<<The>> common law of intellectual property essays in honour of Professor David Vaver

This Collection Of Essays Was Written In Honour Of David Vaver, Who Recently Retired As Professor Of Intellectual Property And Information Technology Law And Director Of The Oxford Intellectual Property Research Centre At The University Of Oxford. The Essays, Written By Some Of The World's Leading Academics, Practitioners And Judges In The Field Of Intellectual Property Law, Take As Their Starting Point The Common Assumption That The Patent, Copyright And Trade Mark Laws Within Members Of The Common Law Family (australia, Canada, Israel, Singapore, South Africa, The United Kingdom, The United States, And So On) Share Some Sort Of Common Tradition. The Contributors Examine, In Relation To Particular Topics, The Extent To Which Such A Shared View Of The Field Exists In The Face Of Other Forces That Are Producing Divergence. The Essays Discuss, Inter Alia, Issues Concerning Court Practices, The Medical Treatment Exception, Non-obviousness And Sufficiency In Patent Law, Originality And Exceptions In Copyright Law, Unfair Competition Law, And Cross-border Goodwill And Dilution In Trade Mark Law. -- Publisher's Information. Emerging Divergences In The Common Law Of Intellectual Property : An Overview / Lionel Bentley, Catherine W. Ng And Giuseppina D'agostino -- Intellectual Property And The Common Law In Scotland C1700-c1850 / Hector L. Macqueen -- On Clarifying The Role Of Originality And Fair Use In Nineteenth Century Uk Jurisprudence : Appreciating 'the Humble Grey Which Emerges As The Result Of Long Controversy' / Kathy Bowrey -- The Relationship Between Uk Common Law And The European Systems In The Context Of Res Judicata / Henry Carr -- The Conduct Of A Patent Trial From The Perspective Of Practice In The Us, Uk, And Canada / Marshall Rothstein ... [et Al.] -- Emergent Diversity In The Common Law Relating To Intellectual Property : How Domestic Court Practice Informs Local Evolution Of Law / Roger T. Hughes -- A Common Law Prescription For A Medical Malaise / Tina Piper -- Claiming A Life : Are Organisms Inherently Unpatentable? / Graham Dutfield -- Divergent Approaches In Defining The Appropriate Level Of Inventiveness In Patent Law / Ann Monotti -- Sufficiency Of Disclosure In The Common Law : Complexity, Divergence And Confusion / Sivaramjani Thambisetty -- Common Law Approaches To The Requirement Of Originality / Sam Ricketson -- Finding Originality In Recreative Copyright Works / Burton Ong -- The Emancipation Of Fair Use In Israel / Lior Zemer -- Unfair Competition By Misappropriation : The Reception Of International News In The Common Law World / Christopher Wadlow -- The Common Law And Trade Marks In An Age Of Statutes / Graeme B. Dinwoodie -- Protecting Extraterritorial Goodwill : Exploring The Impetus Behind A Common Law / A. Kelly Gill -- Death Of A Trade Mark Doctrine? : Dilution Of Anti-dilution / Louis Tc Harms -- Postscript : Was There Ever A Common Law Of Intellectual Property? / Lionel Bently, Catherine W. Ng And Giuseppina D'agostino. Edited By Catherine W. Ng, Lionel Bently And Giuseppina D'agostino. David Vaver--curriculum Vitae: P. [423]-431. Includes Bibliographical References And Index. Cover 1 Prelims 2 Foreword 6 Contents 12 List of Contributors 14 Table of Cases 20 Table of Legislation 44 Table of International Instruments 55 Introduction 58 1 Emerging Divergences in the Common Law of Intellectual Property 60 Historical Perspectives 76 2 Intellectual Property and the Common Law in Scotland c1700–c1850 78 3 On Clarifying the Role of Originality and Fair Use in Nineteenth Century UK Jurisprudence 102 Court Practices 128 4 The Relationship between UK Common Law and the European Systems in the Context of Res Judicata 130 5 The Conduct of a Patent Trial from the Perspective of Practice in the US, UK and Canada 156 6 Emergent Diversity in the Common Law Relating to Intellectual Property 182 Patents 198 7 A Common Law Prescription for a Medical Malaise 200 8 Claiming a Life: are Organisms Inherently Unpatentable? 218 9 Divergent Approaches in Defining the Appropriate Level of Inventiveness in Patent Law 234 10 Sufficiency of Disclosure in the Common Law 256 Copyright 276 11 Common Law Approaches to the Requirement of Originality 278 12 Finding Originality in Recreative Copyright works 312 13 The Emancipation of Fair Use in Israel 338 Trade Marks and Unfair Competition 362 14 Unfair Competition by Misappropriation: the Reception of International News in the Common Law World 364 15 The Common Law and Trade Marks in an Age of Statutes 388 16 Protecting Extraterritorial Goodwill 410 17 Death of a Trade Mark Doctrine? Dilution of Anti-Dilution 436 Conclusion 456 18 Postscript 458 David Vaver: Curriculum Vitae 480 Index 490 This festschrift was written in honor of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners, and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright, and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the UK, the US, etc.) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.