The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) - rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights.
Sixteen distinguished contributors offer in-depth analyses of such rights as the following:
- - trade secrets;
- - image and publicity rights;
- - geographical indications;
- - traditional knowledge;
- - protection of databases; and
- - sports rights and ambush marketing.
Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP.
Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.