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Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate.The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its the detailed references, cross-referencing and suggestions for further readings, "EU Intellectual Property Law and Policy" is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.
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EU Intellectual Property Law and Policy
ELGAR EUROPEAN LAW Series editor: John Usher, formerly Professor of European Law and Head, School of Law, University of Exeter, UK European integration is the driving force behind constant evolution and change in the laws of the member states and the institutions of the European Union. This important series will offer short, state-of-the-art overviews of many specific areas of EU law, from competition law to consumer law and from environmental law to labour law. Whilst most books will take a thematic, vertical approach, others will offer a more horizontal approach and consider the overarching themes of EU law. Distilled from rigorous substantive analysis, and written by some of the best names in the field, as well as the new generation of scholars, these books are designed both to guide the reader through the changing legislation itself, and to provide a firm theoretical foundation for advanced study. They will be an invaluable source of reference for scholars and postgraduate students in the fields of EU law and European integration, as well as lawyers from the respective individual fields and policymakers within the EU. Titles in the series include: EU Consumer Law and Policy Stephen Weatherill EU Private International Law Harmonization of Laws Peter Stone EU Public Procurement Law Christopher H. Bovis EU Criminal Law and Justice Maria Fletcher and Robin Lööf with Bill Gilmore Judicial Review in EU Law Alexander H. Türk EU Intellectual Property Law and Policy Catherine Seville
EU Intellectual Property Law and Policy
Catherine Seville Vice-Principal and Director of Studies in Law, Newnham College and University Lecturer at the Faculty of Law, University of Cambridge, UK
ELGAR EUROPEAN LAW
Edward Elgar Cheltenham, UK • Northampton, MA, USA
© Catherine Seville 2009 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2008943825
ISBN 978 1 84720 123 2 Typeset by Cambrian Typesetters, Camberley, Surrey Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall
The Author and Publisher are grateful to the late John Usher for his support for this book and the Elgar European Law series.
Contents Preface Table of cases Table of legislati