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Code, autonomous concepts and procedure: Stepping stones for European law?

Lookup NU author(s): Professor Alison Firth

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Abstract

© Springer International Publishing Switzerland 2016. Two propositions are advanced in this paper as important to development of intellectual property in the European Union: 1. Judicial development of law is often seen as a feature of the common law (as opposed to civil law) world; but is at work in the European Union on intellectual property issues. 2. In intellectual property and related rights, procedure and remedies govern what issues come into prominence. Examples of these in European Union law-making on intellectual property will be identified. Code or procedure have already driven developments in trade mark and design law through interpretation of European Union legislation, and in trade secrets where a proposed directive was arguably driven by the exclusion of trade secrets from Directive 2004/48/4EC on enforcement of intellectual property rights. When in operation, the Unitary Patent Regulations and the rules of the Unified Patents Court may become ‘stepping-stones’ for future development.


Publication metadata

Author(s): Firth A

Publication type: Book Chapter

Publication status: Published

Book Title: Global Governance of Intellectual Property in the 21st Century: Reflecting Policy Through Change

Year: 2016

Pages: 71-84

Print publication date: 25/05/2016

Online publication date: 25/05/2016

Acceptance date: 02/04/2016

Publisher: Springer International Publishing

Place Published: Cham

URL: https://doi.org/10.1007/978-3-319-31177-7_5

DOI: 10.1007/978-3-319-31177-7_5

Library holdings: Search Newcastle University Library for this item

ISBN: 9783319311777


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