Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
18 - An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
from A - Intellectual “Property” and its Limits
Published online by Cambridge University Press: 29 December 2020
By
Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
Striking an appropriate balance in the intellectual property system has been the subject of a perennial scholarly and policy debate. Article 7 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) states explicitly that ‘[t]he protection and enforcement of intellectual property rights should contribute to … a balance of rights and obligations’. The preamble of the WIPO Copyright Treaty (WCT) also recognises ‘the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information’.2
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 232 - 241Publisher: Cambridge University PressPrint publication year: 2021