New Frontiers of Intellectual Property Law: IP and Cultural Heritage - Geographical Indications - Enforcement - Overprotection(Studies in Industrial Property and Copyright Law)

This book, arising from the collaboration between the IEEM in Macao and the Max Planck Institute in Munich, provides up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The first two parts of the book give broad coverage to the protection of relative newcomers to the field of international intellectual property: cultural heritage and geographical indications. The third part deals with issues of enforcement which have become a major point of interest since the substantive intellectual property rules were put in place. Particular emphasis is given to enforcement systems in Asia, and to the subject matter of criminal enforcement that in many parts of the world is considered an important tool of effective protection. The final part of the book deals with the issue of multiple protection and overprotection, now a growing issue in IP law.

Table of Contents:
Part 1 – IP Cultural Heritage 1. Back to the Future: Intellectual Property Rights and the Modernisation of Traditional Chinese Medicine Bryan Bachner 2. Traditional Knowledge and Intellectual Property Rights in Australia and Southeast Asia Christoph Antons 3. Copyright Collecting Societies in Developing Countries: Possibilities and Dangers Sibylle E Schlatter 4. Maori Culture and Trade Mark Law in New Zealand Earl Gray Part 2 – Geographical Indications 5. Geographical Indications: International, Bilateral and Regional Agreements Christopher Heath 6. Future Solutions for Protecting Geographical Indications Worldwide Anselm Kamperman Sanders 7. The Conflict Between Trade Marks and Geographical Indications – The Budweiser Case in Portugal Antonio Corte-Real Part 3 – Multiple and Overprotection of IP Rights 8. Software and Computer-Related Inventions: Protection by Patent and Copyright Giovanni F Casucci 9. The Protection of Aesthetic Creations as Three-Dimensional Marks, Designs, Copyright or Under Unfair Competition Christopher Heath 10. Copyright, Contract and the Legal Protection of Technological Measures: Providing a Rationale to the ‘Copyright Exceptions Interface’ Thomas Heide 11. Essential Facilities and Appropriate Remuneration of Achievements Anselm Kamperman Sanders 12. Terminator Genes as “Technical” Protection Measures for Patents? Stephen Hubicki and Brad Sherman Part 4 – Enforcement 13. Enforcing Industrial Property Rights: Patent Protection From a Comparative Viewpoint Dieter Stauder 14. Criminal Enforcement of Intellectual Property Rights: Interaction Between Public Authorities and Private Interests Gregor Urbas 15. Recent Developments in Judicial Protection for Intellectual Property in China Lu Guoqiang 16. The Enforcement of Intellectual Property Rights in Hong Kong Gabriela Kennedy and Henry Wheare

About the Author :
Dr Christopher Heath is section head for Asia and the Commonwealth at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, Munich. Anselm Kamperman Sanders is Professor in European and International Intellectual Property Law at Maastricht University, The Netherlands.

Review :
Its various contributions,..provide focused criticisms of intellectual property as a living cultural and economic entity…this book adds much to the current debate in the fields it covers,… ...an excellent up-to-date resource for academics and lawyers and the well-researched papers provide comprehensive summaries of the individual topics. The editors have done a commendable job of grouping together the relevant papers under appropriate subject headings…