Intellectual property law Books

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Book SynopsisThis book examines patents and copyrights. It argues that these are not necessary for innovation and are detrimental to the common good, rather than beneficial. Unlike competing titles, the book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples.Trade Review'One should bear a heavy burden of proof to enjoy a monopoly. Boldrin and Levine have dramatically increased that burden for those who enjoy intellectual monopoly. All economists, lawyers, judges, and policymakers should read this book.' W. A. Brock, University of Wisconsin, Madison'Boldrin and Levine, highly respected economic theorists, have produced a lively and readable book for the intelligent layman. In it, they challenge conventional wisdom about patents and argue that we would be better off without them. The book will open a fresh debate on the policy on intellectual property protection.' Boyan Jovanovic, New York University'There is a growing and important skepticism about the fundamental rules we have used to regulate access to information and innovation. This beautifully written and compelling argument takes the lead in that skeptical charge.' Lawrence Lessig, Stanford Law School'For centuries, intellectual property rights have been viewed as essential to innovation. Now Boldrin and Levine, two top-flight economists, propose that the entire IPR system be scrapped. Their arguments will generate controversy but deserve serious examination.' Eric Maskin, Institute for Advanced Study, Princeton'This is an important and needed book. The case made by Boldrin and Levine against giving excessive monopoly rights to intellectual property is a convincing one. Monopoly in intellectual property impedes the development of useful knowledge. I think they make the case that granting these monopoly rights slows innovation.' Edward C. Prescott, University of Minnesota'Boldrin and Levine present a powerful argument that intellectual property rights as they have evolved are detrimental to efficient economic organization.' Douglass C. North, Washington University in St Louis'How have we come to view ideas as if they have some physical existence that we can lock up behind a set of property rights laws akin to, but remarkably different from, those we use to protect our physical property? This is the central question in Against Intellectual Monopoly by Michele Boldrin and David Levine. The answer they come to is startling: except in a few rare cases, intellectual property protection does more economic harm than good and ought to be eliminated. The technology of digital computers and the Internet, as Boldrin and Levine show again and again, has exposed long-standing moral shortcomings of current intellectual property laws in a particularly stark way.' Stephen Spear, Carnegie Mellon University'This thought-provoking book should be read not only by academics interested in intellectual property, innovation, growth and the dynamics of markets, but also by policymakers and the general public.' Martin Peitz, University of MannheimTable of Contents1. Introduction; 2. Creation under consumption; 3. Innovation under competition; 4. The evil of intellectual monopoly; 5. The devil in Disney; 6. How competition works; 7. Defenses of intellectual monopoly; 8. Does intellectual monopoly increase innovation?; 9. The pharmaceutical industry; 10. The bad, the good, and the ugly.

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Book SynopsisIntellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor''s manual for this book is currently being developed. If you are inteTable of ContentsIntroduction; Part I. Introduction to Intellectual Property Licensing: 1. The Business of Licensing; 2. Ownership and Assignment of Intellectual Property; 3. The Nature of an Intellectual Property License; 4. Implied Licenses and Unwritten Transactions; 5. Confidentiality and Pre-License Negotiations; Part II. License Building Blocks: 6. License Grant and Scope; 7. Exclusive Licenses; 8. Financial Terms; 9. Development, Allocation and Management of IP; 10. Representations, Warranties and Indemnification; 11. Litigation-Related Clauses: Enforcement, Settlement and Dispute Resolution; 12. Term, Termination and Breach; 13. Other Licensing Terms: The 'Boilerplate'; Part III. Industry and Context Specific Licensing Topics: 14. Academic Technology Transfer; 15. Trademark and Franchise Licensing; 16. Music Licensing; 17. Consumer and Online Licensing; 18. Software, Data and the Cloud; 19. Public Licenses: Open Source, Creative Commons and IP Pledges; 20. Technical Standards: Fair, Reasonable and Non-Discriminatory (Frand ) Licensing; Part IV. Advanced Licensing Topics: 21. Bankruptcy and Insolvency Issues; 22. Estoppel and No Challenge Clauses; 23. First Sale and Exhaustion; 24. Intellectual Property Misuse; 25. Antitrust and Competition Issues; 26. Intellectual Property Pools and Aggregation.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisWhat can users do with works without obtaining the permission of a copyright owner? This book explains the many ways in which copyright laws allow such uses, and how they differ between countries. The copyright public domain is re-interpreted as an important source of human creativity and autonomy.Trade Review'Greenleaf and Lindsay's insightful, original and comprehensive examination of the breadth of the public domain is an exceptional achievement. A must-read for anyone concerned with copyright, creativity, and cultural heritage.' Michael Geist, University of Ottawa'The seminal work on copyright's public domain. Both comprehensive and compelling, all future scholarship must start here. A genuine tour-de-force.' Ronan Deazley, Queen's University Belfast'In this thoughtful and important account, Greenleaf and Lindsay map the corners of the public domain, explore its underlying values, and chart a course for its future. This book is an invaluable resource for anyone who seeks to have a nuanced and in-depth understanding of the public domain.' Sara Bannerman, Canada Research Chair in Communication Policy and Governance, McMaster University, Canada 'Their book sets a new gold standard in the legal analysis of the public domain in intellectual property law. A replication of its program in the areas of patent and trademark law is highly desirable.' Alexander Peukert, SpringerTable of ContentsForeword; Preface and acknowledgements; Table of international agreements; Part I. What Is the Copyright Public Domain?: 1. The copyright public domain - a new approach; 2. A definition of the copyright public domain; 3. Categories of public rights; Part II. Constraints and Supports, Global and National: 4. The global public domain – limits imposed by international law; 5. The global public domain - exceptions and enforcement; 6. National public domains - supports and constraints; Part III. Public Domains: Categories: 7. Works outside copyright protection - part I; 8. Works outside copyright protection - part II; 9. Works where copyright has expired; 10. Non-infringing uses of protected works; 11. Copyright exceptions and limitations - comparative approaches; 12. Copyright exceptions and limitations - categories; 13. Compulsory licensing - variations; 14. Compulsory licensing - subject areas; 15. Voluntary licensing creating public rights; 16. The de facto public domain - internet-enabled public rights; Part IV. Conclusions: 17. Reform agendas for the public domain; Bibliography; Index.

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Book SynopsisEarning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age.Trade Review'Travis has provided an engaging, fast-paced argument, setting out examples of how copyright has favoured one group over another … What makes this book interesting and worth reading is this creation of small stories and grand narratives around the nature and scope of copyright.' Phillip Johnson, European Intellectual Property ReviewTable of Contents1. On owning ideas in our time; Part I. IP Disparities: 2. Authors as hired hands; 3. Independent invention and its discontents; Part II. IP Liberties: 4. Hollywood's copyright exemptions?; 5. The Beijing consensus; Part III. Pirate's Dilemmas: 6. The inquisitorial internet; 7. Why we can't build universal digital libraries; 8. Conclusion.

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Book SynopsisAs technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.Trade Review'Cited by the Court of Appeal of England and Wales in Kogan v Martin [2019] EWCA 1645.''Dr Daniela Simone identifies root causes of the deficiencies in the law's treatment of (joint) authorship, and provides an admirable roadmap and analytical framework to orient the judiciary and all others concerned about ascertaining who should be the authors of collective works … A must-read for anyone interested in the interaction between law and the creative process. This book made me think differently about copyright law and what it promotes and values when it comes to (not) recognizing those who contribute to the creation of works.' Pascale Chapdelaine, Intellectual Property Journal'By and large, the book makes a compelling case for taking collaborative creativity seriously in the long-lasting process of the modernisation of copyright law … also a valuable input for further evidence-based research on the effectiveness of co-authorship rules at national, supranational and international level.' Giulia Priora, European Intellectual Property ReviewTable of Contents1. Copyright law and collective authorship; 2. Authorship and joint authorship; 3. Wikipedia; 4. Australian Indigenous art; 5. Scientific collaborations; 6. Film; 7. Characteristics of collective authorship and the role of copyright law; 8. An inclusive, contextual approach to the joint authorship test.

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Book SynopsisProvides a comprehensive survey of design protection, one of the hottest fields of intellectual property. The casebook is user-friendly and accessible to students of any experience level, including students with no prior knowledge of intellectual property. The casebook takes a practical approach to the study of design protection by including numerous real-world problems.

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Book SynopsisA New York Times Book Review Editors' Choice A New Yorker Best Book of 2024 So Far A fascinating and original history of an idea that now controls and monetizes almost everything we do.Trade Review"Lively, opinionated, and ultra-timely." -- Louis Menand - The New Yorker"David Bellos and Alexandre Montagu’s surprisingly sprightly history Who Owns This Sentence? arrives with uncanny timing.... [B]y encouraging contemplation beyond specific pieces of what is now bleakly known as ‘content,’ the book succeeds. Let’s hope excerpts are hot out of the XeroxTM machine and being collated for college classrooms across the country." -- Alexandra Jacobs - New York Times"Thorough and engaging.... [A] welcome and timely addition to our understanding of this complex issue." -- Mahvani Sunder - Washington Post"In short, punchy chapters and witty prose, a lawyer and a literature professor untangle the history of how intellectual property has come to be protected—and who wins and loses in the bargain." -- New York Times Book Review, Editors' Choice"[Bellos and Montagu are] witty and learned.... [A] robust and readable polemic-history." -- Boyd Tonkin - Financial Times"As this thoughtful book shows, copyright law has been revised and rewritten according to changing needs. The authors are right that we need a ‘broad debate.’" -- Dominic Green - Wall Street Journal"A surprisingly accessible recounting of the major twists and turns—and there are many!—surrounding this topic [copyright].... Well worth a read for anyone interested in history, publishing, or philosophy." -- Mariko Hewer - Washington Independent Review of Books"Fascinating.... Bellos and Montagu have extracted an enormous amount of fun out of their subject, and have sauced sardonic and playful prose with buckets full of meticulously argued bile." -- Simon Ings, The Telegraph (UK), 5-star review"A fascinating new look at the patchwork chaos called copyright." -- Anne Margaret Daniel, Spectator (UK)"The field of copyright has been full of dramatic turns, as a new book, Who Owns This Sentence?, recounts." -- The Economist"By turns painstaking and playful, Bellos and Montagu reveal the patchwork of laws, norms, and assumptions that have transformed ideas into property. Copyright is no longer just about authors and the right to benefit from their work, but about big business and even bigger profits. Theirs is a compelling call to address the privatization of the global imagination." -- Emily Drabinski, President, American Library Association"The story of copyright has many moving parts: history, literature, economics, politics, policy, and technology. Each element gets a closeup in this expertly told story of the evolution of copyright. In a time when billions of words are used to train AI models, this engaging and instructive book tells how different eras and countries have struggled with the challenge of defining ownership of texts." -- James T. Hamilton, Hearst Professor of Communication, Stanford University"Bellos and Montagu’s astonishingly capacious narrative is a gripping detective story, a flamboyant intellectual history, and a passionate manifesto for creative freedom, all rolled into one. You’ll never think about copyright in the same way again." -- Fara Dabhoiwala, historian and senior research scholar, Princeton University"We often think of copyright as a form of justice, a means of ensuring that creators rather than pirates of works receive whatever compensation is on offer. This witty, informed and timely book urgently invites us to think otherwise. Copyright, the authors tell us, ‘means more than it ever did before.’ It takes in books, films, sheet music, computer programs and many other inventions, and yet it in the end ‘it is an edifice of words.’ This detailed history makes very lively reading, and also encourages action, since we could, if we wished, use different words." -- Michael Wood, Professor of English and Comparative Literature, Emeritus, Princeton University"In this madcap history from Plato to Donald Duck, from feudal Europe to Facebook, David Bellos and Alexandre Montagu have written the definitive account of where copyright came from and why it looks the way it does. Who Owns This Sentence? belongs on the bookshelf of every creator, producer, policymaker, and consumer." -- Jason Mazzone, Albert E. Jenner, Jr. Professor of Law, University of Illinois"A gimlet-eyed analysis of a system that protects a corporate status quo at the expense of independent invention." -- Kirkus Reviews

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Book SynopsisThis book analyses the various ways in which intellectual property (IP) operates in relation to innovation activity. It reflects on the "classical" issues of the IP system related to the necessity of protecting risky and often costly investments undertaken by firms and others players involved in the innovation process. Beyond this, it stresses the numerous challenges addressed by contemporary technological and societal change, especially in a world where the digital revolution is rapidly transforming the way in which innovation is organized. In this context, the new corporate IP and innovation practices call for responses on the part of public policies.Table of ContentsIntroduction xi Chapter 1. The Rationale of the System and the Diversity of the Forms of Protection 1 1.1. Going back to the origins and goals of intellectual property law 1 1.1.1. Some historical points of reference 1 1.1.2. Some market failures that must be addressed 3 1.2. The formal tools of intellectual property law 5 1.2.1. Patents 6 1.2.2. Trademarks 7 1.2.3. Industrial design right 8 1.2.4. Other technological creations (utility patents, plant variety rights, etc.) 9 1.2.5. Copyright and neighboring rights 9 1.3. Informal means of protection 10 1.3.1. Trade secrets 11 1.3.2. Lead time 11 1.3.3. The control of complementary assets 11 1.3.4. Design complexity 12 Chapter 2. How Companies Choose these Tools 13 2.1. The factors behind the choice to use these different tools 15 2.1.1. Differences according to the country considered 15 2.1.2. Differences according to the size of the company 16 2.1.3. Differences according to the stage in the innovation process 17 2.1.4. Differences according to the type of innovation (process or product) 18 2.1.5. Another key factor: the types of market or technology considered 19 2.1.6. Marked preferences in relation to the sectors as well 20 2.2. The microeconomic effectiveness of protection 22 2.2.1. Which contribution is made to performances in terms of innovation? 23 2.2.2. Which links are there between patents and R&D profitability? 24 2.2.3. What is the value of patents? Between cost-benefit calculations and lottery logic 26 Chapter 3. How Effective is the System in Terms of Social Welfare? The Dimensions of the Problem 29 3.1. Intellectual property rights as a second-best solution 29 3.1.1. A blend of dynamic efficiency and static inefficiency 30 3.1.2. A right to try to exclude rather than a guarantee of monopoly 30 3.2. Looking for an effective patent 31 3.2.1. Which is the optimal term for patents and copyright? 32 3.2.2. Which is the optimal breadth of patents? 32 3.2.3. Which is the optimal height for patents? The issue of the patentability criteria 34 3.3. Several possibilities to best configure rights according to the general interest 35 3.3.1. Patents: a disclosure requirement that favors the diffusion of knowledge 35 3.3.2. The role of filter played by courts and by opposition and reexamination proceedings 36 3.3.3. Licensing and the interaction with competition policy 37 3.3.4. The regime of exceptions: the case of research exemption and fair use 39 3.3.5. The cost involved in obtaining and maintaining patent rights 40 Chapter 4. How Companies Use Intellectual Property 45 4.1. Defensive strategy 45 4.2. Licensing strategy 47 4.3. Cooperative strategy 50 4.3.1. Intellectual property, between currency and a form of sharing 51 4.3.2. Patents as signaling tools, especially in relation to finance 54 4.4. Movement strategy 56 Chapter 5. What is the Contribution Made to Emerging Forms of Innovation? 61 5.1. The challenges of the digital world and the new forms of innovation 61 5.1.1. The issues related to open-innovation practices 62 5.1.2. The requirements of innovation through reutilization and collective networked innovation 63 5.1.3. The digital revolution and the growing role of user-driven innovation and Big Data 63 5.1.4. Risks of mass counterfeiting linked to the development of 3D printing 65 5.2. The risk of adverse effects in the recent development of the patent system 66 5.2.1. Is an increasing number of patents stifling innovation in some sectors? 67 5.2.2. Problems encountered mostly by sectors based on incremental innovation 69 5.3. Two emblematic cases of considerable tension: biotechnologies and the software industry 70 5.3.1. Biotech: what kind of access to genetic resources and research tools? 70 5.3.2. The software industry: what kind of balance between copyright and patents? 73 5.3.3. What is the role of open-source software? 76 Chapter 6. The Main Trends of Intellectual Property Regimes 81 6.1. A reinforcement trend deriving mostly from America 81 6.2. A trend which is also present in Europe and Japan 83 6.3. Which multilateral framework should we consider, especially in relation to the needs of developing countries? 85 6.4. A reinforced copyright regime as well 88 Chapter 7. A System that is the Victim of its own Success or an Anomaly that should be Remedied? 91 7.1. The escalation of trademarks, industrial design rights, copyright, counterfeiting and piracy 91 7.2. A multiplication of patents of mixed quality and occasionally with vague outlines 93 7.3. Increased pressure on the judicial system 98 7.3.1. Patent-related disputes: frequency and costs that vary according to the sectors 99 7.3.2. The emergence of patent trolls 101 7.4. A new reform movement from the United States: the backlash? 106 7.4.1. Correcting the scope of patentability 107 7.4.2. Restoring the patent examination procedure and introducing a filter on copyright 109 7.4.3. Avoiding some excesses linked to disputes or blocking positions 111 Chapter 8. Overall Assessment and Conclusion 113 8.1. A possible lever for the countries’ economic growth through the incentive to innovate 114 8.1.1. Some historical lessons 114 8.1.2. A diagnosis that remains contrasted and not sufficiently substantiated 117 8.2. A key factor for technology transfer and the dissemination of knowledge 118 8.2.1. Promoting technology transfer through transnational companies 118 8.2.2. A key tool for the regulation of knowledge flows 121 8.2.3. A key tool for the commercialisation of public research results 123 8.3. A joint evolution on a sectorial level as well 124 8.3.1. The case of semiconductors and software 125 8.3.2. Examples of past and present disruptive technologies 127 8.4. Status quo, reform or abolition? 129 8.4.1. A net benefit or a net cost for the economy and society as a whole? 129 8.4.2. Reforming rather than abolishing 134 8.4.3. The relation between innovation and the strength of rights: an inverted U-shape? 134 Bibliography 137 Index 147

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Book SynopsisEva-Marie König greift die Diskussion um eine Vereinheitlichung des Urheberrechts in Europa auf und widmet sich dem Herzstück des Urheberrechts, dem Werkbegriff. In einem Vergleich des britischen, französischen und deutschen Rechts untersucht sie die Anforderungen an den urheberrechtlichen Schutz. Zudem unterzieht sie die europäischen Richtlinien und die Entscheidungen des Europäischen Gerichtshofs zum Werkbegriff einer kritischen Würdigung. Ihre Auswirkungen auf die Rechtspraxis in den ausgewählten Mitgliedsstaaten werden eingehend beleuchtet. Anhand des Rechtsvergleichs entwickelt die Autorin Kriterien für eine etwaige Harmonisierung der zentralen Schutzvoraussetzung, der Originalität. Außerdem analysiert sie deren Wechselwirkung mit weiteren neuralgischen Punkten des urheberrechtlichen Werkbegriffs und schließt mit Vorschlägen für eine weitere Harmonisierung des Werkbegriffs in Europa.Für die vorliegende Arbeit erhält Eva-Marie König den Heinrich-Hubmann-Preis der VG WORT 2015.

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Book SynopsisDas Urheberrecht ist heutzutage europäisch geprägt. Der EuGH konkretisiert im Rahmen einer autonomen Auslegung zunehmend unbestimmte Rechtsbegriffe. Dies hat unter anderem Auswirkungen auf die Rechte der öffentlichen Wiedergabe und der öffentlichen Zugänglichmachung, den Werkbegriff und die Privatkopieschranke. Verena Roder systematisiert die EuGH-Rechtsprechung zum Urheberrecht und leistet einen Beitrag zur europäischen Methodik. Sie untersucht die Urteilsbegründungen des EuGH. Hervorzuheben sind die Ausführungen zur Bedeutung des Völkervertragsrechts mit seiner Direktivwirkung auf das europäische Sekundärrecht. Die rechtlichen Leitlinien, die der EuGH entwickelt, können im Urheberrecht auf eine Fülle von Konkretisierungsmaterial gestützt werden, auch auf einen systematischen Zusammenhang verschiedener Rechtsakte. Die Autorin arbeitet die besondere Bedeutung des vorgelegten Sachverhalts für die Auslegungsentscheidung heraus. Abgerundet wird die Untersuchung durch einen Blick auf die kompetenzrechtliche Problematik derartiger Vorlageentscheidungen.Die vorliegende Arbeit wurde mit dem Telekom-Preis für Zivilrecht 2016 ausgezeichnet.

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