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Zusatztext ...this book is a substantial tome on a fast-growing area of the law which is as complex as it is important.In addition to dealing with each of the main intellectual property rights in turn, the book casts a historical eye on the evolution of IP law, and also looks at court practices on a comparative basis. The quality of the essays is very high, combining as they do intellectual rigour with breadth of knowledge. Informationen zum Autor Catherine W Ng is a Lecturer of Law at the University of Aberdeen. Lionel Bently is the Herchel Smith Professor of Intellectual Property Law at the University of Cambridge.Photograph courtesy of University of Cambridge. Giuseppina D'Agostino is an Associate Professor of Law at Osgoode Hall Law School in Canada. Klappentext This collection of essays was written in honour of David Vaver! who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays! written by some of the world's leading academics! practitioners and judges in the field of intellectual property law! take as their starting point the common assumption that the patent! copyright and trade mark laws within members of the 'common law family' (Australia! Canada! Israel! Singapore! South Africa! the United Kingdom! the United States! and so on) share some sort of common tradition. The contributors examine! in relation to particular topics! the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss! inter alia! issues concerning court practices! the medical treatment exception! non-obviousness and sufficiency in patent law! originality and exceptions in copyright law! unfair competition law! and cross-border goodwill and dilution in trade mark law. Zusammenfassung This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law. Inhaltsverzeichnis Introduction1 Emerging Divergences in the Common Law of Intellectual Property: An Overview LIONEL BENTLYCATHERINE W NGAND GIUSEPPINA D'AGOSTINOHistorical Perspectives2 Intellectual Property and the Common Law in Scotland c1700–c1850 HECTOR L MACQUEEN3 On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence: Appreciating 'the humble grey which emerges as the result of long controversy' KATHY BOWREYCourt Practices4 The Relationship between UK Common Law and the European Systems in the Context of Res Judicata HENRY CARR5 The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canada MARSHAL ROTHSTEINJAMES F HOLDERMANCHRISTOPHER FLOYDAND KATHRYN PICKARD6 Emergent Diversity in the Common Law Relating to Intellectual Property: How Domestic Court PracticeInforms Local Evolution of Law ROGER T HUGHESPaten...
