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  3. Cambridge Intellectual Property and Information Law

As its economic potential has rapidly expanded, intellectual property has become a subject of front-rank legal importance. Cambridge Intellectual Property and Information Law is a series of monograph studies of major current issues in intellectual property. Each volume contains a mix of international, European, comparative and national law, making this a highly significant series for practitioners, judges and academic researchers in many countries.

  • General Editors: Lionel Bently, University of Cambridge, Graeme Dinwoodie, Chicago-Kent College of Law, Illinois Institute of Technology
  • Advisory Editors: François Dessemontet, Université de Lausanne, Switzerland, Paul Goldstein, Stanford University, California, Robin Jacob, University College, London

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64 results in Cambridge Intellectual Property and Information Law

Page 4 of 4

Software and Patents in Europe
  • Philip Leith
  • Published online:
    22 July 2009
    Print publication:
    18 October 2007
  • The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

The Commercial Appropriation of Personality
  • Huw Beverley-Smith
  • Published online:
    07 July 2009
    Print publication:
    15 August 2002
  • Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Privacy, Property and Personality
  • Civil Law Perspectives on Commercial Appropriation
  • Huw Beverley-Smith, Ansgar Ohly, Agnes Lucas-Schloetter
  • Published online:
    04 July 2009
    Print publication:
    24 November 2005
  • The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.

The Legal Protection of Databases
  • Mark J. Davison
  • Published online:
    30 June 2009
    Print publication:
    26 June 2003
  • Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.

Page 4 of 4