{"title":"Parallel trade of pharmaceuticals in the European Union—impact of the recent decisions of the CJEU addressing repackaging and safety features","authors":"Jörg Smolinski","doi":"10.1093/jiplp/jpad078","DOIUrl":"https://doi.org/10.1093/jiplp/jpad078","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135048957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Urgency in preliminary injunctions in patent law (with a discussion of Solarzelle II and Bortezomib II) Get access Stephan Neuhaus Stephan Neuhaus * Email: stephan.neuhaus@allenovery.com. The article was first published in GRUR-RR 2023, 200. The second publication is made with the kind permission of the publisher C.H.Beck. Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 10, October 2023, Pages 743–748, https://doi.org/10.1093/jiplp/jpad070 Published: 29 August 2023 Article history Received: 12 July 2023 Editorial decision: 21 July 2023 Accepted: 01 August 2023 Corrected and typeset: 29 August 2023 Published: 29 August 2023
{"title":"Urgency in preliminary injunctions in patent law (with a discussion of Solarzelle II and Bortezomib II)","authors":"Stephan Neuhaus","doi":"10.1093/jiplp/jpad070","DOIUrl":"https://doi.org/10.1093/jiplp/jpad070","url":null,"abstract":"Journal Article Urgency in preliminary injunctions in patent law (with a discussion of Solarzelle II and Bortezomib II) Get access Stephan Neuhaus Stephan Neuhaus * Email: stephan.neuhaus@allenovery.com. The article was first published in GRUR-RR 2023, 200. The second publication is made with the kind permission of the publisher C.H.Beck. Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 10, October 2023, Pages 743–748, https://doi.org/10.1093/jiplp/jpad070 Published: 29 August 2023 Article history Received: 12 July 2023 Editorial decision: 21 July 2023 Accepted: 01 August 2023 Corrected and typeset: 29 August 2023 Published: 29 August 2023","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"1828 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136281184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies Get access Rob J Aerts Rob J Aerts * Email: rob.aerts@adm.com. Any unintentional misinterpretation of the literature cited is solely the author’s error, and any opinions expressed beyond those in the literature cited reflect the personal views of the author only. Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 10, October 2023, Pages 749–753, https://doi.org/10.1093/jiplp/jpad071 Published: 29 August 2023 Article history Received: 25 April 2023 Revision received: 18 July 2023 Editorial decision: 26 July 2023 Accepted: 01 August 2023 Corrected and typeset: 29 August 2023 Published: 29 August 2023
{"title":"After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies","authors":"Rob J Aerts","doi":"10.1093/jiplp/jpad071","DOIUrl":"https://doi.org/10.1093/jiplp/jpad071","url":null,"abstract":"Journal Article After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies Get access Rob J Aerts Rob J Aerts * Email: rob.aerts@adm.com. Any unintentional misinterpretation of the literature cited is solely the author’s error, and any opinions expressed beyond those in the literature cited reflect the personal views of the author only. Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 10, October 2023, Pages 749–753, https://doi.org/10.1093/jiplp/jpad071 Published: 29 August 2023 Article history Received: 25 April 2023 Revision received: 18 July 2023 Editorial decision: 26 July 2023 Accepted: 01 August 2023 Corrected and typeset: 29 August 2023 Published: 29 August 2023","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136281185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Moving beyond theory: the relationship between local producers and GIs Get access Intellectual Property and Development: Geographical Indications in Practice Barbara Pick Routledge, 2023ISBN: 9780367513429, Hard cover, pp. 264Price: £115.00 Patricia Covarrubia Patricia Covarrubia Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 8, August 2023, Pages 615–618, https://doi.org/10.1093/jiplp/jpad059 Published: 21 June 2023 Article history Received: 11 May 2023 Editorial decision: 16 May 2023 Accepted: 05 June 2023 Published: 21 June 2023 Corrected and typeset: 26 June 2023
{"title":"Moving beyond theory: the relationship between local producers and GIs","authors":"Patricia Covarrubia","doi":"10.1093/jiplp/jpad059","DOIUrl":"https://doi.org/10.1093/jiplp/jpad059","url":null,"abstract":"Journal Article Moving beyond theory: the relationship between local producers and GIs Get access Intellectual Property and Development: Geographical Indications in Practice Barbara Pick Routledge, 2023ISBN: 9780367513429, Hard cover, pp. 264Price: £115.00 Patricia Covarrubia Patricia Covarrubia Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 8, August 2023, Pages 615–618, https://doi.org/10.1093/jiplp/jpad059 Published: 21 June 2023 Article history Received: 11 May 2023 Editorial decision: 16 May 2023 Accepted: 05 June 2023 Published: 21 June 2023 Corrected and typeset: 26 June 2023","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135089624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evolving theory of IP rights: promoting human rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights","authors":"Chelsea Bodimeade, Felicity Deane","doi":"10.1093/jiplp/jpad056","DOIUrl":"https://doi.org/10.1093/jiplp/jpad056","url":null,"abstract":"","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"295 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135603092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Answering a challenging question: is the SPC Regulation still fit for purpose in a changed pharmaceutical industry? Get access Pharmaceutical Patents under the SPC Regulation Ulla Callesen Klinge Edward Elgar, 2022 ISBN: 9781803927374, Hardcover, pp. 286 Price: £135.00 Raphael Zingg Raphael Zingg https://orcid.org/0000-0001-5298-4097 Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 7, July 2023, Page 555, https://doi.org/10.1093/jiplp/jpad050 Published: 31 May 2023 Article history Received: 16 February 2023 Editorial decision: 20 February 2023 Accepted: 12 May 2023 Corrected and typeset: 31 May 2023 Published: 31 May 2023
{"title":"Answering a challenging question: is the SPC Regulation still fit for purpose in a changed pharmaceutical industry?","authors":"Raphael Zingg","doi":"10.1093/jiplp/jpad050","DOIUrl":"https://doi.org/10.1093/jiplp/jpad050","url":null,"abstract":"Journal Article Answering a challenging question: is the SPC Regulation still fit for purpose in a changed pharmaceutical industry? Get access Pharmaceutical Patents under the SPC Regulation Ulla Callesen Klinge Edward Elgar, 2022 ISBN: 9781803927374, Hardcover, pp. 286 Price: £135.00 Raphael Zingg Raphael Zingg https://orcid.org/0000-0001-5298-4097 Search for other works by this author on: Oxford Academic Google Scholar Journal of Intellectual Property Law & Practice, Volume 18, Issue 7, July 2023, Page 555, https://doi.org/10.1093/jiplp/jpad050 Published: 31 May 2023 Article history Received: 16 February 2023 Editorial decision: 20 February 2023 Accepted: 12 May 2023 Corrected and typeset: 31 May 2023 Published: 31 May 2023","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"296 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract An author who alleged that John Lewis had copied her book for their dragon-themed Christmas advertisement was forced to publish on her website the judgment finding that no copying had taken place.
{"title":"A case of smoke without fire: children’s book author unsuccessful in dragon character copyright claim against department store chain John Lewis","authors":"Simon Clark, Rubab Zahra","doi":"10.1093/jiplp/jpad049","DOIUrl":"https://doi.org/10.1093/jiplp/jpad049","url":null,"abstract":"Abstract An author who alleged that John Lewis had copied her book for their dragon-themed Christmas advertisement was forced to publish on her website the judgment finding that no copying had taken place.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135348146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article assesses the fit of Professor Claeys’s theory of Natural Property Rights to traditional prior appropriation, the regime that allocates water in the West, and its capacity to fit the future of the regime. Natural Property Rights does not offer clear answers to the conflicts under the prior appropriation doctrine of water when there is scarcity. This Article explores the lack of determinacy of Claeys’s theory and the maladjustment between the theory and some of the foundational prior appropriation principles, which cannot be ignored even in the most stylized form of the regime. In particular, the Article analyzes the interaction between the definition of the right and the type of use, the necessity proviso in a market context, the role of greed in prior appropriation trades, and the public trust doctrine.
{"title":"Too Simple Rules for a Complex World? Prior Appropriation Water Rights as Natural Rights","authors":"Vanessa Casado-Pérez","doi":"10.37419/jpl.v9.i4.2","DOIUrl":"https://doi.org/10.37419/jpl.v9.i4.2","url":null,"abstract":"This Article assesses the fit of Professor Claeys’s theory of Natural Property Rights to traditional prior appropriation, the regime that allocates water in the West, and its capacity to fit the future of the regime. Natural Property Rights does not offer clear answers to the conflicts under the prior appropriation doctrine of water when there is scarcity. This Article explores the lack of determinacy of Claeys’s theory and the maladjustment between the theory and some of the foundational prior appropriation principles, which cannot be ignored even in the most stylized form of the regime. In particular, the Article analyzes the interaction between the definition of the right and the type of use, the necessity proviso in a market context, the role of greed in prior appropriation trades, and the public trust doctrine.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap in Claeys’s book is its failure to acknowledge and analyze the modern law of nuisance with its enriched set of remedies capable of making everyone a winner. At a macro level, Claeys (like most other natural law theorists) offers no substantive case against redistribution as an optimal method for addressing the fact that charity is a public good. The book, again in keeping with the natural law tradition, eschews any serious empiricism—indeed not a single argument it makes contains any empirical support. This is a fatal flaw for anyone with the ambition to offer practical advice on tougher property law issues for which the right answers depend on myriad social parameters whose values lie beyond the reach of deduction.
{"title":"Comparing & Contrasting Economic and Natural Law Approaches to Policymaking","authors":"Eric Kades","doi":"10.37419/jpl.v9.i4.6","DOIUrl":"https://doi.org/10.37419/jpl.v9.i4.6","url":null,"abstract":"Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap in Claeys’s book is its failure to acknowledge and analyze the modern law of nuisance with its enriched set of remedies capable of making everyone a winner. At a macro level, Claeys (like most other natural law theorists) offers no substantive case against redistribution as an optimal method for addressing the fact that charity is a public good. The book, again in keeping with the natural law tradition, eschews any serious empiricism—indeed not a single argument it makes contains any empirical support. This is a fatal flaw for anyone with the ambition to offer practical advice on tougher property law issues for which the right answers depend on myriad social parameters whose values lie beyond the reach of deduction.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In his new book, Natural Property Rights, Eric Claeys offers a property theory grounded in a person’s ability to make productive or purposive use of a resource and the requirement of clear communication about the extent of a person’s claim to that resource. This Article illustrates some of the normative and practical advantages of Claeys’s theory by using it to explicate three property disputes that have arisen in Louisiana concerning highly contested natural resources—oil, trees, and water. The Article argues that Claeys’s theory illuminates a major focal case in the development of Louisiana’s law of the obligations of neighborhood, might have produced a more satisfying outcome in a leading case concerning the usufruct of timberlands, and could help the State of Louisiana, private landowners, and recreational sportsmen resolve disputes over ownership of submerging land and water-based access on Louisiana’s disappearing coast.
{"title":"Oil, Trees, and Water: Evaluating the Transition from Natural Property Rights to Property Conventions","authors":"John A. Lovett","doi":"10.37419/jpl.v9.i4.7","DOIUrl":"https://doi.org/10.37419/jpl.v9.i4.7","url":null,"abstract":"In his new book, Natural Property Rights, Eric Claeys offers a property theory grounded in a person’s ability to make productive or purposive use of a resource and the requirement of clear communication about the extent of a person’s claim to that resource. This Article illustrates some of the normative and practical advantages of Claeys’s theory by using it to explicate three property disputes that have arisen in Louisiana concerning highly contested natural resources—oil, trees, and water. The Article argues that Claeys’s theory illuminates a major focal case in the development of Louisiana’s law of the obligations of neighborhood, might have produced a more satisfying outcome in a leading case concerning the usufruct of timberlands, and could help the State of Louisiana, private landowners, and recreational sportsmen resolve disputes over ownership of submerging land and water-based access on Louisiana’s disappearing coast.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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