Intellectual Property at the Edge The Contested Contours of IP [Hardcover]

Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.Through the prism of leading cases, this book will focus on new and evolving forms of intellectual property, such as the right of publicity and the protection of traditional knowledge, and on evolving limitations, including limits on the subject matter and scope of intellectual property rights.Through the prism of leading cases, this book will focus on new and evolving forms of intellectual property, such as the right of publicity and the protection of traditional knowledge, and on evolving limitations, including limits on the subject matter and scope of intellectual property rights.Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.Foreword: a real property lawyer cautiously inspects the edges of intellectual property Carol Rose; Part I. Right of Publicity: 1. Haelan Laboratories v. Topps Chewing Gum: publicity as a legal right Stacey Dogan; 2. Do the French have their own 'Haelan' case? The droit ? l'image as an emerging intellectual property David Lefranc;l“.