The Design/Copyright Overlap: Is there a Resolution?

Originally published by OUP in 2012. The copyrights for the reuse of the material reside with the joined authors of the chapter. See email

Towards a harmonised regime for the legal protection of product design A market-based approach

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Property and Culture: A Case Study on Orphan Works

With the advent of the UK's withdrawal from the EU on uncertain and fluctuating terms, several concerns arise within copyright law. Part of the concern lies in the very nature of EU copyright law which, unlike counterpart satellite areas such as patent, design and trade mark laws, is unitary in parts, and is subject to continuous EU reform. Part of the concern also lies in the nature of several copyright principles which have no UK counterpart, and which have been newly introduced. Whether or not the UK reverts to a pre-EU situation, we need to consider whether EU copyright law following Brexit will be interpreted by reference to prior CJEU law, and if not, how will jurists treat these EU-derived principles? This article focuses primarily on the orphan works phenomenon, with some reference as well to out-of-commerce works, especially those residing within collections of publicly accessible cultural heritage institutions

Dutfield and Suthersanen on Global Intellectual Property Law

A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: * Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning * a comprehensive commentary guiding students through international, regional and comparative IP law * examination of the impact of IP on the international stage * an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions

Traditional Knowledge and Genetic Resources: Observing Legal Protection through the Lens of Historical Geography and Human Rights

National and regional legal and regulatory frameworks have been put in place to implement provisions of the 1992 Convention on Biological Diversity (CBD) on access to genetic resources and traditional knowledge and benefit sharing from their use. However, few meaningful benefits from access and benefit sharing (ABS) frameworks have been secured by groups holding traditional knowledge associated with genetic resources (TKGR) or by other developing country stakeholders. Our hypothesis is that ABS frameworks can only work effectively and equitably in a world in which the geographies of genetic resources and of associated traditional knowledge are sufficiently static, and where the norm is for there to be unequivocal linkages between knowledge-holding individuals and groups, biological matter and information of actual or potential human use associated with this knowledge, and specific and identifiable places. We argue that by and large this is not the case. We show how a historical geography perspective informed by anthropology and ethnoecology is extremely useful in separating those instances where benefit sharing with a specific group or community is due and is practicable, and those probably far more common situations where either no benefits are due, or else such benefits must be distributed using existing norms by means of a multilateral mechanism. Our skepticism about the current tendency to focus narrowly either on ABS frameworks or on intellectual property law leads us to the view that a human rights framework that we construct based on existing international instruments offers a more robust, comprehensive and culturally sensitive legal structure that addresses the legitimate concerns of indigenous peoples that can be applied both within and – which is probably preferable – outside of conventional ABS frameworks and intellectual property-related norms

Dutfield and Suthersanen on Global Intellectual Property Law Second Edition

A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context

An Autonomous EU Functionality Doctrine for Shape Exclusions

Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition