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Justine Pila
Oxford University
  1.  6
    'Sewing the Fly Buttons on the Statute': Employee Inventions and the Employment Context.Justine Pila - 2012 - Oxford Journal of Legal Studies 32 (2):265-295.
  2.  15
    Copyright and its Categories of Expressive Works.Justine Pila - 2010 - Oxford Journal of Legal Studies 30 (2).
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  3. Academic Freedom and the Courts.Justine Pila - unknown
    Recent events in the United Kingdom have focused attention on the protection at law of academic freedom. Institutional academic freedom may be defined as the freedom of a university to determine its scholarly agenda and system of governance, notwithstanding dependence on external support. Individual academic freedom may be similarly defined as the freedom of individual university members to determine their own scholarly agenda, including how to pursue and present their research, notwithstanding dependence on institutional support. While such freedoms sit in (...)
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  4. Before the House of Lords.Justine Pila - unknown
    Generics (UK) Ltd v Lundbeck A/S [2009] UKHL 12 is about the validity of patents for chemical products. It is also about the object of patent protection, and the balance struck by the patent system between the interests of the public and individual inventors. Finally, it is about the development of UK patent law in the era of the Convention on the Grant of European Patents (1973) 13 I.L.M. 268 (European Patent Convention).
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  5.  29
    Copyright and Its Categories of Original Works.Justine Pila - 2010 - Oxford Journal of Legal Studies 30 (2):229-254.
    In this article, the categories of literary, dramatic, musical and artistic (LDMA) works in which copyright subsists are considered, and an argument made that the legislature’s division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects of (...)
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  6. The Value of Authorship in the Digital Environment.Justine Pila - 2010 - In Dutton & Jeffreys (ed.), World Wide Science Promises, Threats and Realities.
    Law exists among other things to facilitate social interaction by creating the conditions necessary to enable people to trust each other sufficiently to interact. To that end it is part of a complex web of social mechanisms, variations in any part of which produce ripple effects in all others.
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  7. Icetv Facts and Judgments.Justine Pila - unknown
    Nine schedules programmes for broadcast by free-to-air television stations. It creates Weekly Schedules of broadcast-related information, including “time and title” information.
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  8.  36
    Intellectual Property Rights and Detached Human Body Parts.Justine Pila - 2014 - Journal of Medical Ethics 40 (1):27-32.
    This paper responds to an invitation by the editors to consider whether the intellectual property regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK (...)
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  9. Patents.Justine Pila - 2009 - In Cane & Conaghan (ed.), The New Oxford Companion to Law.
    The term “patent” is an abbreviation of “letters patent”, the open form of document historically issued by the Crown for the purpose of conferring a right or privilege or otherwise communicating the royal will. In contemporary law it denotes the species of intellectual property that is granted as an inducement for the creation and disclosure of novel, inventive and industrially applicable inventions. In the UK that property is conferred under the Patents Act 1977, or with similar effect the European Patent (...)
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  10. Patent Agent.Justine Pila - unknown
    A patent agent is a person with recognised expertise in the field of intellectual property generally and patents specifically. In the UK patent agents form an elite professional community, membership of which is denoted by inclusion on the Register of Patent Agents. The Register exists under statute and is maintained by The Chartered Institute of Patent Attorneys (CIPA), a body empowered by royal charter of which most patent agents are also members.
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  11. Patents for Genes and Methods of Analysis and Comparison.Justine Pila - unknown
    In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a U.S. patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”), as well as a proportionate patent grant.
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  12.  8
    Pluralism, Principles and Proportionality in Intellectual Property.Justine Pila - 2014 - Oxford Journal of Legal Studies 34 (1):181-200.
    This review article offers a European perspective on the pluralistic, principles-based model of intellectual property (IP) advanced by Robert Merges in his book Justifying Intellectual Property. After introducing Merges’s model and theory of IP with reference to IP theories generally, other pluralistic legal models, and patterns of judicial reasoning in the patent and copyright fields, the article argues that European jurisprudence offers broad support for Merges’s operational model of IP, while also challenging certain aspects of his wider analysis. They include (...)
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  13. Response to the Australian Government Advisory Council on Intellectual Property's Request for Written Comments on Patentable Subject Matter†.Justine Pila - unknown
    1. Any statutory definition of inherent patentability or other threshold exclusion from patentability should have a clear normative basis. In the case of inherent patentability, that basis should relate to the patent system’s aim of encouraging and rewarding inventive activity for the benefit of society.
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  14. The European Patent Convention.Justine Pila - unknown
    The European Patent Convention (EPC) establishes “a system of law, common to the Contracting States, for the grant of patents for inventions” (article 1) and an organisation, the European Patent Organisation, to administer it. A patent granted under the EPC is called a European patent but takes effect as a bundle of national patents under the laws of the Contracting States in which protection is sought.
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  15. The Patent Cooperation Treaty.Justine Pila - unknown
    The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is to help (...)
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  16. Why Gene Rights Aren't Patently Obvious.Justine Pila - unknown
    The purpose of the patent system is to provide incentives for the development of new and useful products and processes. Such products and processes are generally referred to as ‘inventions’. Whilst patents have historically been sought and granted for mechanical and chemical inventions only, the biotechnology revolution of the last 30 years has radically changed this by precipitating a mass of patent applications in respect of living and biological matter. Applications of this nature have forced a re-examination by courts and (...)
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