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Explores a range of public and private law topics relevant to technical standards and the global standardization environment.
List of contents
Introduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.
About the author
Jorge L. Contreras is a Professor of Law at the University of Utah, S.J. Quinney College of Law and an internationally-recognized authority on the law of technical standard-setting. His work has been cited by scholars, courts and regulatory agencies throughout the United States, Europe, and Asia and he has published more than sixty scholarly articles and chapters on this topic alone. He has twice received first prize in the Standards Engineering Society's scholarly paper competition, and in 2018 was awarded the Standards Education Award by the Institute of Electrical and Electronics Engineers (IEEE) Standards Association.
Summary
This volume assesses and analyzes legal aspects of technical standards and standardization, focusing on key areas including administrative, trade, copyright, trademark, and certification law. It will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
