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.
Editors
Contributors
Preface
Introduction
Susy Frankel & Daniel Gervais
Part I Going Global
Chapter 1 Enforcing Intellectual Property Claims Globally When Rights Are Defined Territorially Rochelle C. Dreyfuss
Chapter 2 An Economy of Scarcity (of Smart Information) Margaret Chon
Chapter 3 Passing Off, the Internet, and the Global Marketplace Barbara Lauriat
Part II Publicity Rights for People and Events
Chapter 4 The Right of Publicity: A Cautionary Tale from the United States Stacey L. Dogan
Chapter 5 Pictorial Publics, the Visual Internet and Image Rights Megan Richardson & Julian Thomas
Chapter 6 Sui Generis Protection for Sporting Emblems and Words: A Triumph of Pragmatism over Principle Susan Corbett & Alexandra Sims
Part III Sui Generis Rights to Safeguard Culture
Chapter 7 Reconciling Tradition and Innovation: Geographical Indications of Origin as Incentives for Local Development and Expressions of a “Good Quality Life” Irene Calboli
Chapter 8 Traditional Cultural Heritage and Alternative Means of Regulation: Issues of Access and Restriction Online Jessica C. Lai
Part IV Beyond Copyright and Patents
Chapter 9 Something Completely Different: Europe’s Sui Generis Database Right P. Bernt Hugenholtz
Chapter 10 Trade Secret Harmonization and the Search for Balance Sharon K. Sandeen
Chapter 11 China’s Approach to Trade Secrets Protection: Is a Uniform Trade Secrets Law in China Needed? Ping Xiong
Part V The Problems and Opportunities of Enforcement
Chapter 12 Enforcement: A Neglected Child in the Intellectual Property Family Peter K. Yu
Chapter 13 Are New Modes of Criminal and Civil Enforcement a New Form of Intellectual Property? Reto M. Hilty
Index
Susy Frankel, Daniel Gervais
Calidad y Medioambiente
