International Intellectual Property Law

International intellectual property law is a vast and burgeoning field that no single author can cover. This book collects and organizes works by some of the best current authors in the field, supplementing their work with numerous essays and notes prepared by the editors. A comprehensive appendix provides the controlling provisions of the major treaties in the field.

The book's organization follows the theories underlying the protection of international intellectual property rights. For example, the editors have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while using examples drawn from patent protection to illustrate issues regarding compulsory licensing to ensure public use of certain forms of intellectual property.

Numerous diverse examples from intellectual property protection address the difficult, emerging problem of `harmonization'--the alignment of national legislation through unilateral effort and bilateral and multilateral understandings among nations. International Intellectual Property Law also includes coverage of the protection of cultural patrimony, a closely related field sometimes excluded from works on international intellectual property.

International intellectual property law issues offer no easy solutions. Differences in culture and economic development do not miraculously disappear as technology and communications shrink the world. The editors anticipate that the issues highlighted in this book will remain a source of contested legal accommodation as nations continue to struggle with the question of what norms, if any, should be established and secured for the protection of intellectual property rights.

1. Foundations
   Introduction
   Underlying Theories of International Intellectual Property Protection
2. Issue Areas
   The Cultural Impact of Intellectual Property Forms
   Neighboring Rights
   The Protection of Cultural Patrimony
   Beyond Economics: The Protection of Authorship as a Cultural Value
3. Procedures and Remedies
   Treaty Regimes
   Registration, Use and the Process for Formal Protection of Rights
   Remedies
   Government 'Takings' of Intellectual Property
   Extraterritoriality and the `Border' Problem
   Harmonization
4. Emerging Battlefields
   Technological Innovations
   Underdeveloped Countries
   Emerging Market Economies
   Appendices
   Index