Transition and Coherence in Intellectual Property Law

Preface; Greetings to Annette Kur from the second floor; Annette Kur: toward understanding; Part I. Transition; Section 1. Forms and institutions: 1. Transitional provisions in intellectual property legislation; 2. Judicial creativity and transitions in EU IP law; 3. Before and after designers guild: another look at appellate deference in New Zealand's copyright law; 4. EU design law: transitioning towards coherence? 15 years of national case law; 5. Copyright and the CJEU - some structural deficits as seen from a german perspective; Section 2. International commitments and constraints: 6. Global intellectual property: transition and coherence through rules of interpretation; 7. Article 20 of the TRIPS agreement: up in smoke?; 8. Implementing international obligations at the national level; 9. Multiple and overlapping transitions in IP; 10. Transition and continuity in the private international law of intellectual property; 11. From nintendo wii to perfumes, driving a BMW car: a tale of transition to the wrong kind of coherence; Section 3. New agents and the challenge of new technologies: 12. Transition through automation; 13. Eye, robot: artificial intelligence and trade mark registers; 14. Patent protection of inventions involving artificial intelligence; 15. Automated profiling in new media and entertainment markets: what to protect, and how?; Part II. Coherence; Section 4. Intellectual "property" and its limits: 16. The (lack of) coherence of data ownership with the intellectual property system; 17. The threefold fictitiousness of intellectual property; 18. An intellectual property structural engineer extraordinaire and her lifelong quest for coherence; 19. Open yet secret: trading of tangible goods and trade secrets; 20. From smorgasbord to new Nordic cuisine: EU-harmonization of trade secrets protection in the Nordic countries; 21. Trade mark rights and parallel imports vis-a-vis the never-ending evolution of the behavior of firms: transition and coherence put to a test; 22. Legal concept of "exhaustion": exhausted?; 23. Building coherence in technological transitions: putting exploitation at the core of intellectual property; 24. 'Accessory exhaustion' - and use of a work as a work; Section 5. IP overlaps: 25. Intellectual property in transition: the several sides of overlapping copyright and trademark protection; 26. Cultural heritage and the public domain: what the us's myriad and mayo can teach Oslo's angry boy; 27. Public order in the light of aesthetic theory - the copyright/trademark interface after vigeland; 28. Separability as channeling: a cautionary tale; 29. Novelty, idea or new meaning as criteria for copyright protection?: transitions in swedish design law; 30. Examining functionality; 31. Substantial value and the concept of shapes; 32. Copyright and patents on software: the UPC's answer to an old problem of intellectual property overlaps; 33. Chopping off Hydra's heads: spare parts in EU design and trade mark law; Section 6. (Un-) fairness; 34. Geographical indications as intellectual property rights: beyond transition and coherence?; 35. Presence or absence of coherence in trade identity protection in the European Union; 36. Virtue ethics and private law - a sketch; 37. Closing the gap: how EU law constrains national rules against imitation?; 38. European Union law and slavish imitation - an 'update' in honour of Annette Kur; 39. The german misappropriation origins of trademark antidilution doctrine: a translation of the 1924 odol opinion of the Elberfeld Landgericht; 40. The relationship between the unfair competition regime and IP law; 41. Comparative advertising: does trade mark law over- or under- protect the average consumer? A couple of recent examples of Asian jurisdictions going their own way; Conclusion: 42. Transition and coherence in intellectual property law.