This important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment. This book will strongly appeal to intellectual property rights policymakers at the World Trade Organization and World Intellectual Property Organization, legal practitioners, academics and students.
The European acquis communautaire in the field of property law is to a large extent still unexplored. This study has aimed to shine a light on EU property law. It provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms - of goods, persons, services and capital - on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so. By conducting an extensive search on the basis of some thirty key property law terms, the author has been able to uncover not just the handful of Directives and Regulations that touch upon property law and are relatively well-known, but also hundreds of EU legislative measures that make use of property law concepts, but leave them mostly undefined. The resulting picture of EU property law is a fragmented one. In order to develop this field of law more consistently and coherently, the author has proposed a framework for future EU property law, focusing on both form and content. The essence of this framework is the development of three European-autonomous property rights, functioning within a European set of property law rules. About the author Eveline Ramaekers (1985) studied law at the European Law School, Maastricht University (LL.B., LL.M. cum laude). She obtained her doctoral degree from Maastricht University in April 2013. She has been a visiting researcher and lecturer in Munster, Stellenbosch and at the China-EU School of Law in Beijing. Eveline co-founded the Young Property Lawyers Forum, a network for young property law researchers. She currently holds a post as Fellow and Tutor in Law at Wadham College, Oxford.
Intellectual Property Rights in a Networked World is a collection of recent essays offering some fresh perspectives on the scope and future of intellectual property rights. The tripartite division of the book is designed to make this interdisciplinary topic more accessible and intelligible to readers of diverse backgrounds. Part I consists of a single essay that provides a broad overview of the main themes in intellectual property scholarship, such as normative intellectual property theory and the legal infrastructure for property protection. The second section of the book presents several essays that are intended to deepen the reader's understanding of intellectual property theory and show how it can help us to grapple with the proper allocation of property rights in cyberspace. And the final section further develops the themes in Part II but in greater detail and with a more practical orientation. For the most part, the essays in this section illustrate the costs and benefits of applying property rights to cyberspace. While intellectual property rights create dynamic incentive effects, they also entail social costs, and they are sometimes in tension with the development of a robust public domain.
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