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The Europeanization of Intellectual Property Law – Towards a European Legal Methodology - Oxford Scholarship Online
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The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Justine Pila and Ansgar Ohly


This book addresses some key methodological and institutional issues affecting the development of European intellectual property law. It consists of 14 chapters contributed by judges and academics from the UK and Continental Europe. After an introduction, which gives an overview of the present European intellectual property law system, the different models of harmonization that are presented by European patent, copyright and trade mark law are analysed. Another section of the book is dedicated to the influence of general EU law, such as the fundamental freedoms or competition law, on intellect ... More

Keywords: European intellectual property law, patent law, copyright law, trade mark law, legal methodology, EU law, harmonisation, proportionality, subsidiarity, unitary intellectual property rights, Court of Justice of the EU, fundamental freedoms, fundamental rights

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199665105
Published to Oxford Scholarship Online: January 2014 DOI:10.1093/acprof:oso/9780199665105.001.0001


Affiliations are at time of print publication.

Justine Pila, editor
Lecturer, University of Oxford

Ansgar Ohly, editor
Professor, University of Oxford and University of Bayreuth, Germany

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PART I The Europeanization of Intellectual Property Law

PART II Harmonization Models and Approaches

3 The Europeanization of Patent Law

Jan Smits, and William Bull

PART III The Impact of General EU Law

PART IV The Impact of Constitutional Rights and Values

9 Rhetoric and Reality

Seville Catherine

PART V European and National Courts

11 Towards a Unified Patent Court in Europe

Jan Brinkhof, and Ansgar Ohly

PART VI Towards a European Legal Methodology?

14 Concluding Remarks

Ansgar Ohly

End Matter