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The Cambridge Handbook of Technical Standardization Law
Further Intersections of Public and Private Law

Volume 2

£150.00

Part of Cambridge Law Handbooks

Jorge L. Contreras, Panagiotis Delimatsis, Emily S. Bremer, Timothy D. Lytton, Paul Verbruggen, Pamela Samuelson, Kathryn Hashimoto, Daniel J. Sheffner, Björn Lundqvist, Andrew T. Hernacki, Jay P. Kesan, Martin Husovec, David J. Kappos, Jeanne C. Fromer, Jonathan M. Barnett
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  • Date Published: September 2019
  • availability: In stock
  • format: Hardback
  • isbn: 9781107129719
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About the Authors
  • Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses on key areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

    • Provides the first comprehensive treatment that unites discussions of administrative, copyright, trademark, and international trade law in a single resource
    • Integrates perspectives on standardization and litigation concerning standardization from the United States and Europe to provide international reach
    • Offers both a comprehensive and balanced perspective on this complex area of law to serve as an invaluable resource for judges, policymakers, legal practitioners and industry representatives
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    Reviews & endorsements

    'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister

    Customer reviews

    28th Jan 2020 by PhillipTaylor

    GROUNDBREAKING RESEARCH INTO THE LEGAL ASPECTS OF TECHNICAL STANDARDS AND STANDARDIZATION: THE COMPANION VOLUME TO ‘PATENTS, COMPETITION AND ANTITRUST’ An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator As Cambridge has long been recognized as pre-eminent in scientific research, it is not too surprising that this legal text on technical standardization law has been published by the Cambridge University Press. A companion volume to ‘Patents, Competition and Antitrust’ the handbook has been referred to as groundbreaking, as it undoubtedly is. Containing an impressive range of commentary from leading experts in this field, it presents a comprehensive examination of legal issues affecting standardization. It may not have occurred to some of us, but as editor Jorge L Contreras points out, standardization as such, is a necessary and well-nigh ubiquitous driver of change ‘in the modern networked economy.’ Standardization tends to inspire inventive minds to innovate on top of established technologies. Railroad tracks and telephone lines are only two commonplace examples which illustrate the necessity for standardization in past decades. Soon, however, innovations such as automated vehicles, artificial intelligence (AI) and “the Internet of Things” will develop in directions that are now difficult to predict using standardized technologies. Particularly interesting is the article by contributor Emily S. Bremer which compares government use of standards in the United States and the European Union. Worldwide, she explains, ‘many standards are developed by private or nongovernmental standards development organisations.’ These standards, she adds ‘are used by many different people and entities across all sectors of industry, ensuring smooth functioning of the economy, facilitating technological advancement and protecting public health and safety.’ In its breadth of coverage of this subject, this volume has been described as unique, as its erudite team of fifteen international contributors examine the key legal issues which affect standardization. It does raise awareness that on both side of the Atlantic and elsewhere, current research and development activities — mostly private sector initiatives — are ‘overseen, regulated and constrained by a range of legal frameworks,’ including international trade law, administrative law, tort law, trademark law, certification and copyright law, from which issues of intellectual property obviously emerge. Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law. The date of publication of this hardback book is cited as at 26th September 2019.

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    Product details

    • Date Published: September 2019
    • format: Hardback
    • isbn: 9781107129719
    • length: 322 pages
    • dimensions: 261 x 185 x 22 mm
    • weight: 0.77kg
    • contains: 6 b/w illus. 6 tables
    • availability: In stock
  • Table of Contents

    Introduction Jorge L. Contreras
    Part I. Standardization and the State:
    1. International trade law and technical standardization Panagiotis Delimatsis
    2. Government use of standards in the US and abroad Emily S. Bremer
    Part II. Standardization, Health, Safety and Liability:
    3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton
    4. Tort liability for standards development in the United States and European Union Paul Verbruggen
    Part III. Copyright and Standards:
    5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto
    6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner
    7. Public law, European constitutionalism and copyright in standards Björn Lundqvist
    8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki
    Part IV. Standards and Software:
    9. Open standards Jay P. Kesan
    10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec
    11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos
    Part V. Trademarks, Certification and Standards:
    12. Trademarks, certification marks and technical standards Jorge L. Contreras
    13. The unregulated certification mark(et) Jeanne C. Fromer
    14. The certification paradox Jonathan M. Barnett.

  • Editor

    Jorge L. Contreras, University of Utah
    Jorge L. Contreras is a Professor of Law at the University of Utah, S.J. Quinney College of Law and an internationally-recognized authority on the law of technical standard-setting. His work has been cited by scholars, courts and regulatory agencies throughout the United States, Europe, and Asia and he has published more than sixty scholarly articles and chapters on this topic alone. He has twice received first prize in the Standards Engineering Society's scholarly paper competition, and in 2018 was awarded the Standards Education Award by the Institute of Electrical and Electronics Engineers (IEEE) Standards Association.

    Contributors

    Jorge L. Contreras, Panagiotis Delimatsis, Emily S. Bremer, Timothy D. Lytton, Paul Verbruggen, Pamela Samuelson, Kathryn Hashimoto, Daniel J. Sheffner, Björn Lundqvist, Andrew T. Hernacki, Jay P. Kesan, Martin Husovec, David J. Kappos, Jeanne C. Fromer, Jonathan M. Barnett

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