- Judul Buku: Intellectual Property Law (Molengrafica Series 2004)
- Penulis: F. Willem Grosheide dan Jan J. Brinkhof
- Penerbit: Netherlands : Molengraaff Institute for Private Law, [2005]
- Bahasa: Inggris
- ISBN: 9050954812
Sinopsis Buku Intellectual Property Law (Molengrafica Series 2004)
The present collection of articles is being published as number 15 in the Molengrafica Series under the aegis of the Molengraaff Institute for Private Law, a series which has been issued since 1988.
In the Series generally some of the results emanating from research carried out by researchers belonging to the Institute or working regularly or incidentally in cooperation with the Institute in the fields of international commercial contracts and intellectual property law are published.
This issue is the second in a row that has been prepared by the Institute’s Center for Intellectual Property Law (CIER) and is therefore completely dedicated to intellectual property law. In fact, the issue contains the elaborated papers which were presented during the 2004 Conference of the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), organised in that same year by the CIER.
ATRIP meets regularly at its Annual Conference to debate the increasingly new dimensions of intellectual property law. The Association encourages and organizes contacts among professors and researchers by correspondence, visits, seminars, symposia and other meetings. ATRIP has now become a premier non-governmental forum for teachers and researchers in the cause of promoting intellectual property law.
As indicated by the title of this issue the conference’s main theme can adequately be described as an exploration of the many crossroads which present themselves in and between the various domains of today’s intellectual property law as well as beyond that domain in its true sense.
A crossroads, first, in those instances in which reference is made to the simultaneous application of different intellectual property law regimes (e.g. copyright law, trademark law and design law). Part 1, Concurrence and Convergence of IPRs, is dedicated to that particular issue. A crossroads, second, since societal and paradigmatic developments require a reassessment of how to define and to delineate the public domain.
Part II explores this issue particularly in the light of the dissemination of knowledge and culture. A crossroads, third, and in a rather different perspective, relating to the relationship between intellectual property law and human rights law.
Adopting that perspective, Part III relates intellectual property law to the legal status of cultural property, a relationship which merits attention due to the growing importance of the protection, promotion and preservation of cultural diversity and cultural heritage.
Part IV deals with trademark law and its rather intriguing application as a legal instrument to commercialise one’s persona. A crossroads here connecting commercial law with personality rights. Part V comes to terms with what is called by some a paradigm shift in patent law: the diminishing importance, as it were, of the traditional requirement that patentable subject-matter should be of a technical nature.
A crossroads indeed present in this respect as to how to accommodate traditional pigeon-hole-based intellectual property law as regards this development. Finally, a crossroads in Part VI, raising the question whether the digital and networking technologies which enable copyright right owners to control the use of their works to the detriment of users, is a blessing or a curse.
As becomes clear from the contents, the editing of this issue bears the stamp of its origin, i.e. consisting of articles initially presented as conference papers (the different parts of this book concur with the sessions of the conference). Indeed, personal choice reigns with regard to the format, the use of bibliographical references and so on.
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