smits & Professor Bernt Hugenholz
4. Is Harmonisation a Good Thinga The Case of the Copyright Acquis
PART III: CREATING EUROPEAN IP COURTS
5. Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture, Advocate General Jaaskinen
6. On the Proposals for a Unified Patent Court in Europe, Professor Jan Brinkhof
PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES
7. Rhetoric and Reality: The Impact of Consitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of P2P, Dr Catherine Seville
8. The Impact of Constitutional Rights and Values, Professor Ansgar Ohly
PART V: THE IMPACT OF GENERAL EU LAW ON IP LAW
9. The Impact of General EU Law on IP Law, Professor Christopher Wadlow
10. The Balancing Impact of General EU Law on European IP Jurisprudence, Professor Alain Strowel
PART VI: EUROPEAN AND NATIONAL COURTS: CO-OPERATION OR CONFRONTATIONn
11. European and National Courts: Co-operation or Confrontationa
12. The Relationship Between European and National Courts, Professor Sir Robin Jacob
PART VII: TOWARDS A EUROPEAN METHODOLOGYn
13. Towards a European Legal Methodologya
14. Towards a European Legal Methodology: Lessons From Patent Law, Dr Justine Pila
15. Conclusion, Ansgar Ohly
16. Account of the Conference, Justine Pila & Ansgar Ohly
17. Conclusing Remarks, Justine Pila & Ansgar Ohly