New Frontiers of Intellectual Property Law

This book, arising from the collaboration between the IEEM in Macao and the Max Planck Institute in Munich, provides up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The first two parts of the book give broad coverage to the protection of relative newcomers to the field of international intellectual property: cultural heritage and geographical indications. The third part deals with issues of enforcement which have become a major point of interest since the substantive intellectual property rules were put in place. Particular emphasis is given to enforcement systems in Asia, and to the subject matter of criminal enforcement that in many parts of the world is considered an important tool of effective protection. The final part of the book deals with the issue of multiple protection and overprotection, now a growing issue in IP law.

Part 1 – IP Cultural Heritage

1. Back to the Future: Intellectual Property Rights and the Modernisation of Traditional Chinese Medicine
Bryan Bachner

2. Traditional Knowledge and Intellectual Property Rights in Australia and Southeast Asia
Christoph Antons

3. Copyright Collecting Societies in Developing Countries: Possibilities and Dangers
Sibylle E Schlatter

4. Maori Culture and Trade Mark Law in New Zealand
Earl Gray

Part 2 – Geographical Indications

5. Geographical Indications: International, Bilateral and Regional Agreements
Christopher Heath

6. Future Solutions for Protecting Geographical Indications Worldwide
Anselm Kamperman Sanders

7. The Conflict Between Trade Marks and Geographical Indications – The Budweiser Case in Portugal
Antonio Corte-Real

Part 3 – Multiple and Overprotection of IP Rights

8. Software and Computer-Related Inventions: Protection by Patent and Copyright
Giovanni F Casucci

9. The Protection of Aesthetic Creations as Three-Dimensional Marks, Designs, Copyright or Under Unfair Competition
Christopher Heath

10. Copyright, Contract and the Legal Protection of Technological Measures: Providing a Rationale to the 'Copyright Exceptions
Interface'
Thomas Heide

11. Essential Facilities and Appropriate Remuneration of Achievements
Anselm Kamperman Sanders

12. Terminator Genes as “Technical” Protection Measures for Patents?
Stephen Hubicki and Brad Sherman

Part 4 – Enforcement

13. Enforcing Industrial Property Rights: Patent Protection From a Comparative Viewpoint
Dieter Stauder

14. Criminal Enforcement of Intellectual Property Rights: Interaction Between Public Authorities and Private Interests
Gregor Urbas

15. Recent Developments in Judicial Protection for Intellectual Property in China
Lu Guoqiang

16. The Enforcement of Intellectual Property Rights in Hong Kong
Gabriela Kennedy and Henry Wheare

“Its various contributions,..provide focused criticisms of intellectual property as a living cultural and economic entity…this book adds much to the current debate in the fields it covers,…” –  Professor Jeremy Phillips, European Intellectual Property Review, Vol 28, Issue 9

“...an excellent up-to-date resource for academics and lawyers and the well-researched papers provide comprehensive summaries of the individual topics. The editors have done a commendable job of grouping together the relevant papers under appropriate subject headings…” –  Shehana Wijesena, Copyright Reporter, Vol 23, No 4