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Cover European Intellectual Property Law

26. Future Trends  

Justine Pila and Paul L.C. Torremans

This chapter offers an outlook to the future of IP at the European level. The EU and its legal instruments primarily approach IP from a utilitarian free market perspective and that applies also to the way they look at the future. The chapter focuses primarily on that angle when it looks at how the European IP system could and should function in the future and which direction it is taking. In a sense it offers an opportunity for reflection and attempts to enhance the reader's insight in and understanding of IP by wrapping the critical analysis of its technical rules up in a more theoretical analysis.

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Cover European Intellectual Property Law

18. Indications of Geographical Origin  

Justine Pila and Paul L.C. Torremans

This chapter examines indications of geographical origin, which establishes a link between a certain geographical location and the goods originating from that location. That link allows the consumer to distinguish between identical or similar goods based on their geographical origin. The strength of the link varies between the different schemes and involves both human and natural elements. It is also important to realize that whilst similar to (collective) trade marks, indications of geographical origin are radically different as they are open standards. The chapter first looks at the position given to indications of geographical origin in the global and European IP systems. How did a historical practice develop into an exclusive right? And how is that exclusive right shaped and protected? It then focuses on the European system for the protection of indications of geographical origin.

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Cover European Intellectual Property Law

Justine Pila and Paul Torremans

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.