Intellectual property law Books
University of Illinois Press Music and Cultural Rights
Book SynopsisGlobal and local perspectives on the meaning and significance of cultural rights through musicTrade Review"Illuminating and thought provoking. Music and Cultural Rights will challenge musicians, music scholars, and music educators to reexamine their preconceived notions of culture, music's purpose within culture, and the social responsibilities that come when using this music."--Music Educators Journal"The best perspective to date on the issues of music and cultural rights. This anthology speaks to the many scholars who believe that engaged scholarship is the way of the future."--Beverley Diamond, author of Native American Music in Eastern North America: Experiencing Music, Expressing Culture"A volume on music and cultural rights is both timely and welcome, particularly one that relies upon diverse ethnographic studies as this one does. An innovative interdisciplinary contribution to ethnomusicology."--Rosemary J. Coombe, Senior Canada Research Chair in Law, Communication and Culture, York UniversityTable of ContentsPreface: Bell Yung; Acknowledgements; Introduction: Andrew N. Weintraub; 1. Agency and Voice, The Philippines at the 1998 Smithsonian Folklife Festival: Ricardo D. Trimillos; 2. Use and Ownership, Folk Music in the People's Republic of China: Helen Rees; 3. Access and Control, A Key to Reclaiming the Right to Construct Hawaiian History: Amy Ku'uleialoha Stillman; 4. National Patrimony and Cultural Policy, The Case of the Afroperuvian Cajon: Javier Leon; 5. Historical Legacy and the Contemporary World, UNESCO and China's Qin Music in the 21st Century: Bell Yung; 6. Representation and Intracultural Dynamics, Romani Musicians and Cultural Rights Discourse in Ukraine: Adriana Helbig; 7. Representing Tibet in the Global Cultural Market, The Case of the Chinese-Tibetan Musician Han Hong: Nimrod Baranovitch; 8. Music and Human Rights, AfroReggae and the Youth from the Favelas as Responses to Violence in Brazil: Silvia Ramos/Ana Maria Ochoa; 9. In Search of a Cross-Cultural Legal Framework, Indigenous Musics as Worldwide Commodity: Felicia Sandler; Bibliography; Glossary of Chinese Characters for Chapters By Baranovitch, Rees, and Yung; Notes on Contributors; Index Preface: Bell Yung; Acknowledgements; Introduction: Andrew N. Weintraub; 1. Agency and Voice, The Philippines at the 1998 Smithsonian Folklife Festival: Ricardo D. Trimillos; 2. Use and Ownership, Folk Music in the People's Republic of China: Helen Rees; 3. Access and Control, A Key to Reclaiming the Right to Construct Hawaiian History: Amy Ku'uleialoha Stillman; 4. National Patrimony and Cultural Policy, The Case of the Afroperuvian Cajon: Javier Leon; 5. Historical Legacy and the Contemporary World, UNESCO and China's Qin Music in the 21st Century: Bell Yung; 6. Representation and Intracultural Dynamics, Romani Musicians and Cultural Rights Discourse in Ukraine: Adriana Helbig; 7. Representing Tibet in the Global Cultural Market, The Case of the Chinese-Tibetan Musician Han Hong: Nimrod Baranovitch; 8. Music and Human Rights, AfroReggae and the Youth from the Favelas as Responses to Violence in Brazil: Silvia Ramos/Ana Maria Ochoa; 9. In Search of a Cross-Cultural Legal Framework, Indigenous Musics as Worldwide Commodity: Felicia Sandler; Bibliography; Glossary of Chinese Characters for Chapters By Baranovitch, Rees, and Yung; Notes on Contributors; Index
£18.89
John Wiley & Sons Inc Patents Copyrights and Trademarks For Dummies
Book SynopsisWant to secure and exploit the intellectual property rights due you or your company? This guide shows you how - helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws.
£17.59
John Wiley & Sons Inc Technology Management Developing and Implementing
Book SynopsisA step-by-step guide to licensing technology-based intellectual property assets For many modern, high-technology companies, licensing their technology-based intellectual property assets is the best way to fully exploit them.Table of ContentsPreface. Acknowledgments. 1 To License or Not to License . . . Alternative Approaches. New Venture. Acquisition. Joint Venture. Licensing. Strategic Alliance. Sale. Technology Management Strategies. Types of Licensing. Licensing-Out. Licensing-In. What to Do after Deciding to License. Financial Considerations. 2 Intellectual Property. Patents. Background. Requirements for Patenting. Factors in Determining Whether to Patent. Patent Marking. Trademarks. Background. Using Trademarks in Technology Licensing. Trademark Development. Trademark Protection. Copyrights. Background. Protecting Copyright. Know-How. Background. Protecting Know-How. Mask Works. Background. Protecting Mask Works. Intellectual Property Management. Goals. Auditing Intellectual Property. Developing an IP Strategy. Patents. Trademarks. Copyrighted Works. Mask Works. Proprietary Know-How. IP Maintenance. 3 Researching the Market. Information Needed. General Information. Companies and Products in the Market. Technologies Available. Licensing Practices. Sources of Information. Internal. Targeted Companies. Online and Subscription Services. Trade Publications. Trade Associations and Shows. Patent Searches. Universities. Government Agencies. Licensing Programs. Preparing the Data. Organizing the Raw Data. Documentation. Synopses. Uses for Market Information. Market Overview. Revenue Projections. Strategy Development. Internal and External Contacts. Determining Value. 4 Technology Valuation. Sharing Profits. Cost-Based Valuation. Example. Market-Based Valuation. The 3% to 5% Rule. Industry Standards. All Industries. Computing. Biotechnology. Automotive. Health Care. Consumer Electronics. Auction. Example. Economic Analysis. Example. Using Discounted Cash Flow to Calculate Net Present Value. Net Revenue Amounts. Timing of Payments. Risk. Net Present Value Calculation. Example. 5 Licensing Strategies. Developing a Licensing Strategy. Strategic Fit. Revenues. Financial Terms. Improvements and Continuity. Strategy Considerations. Exclusivity. Cross-Licensing. Additional Licenses Required. Market and Territorial Restrictions. Other Restrictions. Future Developments. Technical Assistance. Royalties. Sublicensing. Warranties, Indemnification, and Liability. Anti-trust/Restraint of Trade. Taxes. Licensing from Universities. Background. Characteristics of University Licensing. Licensing from the U.S. Government Advanced Techniques?Corporate Licensing. Benefits. Types of Products. Implementing a Corporate Licensing Program. 6 Technology Marketing. Factors Affecting Marketability. Economic Viability. Utility. Stage of Development. Proven Performance. Understanding the Market. Developing a Marketing Strategy. Targeting Prospective Partners. Defining the Process. Contacting the Targeted Licensee. Use of a Non-Disclosure Agreement (NDA). Exploratory Meeting. Unsolicited Inquiries. Public Relations. Trade Shows. Publications and Trade Organizations. Other. 7 Negotiating and Drafting Agreements. Negotiation in the 21st Century. Negotiation Concepts. Drafting Agreements. Use of a Memorandum of Understanding. Agreement Structure. Cover Page and Table of Contents. Recitals. Definitions. License Grant. Payments. Other Obligations. Termination. Warranties, Indemnification, Liability, and Authority. Miscellaneous Provisions. Licensing Computer Software. Background. Current Licensing Practices. The Open-Source License Model. Future Trends. Dealing with Infringers. Determining Infringement. Patents. Copyrights. Trademarks. Do Nothing. Escalating Actions. High-Level Response. Defensive Licensing. Selling Infringed Patents. Advanced Licensing Techniques?Hybrid versus Separate Licenses. Hybrid Agreements. Separate Agreements. Separate Agreement Models. Conclusion. 8 Post-Agreement Activities. By Licensor. Deliverables. Agreement Maintenance. IP Maintenance. Trademark Quality Control. By Licensee. Payments. Other Obligations. Royalty Auditing. Why Audit? Audit Timing and Frequency. The Audit Process. Problems Found in Audits. Summary of Audit Principles. Leveraging License Agreements. The Licensing Organization. Management. Administration. Technical Services. Marketing. Legal Counsel. Local Liaison Offices. Advantages of Forming a Licensing Organization. Appendix A?Case Studies. Consumer Electronics Industry Case Studies. Licensing Case Study?Dolby Laboratories. Background. Evolution of the Current Licensing Model. Symbiosis of Software and Hardware. Summary of Current Program. Future Trends. Licensing Case Study?Home THX. Background. Licensing Model. Discussion. University Licensing Case Studies. Licensing Case Study?Stanford University. Introduction. Cohen-Boyer Recombinant DNA. 177 Background. Intellectual Property. Licensing Strategy. Results. FM Synthesis. Background. Intellectual Property. The Exclusive License. Results. The Sondius Trademark Licensing Program. Patent Case Studies. Patent Case Study?Compton?s NewMedia. Patent Licensing Case Study?SGS-Thomson. Background. Method. Negotiations. Litigation Strategy. Settlement. Follow-through. Patent Case Study?The Auction of Wang Laboratories? Patent Portfolio. Appendix B?Sources of Additional Information. Organizations. Licensing and Intellectual Property Associations. Technical/Trade Organizations. Publishing Resources. Company Information. Typical Trade Publications. Trade Shows. Appendix C?Annotated Sample License Agreements. Hybrid Technology License Agreement. Software Distribution Agreement. Appendix D?Glossary of Intellectual Property Terms. Bibliography. Index.
£90.00
John Wiley & Sons Inc ValueDriven Intellectual Capital
Book SynopsisIntellectual capital provides a significant competitive advantage for companies today. Intangible assets-product innovation, patents, copyrights, know-how, and corporate knowledge-have become as important as brick, mortar, and equipment.Table of ContentsTHE RELATIONSHIP BETWEEN INTELLECTUAL CAPITAL AND CORPORATE VALUE. A Framework for Intellectual Capital Management. Linking Intellectual Capital with Value. IC Value Chains. VALUING KNOWLEDGE COMPANIES. Valuing Knowledge Companies (Basic Concepts). Valuing Knowledge Companies for Merger or Acquisition. Linking Intellectual Capital with Stock Price. MANAGING INTELLECTUAL CAPITAL. Extracting Value from Intellectual Property. Extracting Value from Intellectual Assets. Extracting Value from Human Capital (Basic Aspects). Extracting Value from Human Capital (Advanced Concepts). Making It Happen. Appendix. Bibliography. Index.
£37.50
University of California Press Regulating Style
Book SynopsisFashion knockoffs are everywhere. Even in the out-of-the-way markets of highland Guatemala, fake branded clothes offer a cheap, stylish alternative for people who cannot afford high-priced originals. The author approaches the fashion industry from the perspective of indigenous Maya people who make and sell knockoffs.Trade Review"Reading Regulating Style, one could imagine the IP conditions described by Thomas as unfolding in Bangladesh, the Philippines, or any of the myriad of other places that produce clothing for the fashion industry. Alongside a historically-specific disregard for and de-legitimization of Mayan culture, the refusal to acknowledge the informal rights of clothing pirates has produced a form of colonial dispossession increasingly common around the world. However, as Thomas also shows, by appropriating a fashion brand, marginalized communities can subvert not only corporate domination and appropriation of locally-produced value, but also the socio-economic and political conditions that cause oppression." * PoLAR: Political and Legal Anthropology Review *"This is a methodologically rigorous, carefully crafted, innovative book. Besides being an example of thorough academic scholarship, it becomes evident that the author has exceptional knowledge of and authentic concern for life in the Maya highlands. This fundamentally anthropological study raises many interesting questions with respect to the global IP framework and its impact on development." * ReVista *Table of ContentsList of Illustrations Acknowledgments Introduction 1. Economic Regulation and the Value of Concealment 2. The Ethics of Piracy 3. Brand Pollution 4. Fiscal and Moral Accountability 5. Making the Highlands Safe for Business Conclusion: Late Style Notes References Index
£21.25
University of California Press Adventures of a Jazz Age Lawyer Nathan Burkan and
Book SynopsisAdventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the coming of age of the institutions, archetypes, and attitudes that define American popular culture. With a client list that included Charlie Chaplin, Al Jolson, Frank Costello, Victor Herbert, Mae West, Gloria Morgan Vanderbilt, Arnold Rothstein, and Samuel Goldwyn, Burkan was New York's Spotlight Lawyer for more than three decades. He was one of the principal authors of the epochal Copyright Act of 1909 and the guiding spirit behind the American Society of Composers, Authors, and Publishers (Ascap), which provided the first practical means for songwriters to collect royalties for public performances of their works, revolutionizing the music business and the sound of popular music. While the entertainment world adapted to the disruptive technologies of recorded sound, motion pictures, and broadcasting, Burkan's groundbreaking work laid the legal foundation for the Great American Songbook and the Golden Age of Hollywood, and it continues to influence popular culture today. Gary A. Rosen tells stories of dramatic and uproarious courtroom confrontations, scandalous escapades of the rich and famous, and momentous clashes of powerful political, economic, and cultural forces. Out of these conflicts, the United States emerged as the world's leading exporter of creative energy. Adventures of a Jazz Age Lawyer is an engaging look at the life of Nathan Burkan, a captivating history of entertainment and intellectual property law in the early twentieth century, and a rich source of new discoveries for anyone interested in the spirit of the Jazz Age.Trade Review"Lively and revealing," * Wall Street Journal *“A thoughtful and in-depth look at the substance of many foundational cases in the history of entertainment history.” * Bowery Boys Podcast *“Reflective, detailed examples of Burkan's impact on music and film. This is the only detailed examination of this subject, and it will be important for those interested in entertainment law and popular culture.” * CHOICE *“A captivating look at an American original. . . . Rosen’s a good writer with a fun story to tell, and his enthusiasm makes Jazz Age Lawyer a delightful read. He loves these characters.” * Splice Today *“Lively new biography. . . . Much of Burkan’s work has lasted right up to the modern era and the digital challenges that have upended the music business. Burkan’s legacy of protecting and encouraging ongoing creative output, according to Rosen, helps assure that art continues to reflect the time in which it is made.” * Media Industries *"A rich and detailed history of an important moment in the development of American popular culture through a legal lens." * Journal of Popular Music Studies *Table of ContentsPrologue: Nathan the Wise PART ONE. LEG SHOWS AND LONGHAIRS 1. Immigrant Passages 2. The Pittsburgh Troubles 3. To Victor Belong the Spoils PART TWO. A RIVER OF NICKELS 4. Tin Pan Alley 5. Canned Music 6. Mr. Burkan Goes to Washington 7. The Two-Cent Solution PART THREE. BENDING THE FIRMAMENT 8. Entr’acte 9. The Lone Star 10. Charlie in the Harem 11. The Price of a Good Time PART FOUR. FLEETING, EPHEMERAL, AND FUGITIVE 12. The Gospel of Performing Rights 13. Shanley’s Cabaret Extraordinaire 14. The Music Tax 15. The Ether Toy PART FIVE. CHIEF OF JUSTICE OF CELLULOIDIA 16. The Silent Screen 17. The Jazz Singer PART SIX. TWENTY DAYS IN JANUARY 1927 18. Rumrunners 19. The Bindlestiff 20. New York’s Spotlight Lawyer PART SEVEN. THE NAKED CITY 21. Love’s Undertaker 22. Nightstick Censorship 23. The Big Bankroll and the Little Flower PART EIGHT. MODERN TIMES 24. New Deal Days 25. Gloria 26. Blue Bloods Meet the Hoi Polloi 27. Twilight of the Music Trust 28. Exeunt Acknowledgments Chronology Notes Selected Bibliography Index
£21.25
Princeton University Press Innovation Intellectual Property and Economic
Book SynopsisCombining microeconomics, macroeconomics, and theory with empirical analysis drawn from the US and Europe, this book introduces graduate students and advanced undergraduates to the complex process of innovation. It shows how outcomes at the microlevel feed through to the macro-outcomes that in turn determine personal incomes and job opportunities.Trade Review"[T]his textbook clearly will fill a gap in the market and is well designed to raise important questions in a student's mind. The bringing together of both micro- and macro-economic considerations, the strong treatment of statistical difficulties in analyzing these topics, and the consideration of the impact of innovation on wages and jobs are all major advances. The authors are to be congratulated."--Hazel V. J. Moir, PrometheusTable of ContentsPreface xi References xvi PART I: The Nature of Innovation 1 Chapter 1: The Nature and Importance of Innovation 3 1.1 Introduction 3 1.2 What Is Innovation? 4 1.3 The Microeconomic Effects of Innovation 9 1.4 Interaction between Producers and Users of Innovation 16 1.5 Innovations and Market Failure 17 1.6 Restoring Incentives to Invent and Innovate 23 1.7 Firms Competing through Innovation 28 1.8 Conclusion 29 References 30 Chapter 2: The Nature and Role of Intellectual Property 32 2.1 Introduction 32 2.2 Why Are Intellectual Property Rights Awarded? 32 2.3 Patents 34 2.4 Trademarks 39 2.5 Designs and Utility Models 43 2.6 Copyright 45 2.7 Further Questions about IPRs 49 2.8 Conclusions 53 References 55 Chapter 3: The Measurement of Innovation, Productivity, and Growth 57 3.1 Introduction 57 3.2 How Can Innovation Be Measured? 58 3.3 Illustrations of Innovation Statistics 64 3.4 Productivity at the Firm, Industry, and Economy Level 70 3.5 Comparing Productivity and Growth across Countries 74 3.6 Conclusion 80 References 82 PART II: The National Innovation System 85 Chapter 4: The National Innovation System 87 4.1 Introduction 87 4.2 The National Innovation System 87 4.3 The Central Role of R&D 88 4.4 The Government-University Axis 92 4.5 The University-Business Axis 95 4.6 The Government-Business Axis 103 4.7 National Innovation Systems in Emerging Markets 106 4.8 Conclusions 110 References 112 Chapter 5: Innovative Firms and Markets 116 5.1 Introduction 116 5.2 Entrepreneurship and New Firms 116 5.3 Innovation and Firms 119 5.4 Markets and Innovation 121 5.5 Empirical Evidence on the Returns to Innovation 132 5.6 Evidence on Interactions between Competition and Innovation 140 5.7 Conclusions 142 References 145 Chapter 6: Intellectual Property Rights and Firms 149 6.1 Introduction 149 6.2 How Can Firms Benefit from IPRs? 150 6.3 Exploring the Returns to IPRs 152 6.4 Markets for IPRs 157 6.5 Costs of Obtaining and Enforcing IPRs 160 6.6 IPR Strategies 162 6.7 Empirical Studies on the Value of IPRs 164 6.8 Conclusions 171 References 173 Chapter 7: Diffusion and Social Returns 177 7.1 Introduction 177 7.2 Modeling the Rate of Adoption of an Innovation 179 7.3 Statistical Evidence on Rates of Adoption 186 7.4 Spillovers and Social Returns to Innovation 190 7.5 Empirical Studies of Social Returns 199 7.6 Spatial Dimensions of Spillovers 204 7.7 Conclusions 205 References 207 PART III: The Macroeconomics of Innovation 211 Chapter 8: Models of Economic Growth 213 8.1 Introduction 213 8.2 The Neoclassical Growth Model 215 8.3 Endogenous Growth Models 225 8.4 Evolutionary and Other Models 237 8.5 Conclusions 239 References 241 Chapter 9: Innovation and Globalization 243 9.1 What Is Globalization? 243 9.2 World Trade in Historical Perspective 245 9.3 Theories of Trade and Growth 246 9.4 International Knowledge and Technology Flows: Theory and Evidence 250 9.5 International Financial Flows 256 9.6 International Aspects of IPRs 260 9.7 Conclusions 263 References 266 Chapter 10: Technology, Wages, and Jobs 268 10.1 Introduction 268 10.2 Microeconomic Models of Innovation and Labor Markets 268 10.3 Innovation and Labor Markets: Evidence from Firms 275 10.4 Macroeconomic and Trade Models of Innovation and Labor Markets 280 10.5 Conclusions 289 References 291 PART IV: Economic Policy 295 Chapter 11: Microeconomic Policies to Promote Firm-Level Innovation 297 11.1 Introduction 297 11.2 Is the Intellectual Property System Working? 297 11.3 Incentive Systems for Encouraging Firm-Level R&D 313 11.4 Other Innovation Policies 317 11.5 Conclusions 323 References 325 Chapter 12: Macroeconomic Issues and Policy 329 12.1 Introduction 329 12.2 Macroeconomic Evidence on IPRs and Economic Growth 330 12.3 Trade-Related Aspects of Intellectual Property (TRIPS) 334 12.4 Intellectual Property Rights, Exhaustion, and Parallel Imports 340 12.5 Piracy and Counterfeit 342 12.6 R&D in the Global Economy 344 12.7 International Migration of Skilled Labor 346 12.8 Conclusions 347 References 349 Mathematical Appendix 353 A.1 Production Functions 353 A.2 Present Discounted Value 354 A.3 Derivatives 355 A.4 Marginal Products and Diminishing Returns 356 A.5 Accumulation Equations and Growth Rates 357 A.6 Logarithms and Production Functions 358 A.7 Differential Equations and a Catch-up Model 358 A.8 Estimating Production Functions 359 References 360 Index 361
£52.70
Taylor & Francis Ltd Copyright Law
Book SynopsisThis volume discusses how proprietary notions increasingly dominated copyright legal principles, with consequences for information dissemination in modern times. It covers the period to 1850, and begins with extracts from Roman law and early Christian and medieval teaching on ownership. The volume traces philosophical arguments about copyright law, reproducing writings of John Milton and John Locke on freedom of expression, and copyright justifications supplied by the idealist philosophers Johann Fichte and Immanuel Kant. Readings explain how the developments that created the social and political systems of modern Britain and the United States also produced the beginnings of the modern system of copyright regulation. The volume highlights seminal works of leading US copyright scholars Lyman Ray Patterson, Benjamin Kaplan and Mark Rose, and includes correspondence of Thomas Jefferson and James Madison on copyright policy.Table of ContentsContents: Introduction: the origins of copyright law; Part I The Origins of Copyright: (i) Possession and Exclusion: States ideal and real: community of property, Plato; The ownership of property, Aristotle; The law of things, Rudolph Sohm; Method followed in this work. Idea of a revolution, Pierre-Joseph Proudhon. (ii) Obligation-Based Societies and Attitudes to Information: Don't stop thinking about...yesterday: why there was no indigenous counterpart to intellectual property law in imperial China, William Alford; John Bulun Bulun & Anor v R&T Textiles Pty Ltd; The cardinal virtues and the deadly sins, Bhagavad Gita. (iii) Against Entitlement: Aquinas' theory of property, A. Parel. (iv) The Stationers' Monopoly: Stationers Company Charter granted by Philip and Mary and confirmed by Elizabeth I (1557); Aereopagitica, John Milton, (1644); Appendix: documents relating to the termination of the Licensing Act, John Locke, 1695. Part II Emergence of Statutory Copyright: (v) The Statute of Anne: The Statute of Anne, April 10, 1710; Making copyright, Mark Rose. (vi) Perpetual Copyright: The publishers and the pirates: British copyright law in theory and practice, John Feather, 1710-1775. (vii) The Copyright Act 1790 (United States): Correspondence and Legislation: Correspondence of Thomas Jefferson; Copyright Act of 1790. (viii) Idealism: Relinquishment of property, Georg W.F. Hegel. (ix) United States Law and Foreigners' Copyright: 1831 Copyright Act: an Act to amend the several Acts respecting copyrights, 3 February 1831 revision; A portion of Dickens' letter to his friend John Forster on the subject of international copyright, 17 February 1842, Charles Dickens. (x) Fair Use: Folsom v Marsh, 1841; Free speech, copyright and fair use, L. Ray Patterson. (xi) Macaulay and Copyright Term: A speech delivered in the House of Commons on 5th February 1841, Thomas Babington Macaulay. (xii) Final Reflections: The first 350 years, Benjamin Kaplan; Pirates of the information infr
£185.25
Taylor & Francis Ltd Copyright Law
Book SynopsisThis volume reproduces writings, social teachings, testimonies and reports of figures as diverse as Karl Marx, Victor Hugo, Charles Dickens and Mark Twain, and bodies such as the US Congress. Extracted material charts the development of an international system of copyright regulation, and the growth, in the 20th century, of copyright industries benefitting from new copyright laws. In the second half of the 19th century, many writers and thinkers, like Marx, attacked capital, and its corollary, property rights. Some writers, such as Victor Hugo, while exposing the horrors of poverty and social alienation, demanded for authors rights of property. The modern system of copyright substantially originates from the efforts of Hugo and others. Articles by leading US copyright scholars such as Jessica Litman and Tim Wu explain the development of copyright law in the 20th century, and are complemented by reproduction of key copyright cases in the US and UK, as well the primary copyright legiTable of ContentsContents: Introduction: internationalization, technology and the march of property; Part I Literary Landmarks in the 19th Century Debate Over Property: Manifesto of the Communist Party 1848, Parts I and II, Karl Marx and Frederick Engels; Effects in the bank, Charles Dickens; Address of Victor Hugo to the International Literary Congress, Paris, 17 June 1878, Victor Hugo; Rerum Novarum: Encyclical of Pope Leo XIII on Capital and Labor, St Peter’s, Rome, 1891, Pope Leo XIII ; The White Man's Burden, Rudyard Kipling. Part II Mark Twain on Copyright: Statement of Mr Samuel L. Clemens (1906); Mark Twain, lobbyist. He cuts loose from artists and musicians on Copyright Bill (1906); Remarks on copyright (1886 and 1900); Mark Twain and his book: The Humorist and the copyright question (1889); Mark Twain on copyright law (1883); Aphorism in notebooks (1902-1903); Concerning copyright. An open letter to the Register of Copyrights (1905). Part III The Compulsory Recording Licence (UK): Correspondence to the Editor of The Times (1911-1949): The Copyright Bill, James Dundas White; The Copyright Bill. Attitude of the Labour Party, William Boosey; The Copyright Bill. A reply to Mr Boosey, J. Drummond Robertson; Mr John Murray's views, John Murray; The Copyright Bill. Composes and compensation, G. Bernard Shaw; The Copyright Bill. Musical and mechanical instruments, Charles V. Standford; The gramophone and its claims, William Boosey; Copyright Bill. The 'phonographic industry', J. Drummond Robertson; Copyright a privilege conferred, H. Whorlow; Composers and their property. The new Copyright Bill, G. Bernard Shaw; The author's gamble. Mr Bernard Shaw on Taxation, G. Bernard Shaw. Part IV Government and Diplomatic Documents: Report of the Royal Commission on Copyright 1878; Separate report by Sir Louis Mallet, 1878; Berne Convention (1886), Convention Creating an International Union for the Protection of Literary and Artistic Works, as amended at Berlin Conference, November 13, 1
£308.75
Taylor & Francis Ltd Copyright Law
Book SynopsisThis volume shows how, since 1950, the growth of copyright regulation has followed, and enabled, the extraordinary economic growth of the entertainment, broadcasting, software and communications industries. It reproduces articles written by an extensive list of leading thinkers. US scholars represented in readings include James Boyle, Lawrence Lessig, Pamela Samuelson, Mark Lemley, Alfred Yen, Julie Cohen, Peter Jaszi and Eben Moglen. Leading non-US contributors include Alan Story, Brian Fitzgerald and Peter Drahos. These and other authors explain copyright origins, the development of the law, the theory of enclosure, international trends, recent developments, and current and future directions. Today, the copyright system is often portrayed as an engine of growth, and effective regulation as a predictor of economic development. However, critics see dangers in the expansion of intellectual property rights. The articles in this volume focus principally on the digital age, examininTable of ContentsContents: Introduction: development of copyright law after 1950; Part I International Developments: Burn Berne: why the leading international copyright convention must be repealed, Alan Story; Global law reform and rent-seeking: the case of intellectual property, Peter Drahos. Part II Enclosure: The second enclosure movement and the construction of the public domain, James Boyle; 'Culture wars': getting to peace, Lawrence Lessig. Part III Key Directions: Software as discourse: the power of intellectual property in digital architecture, Brian F. Fitzgerald; Fair use as innovation policy, Fred von Lohmann; The creative destruction of copyright: Napster and the new economics of digital technology, Raymond Shih Ray Ku; A First Amendment perspective on the construction of 3rd-party copyright liability, Alfred C. Yen; Rationalizing internet safe harbors, Mark A. Lemley; This town ain't big enough for the both of us - or is it? Reflections on copyright, the First Amendment and Google's use of others' content, David Kohler; The creative commons, Lawrence Lessig; Rethinking copyright: property through the lenses of unjust enrichment and unfair competition, Shyamkrishna Balganesh; Enabling open access to public sector information with creative commons licences: the Australian experience, Anne Fitzgerald, Neale Hooper and Brian Fitzgerald. Part IV Copyright, Culture and Meaning: Is there such a thing as postmodern copyright?, Peter Jaszi; Pirates, parasites, reapers, sowers, fruits, foxes... the metaphors of intellectual property, Patricia Loughlan; Copyright as myth, Jessica Litman; Creativity and culture in copyright theory, Julie E. Cohen. Part V Thinking of the Future: Preliminary thoughts on copyright reform, Pamela Samuelson; The dotCommunist Manifesto, Eben Moglen; A politics of intellectual property: environmentalism for the net?, James Boyle; Universal access to information, Hal R. Varian; Name index.
£332.50
Stanford University Press To Steal a Book is an Elegant Offense
Book SynopsisThis sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."Trade Review"In this timely and important study, . . . Alford's point is that intellectual property issues are inextricable from broad historical, political, economic, and cultural contexts. . . . Of much broader interest than may be at first apparent." -- Business History Review"A wealth of information and analysis on Chinese views of intellectual property rights. . . . The strength of Alford's book is its ability to step back from the heated debates surrounding China's actions and look at the subject in its entirety. The reader is thus able to gain a deeper understanding of the issue and the obstacles that both China and the United States must overcome if a longlasting and mutually beneficial solution is to be found." -- The China Business Review"This ambitious, pioneering work makes available a wealth of new material. It is presented in a richly textured context of the forces—historical, cultural, and political—that have shaped China's approach to the drafting and enforcement of legislation relating to copyrights, patents, and trademarks. Scholars of Chinese law and comparative law and specialists in the law of intellectual property will welcome its publication." -- R. Randle Edwards * Columbia University School of Law *"Alford offers a rich mine of materials for those studying intellectual property rights in China. Reviewing Chinese civilization from imperial days to the present, he seeks to answer why intellectual property law has never taken hold in China." -- ChoiceTable of ContentsContents One. Two. Three. Four. Five. Six.
£19.79
Stanford University Press Adcreep The Case Against Modern Marketing
Book SynopsisAdcreep explores the brave new world of modern advertising, how it works, the social threats it poses, and how American law has failed to reign in the onslaught of invasive marketing technologies.Trade Review"A superb and trenchant critique of the rise of advertising in the digital era. A must-read for anyone concerned about the reach of commercial persuasion."—Sonia Katyal, University of California, Berkeley"Propaganda has migrated online, practiced by algorithms with little respect for human autonomy. Adcreep is the most comprehensive exploration yet of emerging techniques of coercion in commercial media and digital platforms, and why they are simply not okay."—Douglas Rushkoff, author of Throwing Rocks at the Google Bus: How Growth Became the Enemy of Prosperity"The ubiquity of advertisements and commercial surveillance are now standard features of our lives. In Adcreep, Mark Bartholomew elegantly traces how we got to this point, and explores the disturbing places its likely to take us. Bartholomew has a healthy appreciation of what the law can do to bring us to a different future, but what it won't do without a public that pushes back. If there is going to be a fight, Adcreep should be in the pocket of those leading the charge." —Sue Halpern, Middlebury College"Marketers are creeping into every corner of our lives, turning historically ad-free spaces like schools and parks into marketing opportunities, and using digital technologies to spy on us in order to target us with custom ads. In his insightful new book, Adcreep: The Case Against Modern Marketing, Mark Bartholomew, a professor at the University at Buffalo School of Law, examines the impact of this commercial onslaught and the failures of our legal system which have enabled it."—Campaign for a Commercial-Free Childhood"The volume reviews the very thorough and often disturbing techniques used to measure consumer desires. Many rely on more advanced technology—ranging from physiological scanning to social media—and most are frankly invasive. Despite decades of legislation designed to protect the consumer, the need for greater information has produced an environment of constant surveillance that advertisers are apparently exploiting. The author provides copious detailed and frightening examples to underscore his major point: marketing research has become more intrusive...The book is written at a sophisticated level, and is well suited to an educated audience seeking coverage of a sadly timely subject. Recommended"—S. D. Clark, Choice"With a wide range of case studies at hand, Bartholomew places these increasingly invasive tactics in their historical context....[He] recognizes that a change in the law will require a change in our mindsets."—Samuel Earle, Times Literary SupplementTable of ContentsIntroduction 1. Advertising on Trial 2. Colonizing New Advertising Spaces 3. The New Market Research 4. From Market Share to Mindshare 5. Sellebrity 6. Stopping Adcreep
£12.34
University of Pennsylvania Press Intellectual Property Rights in China
Book SynopsisOver the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China''s rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China''s major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China''s IPR policy and explains the mechanisms for the uneven compliance with global IPR norms.Trade Review"The book offers a meaningful contribution to the understanding of IPRs through a historical lens that encompasses both a macro and a micro perspective of the political economy of IPRs in China. [A] dynamic portrayal of modern Chinese history. " * Pacific Affairs *"Intellectual Property Rights in China presents a well-constructed combination of data, personal recollection, and source material to produce a compelling narrative as well as a historically and politically grounded account of the development of Chinese law regarding intellectual property." * Christopher May, Lancaster University *"Zhenqing Zhang's holistic approach to China's intellectual property rights policy reveals nuances that a merely state-centric treatment would have missed. His thorough examination of the policy's evolution as well as his abundant collection of interviews makes this book an unparalleled resource for both scholars and policymakers." * Wentong Zheng, University of Florida *Table of ContentsIntroduction Chapter 1. The Political Economy of Chinese Patent Legislation Chapter 2. The Implementation of Chinese Patent Policy Chapter 3. The Political Economy of Chinese Copyright Legislation Chapter 4. The Implementation of Copyright Policy in China Chapter 5. Chinese Trademark Legislation Chapter 6. The Implementation of Trademark Policy in China Conclusion Appendix. Interviews Cited Notes Bibliography Index Acknowledgments
£52.70
Rutgers University Press Who Owns Culture Appropriation and Authenticity
Book SynopsisIt is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world''s closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From
£29.70
Taylor & Francis Inc Copyright Law and Computer Programs The Role of
Book SynopsisThis book analyzes U.S. federal cases on the copyright protection of computer software programs, to examine the role of communication in legal decision making process. It is the first to apply Anthony Giddens'' theory of structuration to analyze law in a systematic and empirical way. Previous studies considered law to be independent, objective and neutral, and even those that considered social structures and actors focused on economic and political factors. Employing the framework of the author, the work, and the use, this study attempts to show how relationships and struggles of the parties are actually manifested through communication, and how the strategic communication of the parties influences the structural environment of copyright law. There has been a long-running debate over whether and how the copyright law, evolved from the era of the print technology, should be applied to computer programs, a new work of authorship. Contrary to some cautionary arguments that modern copyrigTable of ContentsPreface; Chapter 1 Introduction; Part I Copyright System as Legal Structure; Chapter 2 Law as a Process of Structuration; Chapter 3 Structural Rules and Resources in Copyright System; Chapter 4 The Process of Research; Part II The Dynamics of Structural Change; Chapter 5 Computer Program Copyright Cases; Chapter 6 Interplay of Actors, Resources, and Court Decisions; Chapter 7 Use of Structural Rules and Resources in Legal Arguments; Part III Process of Structuration in Copyright Cases; Chapter 8 Reassessing the Role of Communication; Chapter 9 Conclusion; epilogue EpiloguefigappI_1 The Process of Structuration Through Communicative Actions Coding Schemes for the Analysis of Arguments Appendix IV;
£142.50
Duke University Press Treasured Possessions
Book SynopsisThe indigenous peoples of the Pacific nations of Vanuatu and New Zealand are reconfiguring global cultural and intellectual property regimes as they successfully advance claims to ancestral practices such as ephemeral sand drawings.Trade Review"Treasured Possessions is a wonderful achievement of presenting the contemporary entanglements of indigeneity with a range of globalizing cultural forms (copyright, trademark, and cultural property), accounting for these articulations as extending local agencies but not simply a pure culture of a past. Haidy Geismar's mastery of the intricacies of cultural forms and histories not only in Vanuatu but also in New Zealand is impressive, detailed, and provocative. It is undertaken in a clear-eyed fashion that shows indigenization is not a simple thing, a single strand, or even always one-directional, but it is a process constituting new alternatives for thinking about culture in the twenty-first century."—Fred R. Myers, author of Painting Culture: The Making of an Aboriginal High Art"In this exciting and original study, Haidy Geismar moves us well beyond the stale and stereotypical dichotomies that characterize too many discussions of intellectual property and indigeneity. She scrutinizes the dynamic ways that ongoing explorations of property models for cultural resources promise to transform understandings of polity and sovereignty."—Rosemary J. Coombe, author of The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law“The author seamlessly shows how localized indigenous issues have influenced, if not shaped, national and global legal mandates and policies concerning intellectual and cultural property rights of tangible and intangible resource. . . . Recommended.” -- G. R. Campbell * Choice *“Treasured Possessions is a very welcome and much-needed book, one that really moves anthropological conversations fast-forward in the area of indigenous intellectual and cultural property (ICP)… [It] is a compelling work, and an ideal and stimulating text for a course in the anthropology of intellectual and cultural property.” -- Steven Feld * Journal of Anthropological Research *"Treasured Possessions is a vital read for scholars and practicioners in the field of cultural and intellectual property, illustrating how global legal regimes are put to use in indigenous discourses. The book’s findings are relevant to indigenous issues, and more generally constitute a counterpart to research on the emergence of global norms and shed light on the interplay between international processes and their implementation in local contexts." -- Stefan Groth * Journal of Folklore Research *" . . . Geismar's attention to provincializing and indigenizing processes shows us how to do so." -- Tressa Berman * Museum Anthropology *"A must-read for those working on indigenous intellectual and cultural property rights." -- Anna-Karina Hermkens * Pacific Affairs *“The rich material and analysis in Treasured Possessions are enough to recommend it, but the book also performs a pedagogical service to anthropology. Geismar assumes no background in intellectual and cultural property issues but manages to draw the reader efficiently into the core contradictions and dilemmas at play, deftly interweaving concrete examples with insights from key figures in the field. . . . Consequently this book may serve as an accessible introduction to anthropological approaches to cultural and intellectual property, as well as an exciting new contribution to that field. It should be useful in courses on native and indigenous studies, museum studies, and the anthropology of law and property theory.” -- Kathryn E. Graber * American Anthropologist *Table of ContentsList of Illustrations vii Preface ix Acknowledgments xiii 1. Introduction: Culture, Property, Indigeneity 1 2. Mapping the Terrain 25 3. Indigeneity and Law in the Pacific 45 4. Copyright in Context: Carvers, Carvings, and Commodities in Vanuatu 61 5. Trademarking Maori: Aesthetics and Appropriation in Aotearoa New Zealand 89 6. Pacific Museology and Indigenous Property Theory 121 7. Treasured Commodities: Taonga at Auction 151 8. Pig Banks: Imagining the Economy in Vanuatu 175 Conclusion 207 Notes 217 References 249 Index 283
£80.10
CABI Publishing Rights to Plant Genetic Resources and Traditional
Book SynopsisThis book discusses the means, instruments and institutions needed to create incentives to promote the conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, within the framework of the world trade order. It analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products.Table of ContentsA: Introduction Part 1: General Framework 1: Problem and Goals, S Biber-Klemm, and D Szymura Berglas, World Trade Institute, University Berne, Berne, Switzerland 2: The Current Law of Plant Genetic Resources and Traditional Knowledge, S Biber-Klemm, T Cottier, P Cullet, School of Oriental and African Studies, London, UK, and D Szymura Berglas 3: Intellectual Property Rights, Plant Genetic Resources and Traditional Knowledge, P Cullet, C Germann, University of Berne, Switzerland, A Nascimento, Geneva, Switzerland, and G Pasadilla, Philippine Institute for Development Studies, Philippines Part II: Towards Sui Generis Rights B: Origin and Allocation of Traditional Knowledge and Landraces Part 1: Origin and Allocation of Traditional Knowledge and traditional PGRFA: Basic Questions, S Biber-Klemm Part 2: Farmers, Landraces, and Property Rights: Challenges to Allocating Sui Generis Intellectual Property Rights to Communities over their Varieties, M Halewood, J J Cherfas, J M M Engels, Th. Hazekeamp, T Hodgkin, and J Robinson, IPGRI, Italy 4: A New Generation of IPR for the Protection of Traditional Knowledge in PGR for Food, Agricultural and Pharmaceutical Uses, T Cottier and M Panizzon, World Trade Institute, University of Berne, Berne, Switzerland 5: Flanking Policies in National and International Law, S Biber-Klemm, P Cullet, C Germann, A Nascimento, and J Curci Staffler, Brigham Young University, Provo, Utah, USAPart III Options for Collective and Trade Policy Measures 6: New Collective Policies, S Biber-Klemm, P Cullet, and K Kummer Peiry, Kummer EcoConsult, Switzerland C: International Trade Regulation for Plant Genetic Resources and Related Products Part 1: The Impact of Agricultural Subsidies, S Biber-Klemm, and M Burkard, World Trade Insitute, University of Berne, Berne, Switzerland Part 2: Enhancing Market Access, T Cottier and M Panizzon
£131.26
CABI Publishing Agriculture and Intellectual Property Rights
Book SynopsisThis book presents the perspectives of policy-makers and economists on a highly topical subject. Plant breeding patents, the ownership of biological innovation and associated intellectual property rights (IPR) are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology, but until recently evoked little policy analysis. IPRs are particularly relevant in the field of agricultural biotechnology. They are issues affecting public and private sector organizations and companies, and are significant for developing as well as developed countries.Table of Contents1: Introduction, V Santaniello et al. 2: Patent and Other Private Legal Rights for Biotechnology Inventions (Intellectual Property Rights - IPR), D D Evenson, P.L.L.C., Washington, USA 3: Intellectual Property Rights of Plant Varieties and of Biotechnology in the European Union, V Santaniello 4: Intellectual Property Rights under the Convention on Biological Diversity, W Lesser, Cornell University, USA 5: An Economic Approach to Identifying An ‘Effective Sui Generis System’ for Plant Variety Protection Under TRIPS, W Lesser 6: Recent Intellectual Property Rights Controversies and Issues at the CGIAR, S H Bragdon, IPGRI, Rome, Italy 7: Economics of Intellectual Property Rights for Agricultural Technology, R E Evenson 8: The Market Value of Farmers’ Rights, R Mendelsohn, Yale University, USA 9: International Crop Breeding in a World of Proprietary Technology, B D Wright, University of California, USA 10: Knowledge Management and the Economics of Agricultural Biotechnology, D Zilberman and C Yarkin, University of California, USA and A Heiman, Hebrew University, Israel 11: Comparing Allocation of Resources in Public and Private Research, S Lemarié, Université Pierre-Mendès, Grenoble, France 12: Biotechnology Inventions: What Can We Learn From Patents?, D K N Johnson, Wellesley College, Massachusetts, USA and V Santaniello 13: Biotechnology Inventions: Patent Data Evidence, A Zohrabyan, Yale University, USA and R E Evenson 14: Property Rights and Regulations for Transgenic Crops in North America, G Carlson and M Marra, North Carolina State University, USA 15: Intellectual Property Rights, Canola and Public Research in Canada, P W B Phillips, University of Saskatchewan, Canada
£108.90
CABI Publishing Intellectual Property Rights in Animal Breeding
Book SynopsisIntellectual property (IP) and patents involving animals is an ever-changing field. The purpose of this book is to review the role that intellectual property plays in the development of modern animal breeding and genetics. It includes discussion of the history of animal patenting,common forms of intellectual property,economic issues related to patent protection and the funding of research, ethical issues, and the consequences of intellectual property in the modern animal genetics market place.Table of Contents1: Intellectual Property and Food Security – Policy Issues 2: Intellectual Property and Agriculture 3: International Intellectual Property Landscape 4: Plant Variety Protection and Food Security 5: Genetic Resources for Food and Agriculture 6: Traditional Agricultural Knowledge and Farmers Rights 7: Intellectual Property Aspects of GMOs and Food Security 8: Geographical Indications and Food Security 9: Competition Aspects 10: Intellectual Property and Agricultural Research 11: Recommendations
£113.99
CABI Publishing Intellectual Property Rights in Agricultural
Book SynopsisDuring the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in agricultural biotechnology research programmes. This has contributed to a rapid growth in interest in intellectual property rights as applied to this subject.The first edition of this book was published in 1998. Now fully revised and updated it presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon). New chapters have been added which cover plant variety protection and farmers rights, and additional case studies.Table of ContentsPart I: Issues and Principles 1: Introduction to intellectual properties, F H Erbisch and B L Smiler, Hagan & Schaeff, Ohio, USA 2: Acquiring protection for improved germplasm and inbred lines, J H Barton, Stanford University, CA, USA 3: Transferring intellectual properties, F H Erbisch and A J Fischer, US Patent and Trademark Office, Washington, DC, USA 4: Capacity building in intellectual property management in agricultural biotechnology, K M Maredia and F H Erbisch 5: Plant variety protection in the USA, J M Strachan, USDA, Maryland, USA 6: Farmers' rights over plant genetic resources in the South: Challenges and Opportunities, K Patel, University of Guelph, Canada 7: Economic aspects of Intellectual Property Rights in Agricultural Biotechnology, M K Maredia, J F Oehmke, Michigan State University, USA and D Byerlee, The World Bank, Washington, DC, USA Part II: Country and Regional Case Studies 8: Egypt, A El-Azab, Academy of Scientific Research and Technology, Giza, Egypt 9: South Africa, R A Wolson, University of Cape Town, South Africa 10: Australia, M Blakeney, University of London, London, UK 11: China, T Loke-Khoon, Baker & McKenzie, Hong Kong 12: Issues on Intellectual Property Rights associated with agrobiotechnology in Japan, K N Watanabe, University of Tsukuba, Japan and A Komamine, Institute of Evolutionary Biology, Tokyo, Japan 13: India, P Ganguli, Indian Institute of Technology, Mumbai, India 14: Intellectual Property Rights in the Russian Federation, T A Young, Texas A&M University System, USA and D Shulgin, The Ural State Technical University, Russia 15: Andean Pact countries of Latin America, W R Jaffé, Agroecológica Platom C.A., Venezuela and E Arteaga-Marcano, Ministerio de Ciencia y Tecnología, Venezuela 16: Costa Rica, S Salazar, Costa Rica 17: European Union, R S Crespi, Consultant, UK 18: Indonesia, T Subagyo, UNEP-GEF, Indonesia 19: Exercising Intellectual Property Rights management in Brazil: research, technology transfer and agribusiness after TRIPS, M J Amstalden Sampio, Embrapa, Brazil, M Maia de Rocha, INPI, Brazil and E A B Brito da Cunha, SPRI, Brazil
£119.56
CABI Publishing Regulation of Agricultural Biotechnology
Book SynopsisThe regulatory systems in place prior to the development and expansion of agricultural biotechnology are still responding to this new form of technology. Such systems include trade law, intellectual property law, contract law, environmental regulations and biosafety regulations.This book reviews these regulatory changes and consists of 24 chapters developed from papers presented at a conference of the International Consortium on Agricultural Biotechnology Research, held in Italy in July 2002. It primarily considers the relationship between these changes and innovation, market development and international trade.Table of ContentsPart I: Introduction and Overview 1: Regulation of GM Crops: Shaping an International Regime, R L Paarlberg, Harvard University, USA, R F Hopkins and L Ladewski, Swarthmore College, PA, USA Part 2: Evolving Regulation Systems 2: The Evolving GMO Food Trade Policy Debate: Towards a Global Regulatory Regime? P Katz, P Macdonald, Crowell & Moring LLP, Washington DC, USA and G Mackenzie, Crowell & Moring, Brussels, Belgium 3: International Proposals to Regulate Intellectual Property Rights in Plant Genetic Resources, M Blakeney, Queen Mary College, University of London, UK 4: Genetically Engineered Food Labelling: Global Policy Polarization, L Zepeda, University of Wisconsin, USA 5: Conflict and Consensus-building: International Commercial Policy and Agricultural Biotechnology, J E Hobbs, W A Kerr, University of Saskatchewan, Canada, J D Gaisford, University of Calgary, Canada, et al. 6: The Rationale behind WTO Agreements and Agricultural GMO Controversy, A Sorrentino, Universita di Bari, Italy and R Esposti, Universita di Ancona, Italy 7: Trade Restrictions on Genetically Engineered Foods: The Application of the TBT Agreement, D Heumueller and T Josling, Stanford University, USA Part 3: Regulation and Innovation 8: Environmental Liability and Research and Development in Biotechnology: a Real Options Approach, O Knudsen, The World Bank, Washington DC, USA and P L Scandizzo, Roma, Italy 9: Should the Public Sector Conduct Genomics R&D? A Naseem, The State University of New Jersey, USA and J F Oehmke, Michigan State University, USA 10: The Case for Differentiated Appropriability in Intellectual Property Rights for Plant Varieties, F van Tongeren, and D Eaton, Wageningen University and Research Centre, The Netherlands 11: Biotechnology and Developing Countries: the Struggle over Intellectual Property Rights and Implications for Biodiversity Conservation, O Janni, Consiglio Nazionale delle Ricerche, Italy 12: Intellectual Property Strategy in the Context of Inter-organizational Relations: the Case of International Agricultural Research, E Binenbaum, Adelaide University, Australia and P G Pardey, University of Minnesota, USA Part 4: Regulations, Market Structures and Innovation 13: R&D Incentives for GM Seeds: Restricted Monopoly, Non-market Effects, and Regulation, R D Weaver, Pennsylvania State University, USA 14: Agricultural Biotech R&D Structure: Cyclical or Not? J F Oehmke, C A Wolf, Michigan State University, USA, et al. 15: The Innovation System in Agro-food Biotechnology - is it European? K Menrad and T Reiss, Fraunhofer Insatitute for Systems and Innovation Research, Germany 16: How Firm Characteristics Influence Innovative Activity in Agricultural Biotechnology, C Klotz-Ingram, D Schimmelpfennig, Economic Research Service, Washington DC, USA, A Naseem, The State University of New Jersey, USA, et al. Part 5: Regulation and Market Development 17: Dynamic Pricing of GM Crop Traits, R Perrin and L Fulginiti, University of Nebraska, USA 18: Identity Preservation, Segregation and Traceability: Marketplace Features and Uses, S Smyth and P W B Phillips, University of Saskatchewan, Canada 19: Segmentation of GMO and non-GMO Soybean Markets under Identity Preservation Costs and Government Price Supports, T G Schmitz, Arizona State University, USA, C B Moss, University of Florida, USA and A Schmitz, Arizona State University, USA 20: EU Traceability and the US Soybean Sector, G K Price, F Kuchler and B Krissoff, Economic Research Centre, Washington DC, USA 21: Segregation of Non-biotech Maize and Soybeans: Who Bears the Cost? W Lin and D D Johnson, Economic Research Centre, Washington DC, USA Part 6: Economic Impacts 22: Future impact of new technologies : three scenarios, their competence gaps and research implications, H Harmsen, A-M Sonne and B B Jensen, MAPP Centre, Denmark 23: Ex Ante Welfare Effects of Agricultural Biotechnology in the European Union: the Case of Transgenic Herbicide Tolerant Sugarbeet, M Demont and E Tollens, Katholieke Universiteit, Leuven, Belgium 24: The Economic Impacts of Agricultural Biotechnology on International Trade, Consumers, and Producers : the Case of Maize and Soybeans in the USA, A P Barkley, Kansas State University, USA
£103.82
Harriman House Publishing University Intellectual Property
Book SynopsisExamines whether the roles of higher education institutions have changed, what academics and universities should be doing, and how technology transfer can be made effective and efficient. This book can help readers to understand about an increasingly important aspect of academia and business.Table of ContentsAbout the Contributors Preface 1. Introduction by Graham Richards 2. The Confused Situation by Graham Richards 3. Bayh-Dole-Thatcher by Graham Richards 4. Academic Rogues by Graham Richards 5. A Judge's View by The Rt. Hon. Sir Robin Jacob 6. The Viewpoint of a Patent Attorney by Ian Bingham 7. Technology Transfer Office: The Next Step by Patricia Barclay 8. Waking a Sleeping Giant: Commercialising University Research by Roya Ghafele 9. Academic Research and Commercialisation by Alexander Weedon 10. University Patenting and the Advancement of Knowledge by Catherine Rhodes 11. Some Final Thoughts by Graham Richards Index
£24.00
Edward Elgar Publishing Ltd Intellectual Property Human Rights and
Book SynopsisThis insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries.Trade Review‘Professor Matthews has deftly and meticulously contributed to our growing grasp of civil society actors and their expanding influence within global legal regimes. This is no minor feat, either for him or the subjects of this book.’ -- Margaret Chon, The IP Law Book Review‘Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat - and the principal contribution - of this book. . . The book marks a major contribution for the empirical material alone.’ -- Ken Shadlen, Journal of Development Studies‘Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs’ relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers’ rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.’ -- Susan K. Sell, George Washington University, US‘One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: 1. The Interface between Intellectual Property, Human Rights and Development 2. Public Health and Access to Medicines 3. Agriculture, Genetic Resources and Traditional Knowledge 4. South Africa 5. Brazil 6. India 7. Emphasizing the Link between Intellectual Property, Human Rights and Development: The Role of NGOs and Social Movements 8. Reappraising Intellectual Property Rights and Development: The Role of NGOs and Social Movements Bibliography Index
£38.90
Edward Elgar Publishing Ltd Intellectual Property Unfair Competition and
Book SynopsisDealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of âœsubstituteâ IP rights.Table of ContentsContents: Introduction: Intellectual Property, Unfairness and Speech – Convergences and Developments Annette Kur, Nari Lee, Ansgar Ohly and Guido Westkamp PART I: CONDUCT AND UNFAIRNESS: MAPPING METHODOGICAL BOUNDARIES 1. What to Protect, and How? Unfair Competition, Intellectual Property, or Protection Sui Generis Annette Kur 2. Interfaces between Trade Mark Protection and Unfair Competition Law – Confusion About Confusion and Misconceptions about Misappropriation? Ansgar Ohly 3. Personality Rights, Unfair Competition and Extended Causes of Action Guido Westkamp PART II: CONVERGENCES I: PERSONA, PUBLICITY AND MARKET CONTROL RIGHTS IN COMPARISON 4. Personality Endorsement and Character Merchandising: A Sparkle of Unfair Competition in English Law Spyros Maniatis 5. Rights of Publicity in the United States From Edison to Elvis to Paris (and Every 15 Minutes in Between) Gary Rinkerman 6. Celebrities, Advertisement and Commercial Exploitation ‘Publicity Rights’ in German Law Kerstin Schmitt PART III: CONVERGENCES II: INVESTMENT IN COMPETITION 7. Ambush Marketing: Examining the Development of an Event Organizer Right of Association Seth Ericsson 8. Commercialising Privacy and Privatising the Commercial: The Difficulties Arising from the Protection of Privacy via Breach of Confidence Tanya Aplin 9. Protection of the First Mover Advantage – Regulation Against Imitation of the Product Configuration in Japan Yoshiyuki Tamura 10. The Use of Trade Marks in Keyword Advertising: Developments in CJEU and National Jurisprudence Nicole van der Laan PART IV: INVESTMENT PROTECTION AND THE PUBLIC INTEREST: COMPETITION AND (COMMERCIAL) SPEECH 11. The United Kingdom’s Public Interest ‘Defence’ and European Union Copyright Law Jonathan Griffiths 12. Public Domain at the Interface of Trade Mark and Unfair Competition Law – The Case of Referential Use of Trade Marks Nari Lee 13. Image Rights in Civil Law Systems: Four Questions and Three Systems Antoon Quaedvlieg Index
£126.00
Edward Elgar Publishing Ltd The Law and Theory of Trade Secrecy
Book SynopsisThis timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.Trade Review‘Rochelle Dreyfuss and Kathy Strandburg have assembled a star-studded cast of contributors for this new and welcome volume. Good academic works about trade secret law have been about as elusive as trade secrets themselves. This volume offers a wonderful contribution to the literature, and will certainly inspire much-needed further research in the area, both in the U.S. and elsewhere.’ -- Mark Janis, Indiana University, US‘Trade secret law is often seen as the “Cinderella” of intellectual property law, at least by scholars. But it is hugely important. This volume shows why. Trade secret law provides a window into so many areas of legal thought, and implicates a wide array of public policies. The editors have brought together a diverse set of challenging contributions, which highlight this breadth. Drawing on theory, history, and doctrine, collectively they comprise one of the most wide-ranging and provocative treatments of the field. The volume not only is essential reading for scholars tackling the role of trade secrets in our economy, but also offers important insights for anyone interested in intellectual property law more generally.’ -- Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsContents: Introduction Rochelle C. Dreyfuss and Katherine J. Strandburg PART I: FOUNDATIONS 1. Trade Secrecy in Willy Wonka’s Chocolate Factory Jeanne C. Fromer 2. The Restatements, the Uniform Act and the Status of American Trade Secret Law Robert Denicola 3. Trade Secrecy, Innovation and the Requirement of Reasonable Secrecy Precautions Robert G. Bone 4. Trade Secrecy and Common Law Confidentiality: The Problem of Multiple Regimes Charles Tait Graves 5. The Surprising Virtues of Treating Trade Secrets as IP Rights Mark A. Lemley 6. Trade Secrets as Intellectual Property Rights: A Disgraceful Upgrading – Notes on an Italian ‘Reform’ Gustavo Ghidini and Valeria Falce 7. Trade Secret Law and Information Development Incentives Michael Risch PART II: SECRECY AND SHARING 8. How Trade Secrecy Law Generates a Natural Semicommons of Innovative Know-how Jerome H. Reichman 9. Open Innovation and the Private-collective Model for Innovation Incentives Eric von Hippel and Georg von Krogh 10. Open Secrets Michael J. Madison 11. Uncorking Trade Secrets: Sparking the Interaction between Trade Secrecy and Open Biotechnology Geertrui Van Overwalle PART III: IMPACT ON OTHER PUBLIC POLICY ARENAS 12. First Amendment Defenses in Trade Secrecy Cases Pamela Samuelson 13. Trade Secrets and the ‘Philosophy’ of Copyright: A Case of Culture Crash Diane Leenheer Zimmerman 14. Trade Secrets and Antitrust Law Harry First 15. The Troubling Consequences of Trade Secret Protection of Search Engine Rankings Frank Pasquale 16. The Impact of Trade Secrecy on Public Transparency David S. Levine 17. Trade Secrets and Information Access in Environmental Law Mary L. Lyndon 18. Data Secrecy in the Age of Regulatory Exclusivity Rebecca S. Eisenberg PART IV: INTERNATIONAL ISSUES 19. Trade Secrets and Traditional Knowledge: Strengthening International Protection of Indigenous Innovation Doris Estelle Long 20. The Limits of Trade Secret Law: Article 39 of the TRIPS Agreement and the Uniform Trade Secrets Act on which it is Based Sharon K. Sandeen 21. Test Data Protection: Rights Conferred Under the TRIPS Agreement and Some Effects of TRIPS-plus Standards Carlos M. Correa Index
£53.15
Edward Elgar Publishing Ltd Intellectual Property and Biotechnology
Book SynopsisThis book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions.Trade Review'Dr Rimmer's book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species.' -- From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia'. . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.' -- Journal of Intellectual Property Rights'Rimmer's book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on.' -- Stefan M. Miller, Journal of Commercial Biotechnology'. . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended.' -- David Rogers, European Intellectual Property ReviewTable of ContentsContents: Foreword Preface Introduction 1. Anything Under the Sun: Patent Law and Micro-Organisms 2. Franklin Barley: Patent Law and Plant Breeders’ Rights 3. The Human Chimera Patent Initiative: Patent Law and Animals 4. The Storehouse of Knowledge: Patent Law, Scientific Discoveries and Products of Nature 5. The Book of Life: Patent Law and the Human Genome Project 6. The Dilettante’s Defence: Patent Law, Research Tools and Experimental Use 7. The Utah Saints: Patent Law and Genetic Testing 8. The Alchemy of Junk: Patent Law and Non-Coding DNA 9. Still Life with Stem Cells: Patent Law and Human Embryos Conclusion: Blue Sky Research: Patent Law and Frontier Technologies Bibliography Index
£48.40
Edward Elgar Publishing Ltd Digital Copyright and the Consumer Revolution
Book SynopsisThis book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue.Trade Review'A very helpful and accessible collection of contemporary issues in digital copyright law. . . Rimmer's book is quite possibly the most enjoyable and easy to read guide to selected issues of digital copyright law on the market today. . . Its core strength is undoubtedly its accessibility - it is a pleasure to read.' -- Martin Arthur Kuppers, Journal of Intellectual Property Law and Practice'Matthew Rimmer's book provides much needed insight into the current status of digital copyright and its relationship to the general purchasing public. . . This book, which has a structure that flows with concinnity and concision, makes it easy to navigate some of the most complicated and controversial issues.' -- Lisa Wong, Osgoode Hall Law Journal'This engaging account of US copyright law (and copyright wars) is thorough and informative. Following a comprehensive and compelling introduction, encompassing a literature review and outline of the methodology and arguments to be adopted. . . His deep understanding of the subject matter, as well as his profound empathy with consumers, are evident throughout the work; the book will, no doubt, foster a similar interest in another generation of copyright law scholars.' -- Louise Buckingham, Copyright Reporter'Digital Copyright and the Consumer Revolution is a very important and timely book. . . and is a crucial vade mecum on the ever evolving "global maze of case law and copyright reform".' -- Colin Steele, Australian Library JournalTable of ContentsContents: Preface 1. The Dead Poets Society: The Copyright Term and the Public Domain 2. Remote Control: Time-shifting and Space-shifting 3. The Privateers of the Information Age: Copyright Law and Peer-to-peer Networks 4. The Grey Album: Copyright Law, Digital Sampling and Mash-ups 5. Grand Turismo in the High Court: Copyright Law and Technological Protection Measures 6. Agent Smith and the Matrix: Copyright Law and Intermediary Liability 7. Google: Search or Destroy? 8. Remix Culture: The Creative Commons and its Discontents Conclusion: A Consumer’s Manifesto, the Declaration of Innovation Independence Bibliography Index
£38.90
Edward Elgar Publishing Ltd Environmental Technologies Intellectual Property
Book SynopsisThis challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering.Table of ContentsContents: Foreword Introduction 1. Low Carbon Futures for All? Strategic Options for Global Availability of Environmental Technologies Keith Culver 2. The Puzzling Persistence of the Intellectual Property Right/Climate Change Relationship Navraj Singh Ghaleigh 3. Failure is Not an Option: Enhancing the Use of Intellectual Property Tools to Secure Wider and More Equitable Access to Climate Change Technologies Jon P. Santamauro 4. Partnership and Sharing: Beyond Mainstream Mechanisms Anna Davies 5. Public–Private Partnerships for Wider and Equitable Access to Climate Technologies Elisa Morgera and Kati Kulovesi 6. Climate Change, Technology Transfer and Intellectual Property Rights: A Modest Exercise in Thinking Outside the Box Krishna Ravi Srinivas 7. Access to Essential Environmental Technologies and Poor Communities: Why Human Rights Should be Prioritized Oche Onazi 8. Achieving Greater Access: A New Role for Established Legal Principles? Abbe E.L. Brown 9. The ‘New Normal’: Food, Climate Change and Intellectual Property Baskut Tuncak 10. Intellectual Property: Property Rights and the Public Interest James McLean 11. A View from Inside the Renewable Energy Industry Mervyn D. Jones 12. A Private Institutional Investment Perspective David A. McGrory Index
£109.25
Edward Elgar Publishing Ltd Intellectual Property in Common Law and Civil Law
Book SynopsisDespite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.Trade ReviewIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!' --Christoph Ann, Technische Universität München, Germany'All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.' --Christopher Heath, International Review of Intellectual Property and Competition LawTable of ContentsContents: Preface PART I: INTRODUCTION 1. Towards a History of Patent Law Brad Sherman PART II: PATENTS 2. Ordre Public and Morality Issues in Patent Eligibility Joseph Straus 3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent Lawyer Toshiko Takenaka with Martin J. Adelman 4. The Inventive Step and Cooperative Harmonization Amy L. Landers 5. Equitable Doctrines in International Patent Laws Jan Krauß PART III: COPYRIGHT 6. Tradition and Change: The Past and Future of Authors’ Moral Rights Mira T. Sundara Rajan 7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content Salil Mehra 8. The Dragon and the White Whale: Three Steps Test and Fair Use Frédéric Pollaud-Dulian 9. Fair Use: A Tale of Two Cities Sang Jo Jong PART IV: TRADEMARK AND UNFAIR COMPETITION 10. Passing Off and Unfair Competition Regimes Compared Mary LaFrance 11. Trade Dress Signe H. Naeve 12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems Gail E. Evans PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES 13. Extraterritorial Enforcement Marketa Trimble 14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook Christoph Rademacher PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP 15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms Shubha Ghosh 16. Employee Invention System: Comparative Law Perspective Toshiko Takenaka and Yves Reboul 17. Exhaustion of Intellectual Property Rights in the European Union Theo Bodewig PART VII: APPENDIX 18. The Patent Laws of Old Mario Franzosi Index
£139.00
Edward Elgar Publishing Ltd Knowledge Management and Intellectual Property
Book SynopsisWith in-depth analysis, this book will appeal to academics and students of STS (Science, Technology and Society), history of science and technology, business history, innovation studies, law, science and technology policy as well as business studies.Trade ReviewArapostathis and Dutfield's rich and well-edited collection offers a cogent challenge to patent-centred views of innovation. Their seventeen authors persuasively show that patenting is just one of a repertoire of tools successfully used to protect innovative work in a broad variety of context-dependent ways. It is essential reading for anyone wanting to learn about past contingencies in the transformation of techno-scientific creativity into wealth.- Graeme Gooday, University of Leeds, UKEssential reading, not just for IP historians and lawyers, but for anyone concerned at the insidious corporate take-over of modern life. It explodes the fallacy that patent systems exist to safeguard inventors' interests: the 20th Century saw inventors become salaried corporate employees, universities adopt a model of academic entrepreneurship, and IPRs create their own, increasingly global, logic. Yet, from Left and Right now arise fundamental ethical questions: isn't intellectual property just legal chicanery; shouldn't knowledge be a universal, public good? --- Christine MacLeod, University of Bristol, UKTable of ContentsContents: Introduction Stathis Arapostathis and Graham Dutfield PART I: INNOVATION CULTURES AND KNOWLEDGE MANAGEMENT 1. ‘Claim the Earth’: Protecting Edison’s Inventions at Home and Abroad Paul Israel 2. Managing Invention: Setting the Boundaries of Ownership Andrea R. Maestrejuan 3. The Photographic Paper that Made Leo Baekeland’s Reputation: Entrepreneurial Incentives for not Patenting Joris Mercelis 4. Software Piracy: Not necessarily Evil – or its Role in Software Development in Greece Theodore Lekkas PART II: INDIVIDUALS, INSTITUTIONS AND THE MANAGEMENT OF INTANGIBLE ASSETS 5. Collective Invention and Patent Law Individualism, 1877–2012 – or, the Curious Persistence of Inventor’s Moral Right Graham Dutfield 6. Something in the Air: The Post Office and Early Wireless, 1882–1899 Elizabeth Bruton 7. Contested Inventors: British Patent Disputes and the Culture of Invention in the Late Nineteenth Century Stathis Arapostathis 8. From Colour TV War to Non-Aggression Pact: Patents as Actants of Techno-political Diplomacy in a European Standardization Process Andreas Fickers PART III: KNOWLEDGE MANAGEMENT AND THE INDUSTRY-STATE-ACADEMIA NEXUS 9. Commerce and Academe: American Universities as Hosts of Entrepreneurial Science, 1880–1920 Susan W. Morris 10. Managing Knowledge in ‘Systematised Plant Breeding’: Mendelism and British Agricultural Science, 1900–1930 Berris Charnley 11. Patenting the Atom: The Controversial Management of State Secrecy and Intellectual Property Rights in Atomic Research Simone Turchetti PART IV: TECHNO-SCIENCES AND GLOBAL IP REGIMES: FROM HISTORY TO PRESENT CONCERNS 12. The International Patent System and the Ethics of Global Justice Henk van den Belt and Michiel Korthals 13. Intellectual Property Rights in the Plant Sciences and Development Goals in Agriculture: An Historical Perspective Niels Louwaars, Bram de Jonge and Peter Munyi 14. Business TRIPS: American Corporations and Patents Head to the Global South, 1950–2010 Eda Kranakis Index
£111.00
Edward Elgar Publishing Ltd Copyright Contracts Creators New Media New Rules
Book SynopsisThe Internet-fueled recycling of existing works into new media is the greatest challenge to copyright law. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work.Trade ReviewCopyright, Contracts, Creators presents an exhaustive and thoroughly researched and documented treatment of copyright protection for independent authors, or freelancers. --AALL Spectrum'This hardback publication is an interesting exposition on the application of copyright law to the protection of the rights of freelancers... Within this subject the book is thoroughly and professionally written and easy to read. It would actually serve as a good introduction to the application of copyright law to literary works as it contains some useful summaries of current law particularly in the UK and the United States. . . If you are interested in copyright law as it applies to author such as freelancers, or just generally want to learn more about the exploitation of copyright works in the digital age I thoroughly recommend this book. --Clive Davies, Communications Law'. . . deserves the widest possible circulation... much of what [D'Agostino] outlines and the solutions she suggests should be read by every freelancer, agency, editor and publishers. . . D'Agostino's writing is quite sprightly and she resists the temptation to be mealy-mouthed and obscure about the issues.' --D.B. Scott, canadianmags.blogspot.comTable of ContentsContents: Preface Foreword 1. Introduction 2. Freelancers and Copyright in the Digital Era 3. The History of Copyright in Relation to the Freelancer 4. The History of Copyright Contract in Relation to the Freelancer 5. International and Regional Copyright Legislation 6. National Copyright Contract Legislation and Judicial Principles 7. Judicial Treatment of Freelance Authors in North America 8. Judicial Treatment of Freelance Authors in Continental Europe 9. Freelancers in the UK: Pre-empting a Digital Dilemma 10. Formulating an Equilibrated Theory 11. Equilibrated Solutions 12. Final Remarks Bibliography Index
£38.90
Edward Elgar Publishing Ltd Genetic Resources Equity and International Law
Book SynopsisThis book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements.Trade Review'Camena Guneratne's thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic "commons" from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.' - Paul Martin, University of New England, Australia 'This is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' --- Alexander Gillespie, University of Waikato, New ZealandTable of ContentsContents: 1. Introduction 2. Overview of Plant Genetic Resources for Food and Agriculture 3. The Uses of Biological Resources 4. Property Regimes Over Biological Resources 5. The International Environmental Regime on Plant Genetic Resources and Traditional Knowledge 6. Farmers, Indigenous and Local Communities and Traditional Knowledge 7. The International Property Rights Regime 8. The Plant Protection Provisions of UPOV, the TRIPS Agreement and Bilateral Treaties 9. Access and Benefit Sharing Measures 10. Sui Generis Legislation 11. Disclosure of Origin of Genetic Resources and Traditional Knowledge 12. The Recognition of Traditional Knowledge as Prior Art 13. Conclusion Index
£115.00
Edward Elgar Publishing Ltd Intellectual Property Human Rights and
Book SynopsisThis detailed book explores the relationship between intellectual property, competition and human rights.Trade Review‘. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners. -- Roxanne A. Stokes, Journal of High Technology Law‘. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown’s contribution is timely and important.’ -- Christopher Stothers, European Competition Law Review‘Abbe Brown’s new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.’ -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden‘Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!’ -- Paul Torremans, University of Nottingham, UK‘Abbe Brown’s study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown’s study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.’ -- F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The NetherlandsTable of ContentsContents: Foreword by Charlotte Waelde 1. ‘The Essence of Intellectual Property Rights is the Right to Exclude’ 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index
£98.80
Edward Elgar Publishing Ltd A Dictionary of Intellectual Property Law
Book SynopsisIntellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case.Trade Review'This work is splendid. As an intellectual property litigator I ask, ''why did no-one do it before''? Was it for lack of the creative idea, or did no-one have the diligence and erudition of Peter Groves to perfect it? And now that it has been done, we will wonder how we managed without it.' --Jonathan Turner, Barrister'Do not be put off by the word ''dictionary''. This is a fascinating, witty and erudite little volume, packed with interesting and useful information on the whole gamut of intellectual property. It leaves one (this one anyway) hungering for more and wanting to delve more deeply into fields that have nothing to do with earning one's daily bread.' --Tony McStea, Senior Patent Attorney, Global Patents, Givaudan Schweiz AG'Dr Groves set himself the monumental task of assembling a work that would be both a dictionary of the most important terms in intellectual property law and a ready resource for IP students and practitioners worldwide. He has succeeded admirably: his book not only covers the field but also glitters with unexpected delights (the entry on goodwill is a must-read). This compendium is essential for the desktop (or laptop) of anyone whose work involves intellectual property.' --Robert C. Cumbow, Graham & Dunn PCTable of ContentsContents: Preface Dictionary of Intellectual Property Law
£40.80
Edward Elgar Publishing Ltd Evolving Properties of Intellectual Capitalism
Book SynopsisPractitioners and policy-makers will also greatly benefit from reading this volume, following up on the author's widely acclaimed book published in 1999 The Economics and Management of Intellectual Property: Towards Intellectual Capitalism.Trade Review'Ove Granstrand's excellent monograph titled Evolving Properties of Intellectual Capitalism: Patents and Innovation for Growth and Welfare explores how the innovation system works in advanced economics. At its core is the concept of the ''innovation spiral'' that depicts the interdependence amongst R&D/knowledge, patents/IP, innovation and economic growth and welfare. Its focus on the neglected topic of intangible assets and intellectual capital is timely. The author's focus is primarily European but the relevance of his work is global. The book is a must read for policymakers, a handy reference for managers, and a useful guide for students wishing to understand the many element of innovation policy.' --David Teece, Berkeley Research Group, US'Ove Granstrand's new book is both a broad and deep treatment of his subject. A general reader may value this original and important work for its international comparisons and its treatment of policy as well as more familiar economic issues. A reader with interest in the details of intellectual property may value the work for the penetrating questions asked in the author's research and the wealth of detail and evidence presented. The book is important in its advocacy of seeing patents as a dynamic factor influencing innovation rather than as simply having a static and protective role. Granstrand's treatment will be valuable to executive and political audiences as well as lawyers and economists.' --James M. Utterback, Massachusetts Institute of Technology, US'This is Ove Granstrand's best and most profound work to date. He casts intellectual capitalism as a global system, interfacing a variety of national policy regimes. He shows why the pro-patent era is also pro-licensing, as increasing spatial and organizational interdependencies necessitate shifts in governance structures.' --John Cantwell, Rutgers University, USTable of ContentsContents: Preface 1. Innovation, IP and Intellectual Capitalism 2. Analytical framework 3. Patents and innovations for growth and welfare – a literature review 4. Methodology 5. Patents, innovations and growth – empirical analysis 6. What explains fluctuations in patenting frequency and propensity? 7. Discussion and general innovation and IP policy recommendations 8. Special recommendations for increasing patent knowledge and patenting 9. Patent and Innovation System Developments in Europe, Asia and the US 10. Transnational policy recommendations and policy issues 11. Global innovation and intellectual capitalism 12. Summary and Conclusions References Index
£138.70
Edward Elgar Publishing Ltd Chinese Intellectual Property and Technology Laws
Book SynopsisWritten by some of Chinaâs leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of Chinaâs Supreme Peopleâs Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.Trade Review’Studies in this book consider the changing role of intellectual property and technology laws in the country, discussing the transition points experienced in China's economy and considering the legal and political challenges it faces. Some of China's leading academic experts contribute in-depth articles in this first review to appear in English, making this a 'must' for any college-level international legal studies library.’ -- Midwest Book Review’This excellent volume offers much to learn from. . . The book is extensively and meticulously footnoted and contains the research tools one would expect from works of this stature, including a thought provoking introduction, detailed index and table of contents. . . the book is a rich resource of rather fascinating legal, historical and socio-economic insights into IP from the Chinese perspective. . . this volume should be added to any well stocked professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine’In summary, the editor and contributors have acquired a convincing balance between comprehensiveness and the ambition to highlight certain China-specific areas. The book is not confined to outlining specific IP laws per se but it also includes neighbouring, sometimes conflicting areas of law. Its distinctive feature is that it sheds light on intellectual property and technology laws and practice from different angles. For instance, it does not only inform the reader about the immediate copyright provisions but also about the potential application of antitrust law to abusive exercise, telecommunications provisions which, inter alia, regulate under which circumstances a copyright protected content may be traded on the internet, the contractual provisions which are applicable, e.g. to click-wrap contracts, as well as the enforcement practice in special administrations and courts. Moreover, it introduces the reader to domestic and international policy issues, including China's position on the international stage and the motives behind domestic regulations. On the whole, this book provides valuable enrichment to the available literature on Chinese IP. It is highly recommended to a readership composed of both practitioners and academics alike.’ -- Peter Ganea, China-EU Law JournalTable of ContentsContents: Foreword Jiang Zhipei 1. Introduction Rohan Kariyawasam 2. Patents Guo He 3. Trademarks Li Zuming 4. Copyright Protection in China Li Yufeng 5. Unfair Competition/Trade Secrets (1) Hu Kaizhong 6. Unfair Competition/Trade Secrets/Know-how (2) Liu Xiaohai 7. Protection of Intellectual Property in Hong Kong Michael Pendleton 8. Copyright Protection under the Network Environment Liu Chuntian 9. Computer Software, Information Technology and e-Commerce (1) Zhang Ping and Meng Zhaoping 10. Chinese e-Commerce (2) and Legal Environment Cong Lixian 11. Anti Monopoly Law Huang Young and Zhang Zhe 12. Intellectual Property Protection and Competition Law Xu Shiying 13. China in the WTO: Enforcement of the TRIPS Agreement and the Doha Agenda Kong Qingjiang 14. Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC) Jack Chang 15. Telecommunications and the Internet Rohan Kariyawasam Index
£49.35
Edward Elgar Publishing Ltd International Trade in Indigenous Cultural
Book SynopsisThis topical book brings to the fore new and standard-setting research into the connection between indigenous cultural heritage, international trade and economic development of indigenous peoples.Trade Review‘... the book is unique as a first publication to address all relevant viewpoints of international law on the topic of ICH trade. We have in one volume a comprehensive picture of indigenous peoples ' interests in cultural heritage and development. ... The editors can be congratulated on producing an amazingly rich volume... This is legal research at the cutting edge, and for once not so Euro-American centric.’ -- Laura Nader, The IP Law Book Review‘This timely and pioneering volume provides an ethnically sensitive exploration of the international trade in indigenous cultural heritage. The country reports are informative and insightful; they greatly enrich our understanding of the realities on the ground in Australia, Canada, New Zealand and the United States. The book also contains concrete and practical recommendations. It is essential reading for anyone interested in learning more about the protection and development of indigenous cultural heritage.’ -- Peter K. Yu, Drake University Law School, US‘Christoph Graber, Karolina Kuprecht and Jessica Lai have brought together authors who know the field, given them a set of concrete themes and through meticulous editing have produced an integrated work that has the strength of collective insight. This book sets the standard for researchers working on those difficult issues raised by trade and commerce in indigenous cultural heritage.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: Foreword Paul L.A.H. Chartrand Preface Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai PART I: METHODOLOGY AND SOCIAL CONTEXT 1. Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method Christoph B. Graber 2. Indigenous Self-Government, Cultural Heritage and International Trade: A Sociological Perspective Duane Champagne PART II: INTERNATIONAL LAW PERSPECTIVES 3. International Indigenous and Human Rights Law in the Context of Trade in Indigenous Cultural Heritage John Scott and Federico Lenzerini 4. Finding Space in the Margins? Recognising the Rights of Indigenous Peoples in the WTO Fiona Macmillan 5. Attempts to Protect Indigenous Culture through Free Trade Agreements Susy Frankel 6. Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies Christoph Antons 7. International Trade in Indigenous Cultural Heritage: An IP Practitioners’ Perspective Martin Girsberger and Benny Müller 8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade Brigitte Vézina 9. International Trade in Indigenous Cultural Heritage: An Argument for Indigenous Governance of Cultural Property Rebecca Tsosie 10. International Trade in Moveable Tangible Cultural Heritage of Indigenous Peoples: A European Perspective Karolina Kuprecht and Kurt Siehr 11. Indigenous Cultural Heritage in Development and Trade: Perspectives from the Dynamics of Cultural Heritage Law and Policy Rosemary J. Coombe with Joseph F. Turcotte 12. International Trade in Indigenous Cultural Heritage: Comments from UNESCO in Light of its International Standard-Setting Instruments in the Field of Culture Francesco Bandarin PART III: COUNTRY REPORTS (UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND) 13. A United States Perspective on the Protection of Indigenous Cultural Heritage Carole E. Goldberg 14. Ownership and Trade of Aboriginal Cultural Heritage in Canada Catherine Bell 15. International Trade in Indigenous Cultural Heritage: An Australian Perspective Kathy Bowrey 16. A New Zealand Perspective on the Protection of Mātauranga Māori (Traditional Knowledge) Susy Frankel PART IV: CONCLUSIONS 17. The Trade and Development of Indigenous Cultural Heritage: Completing the Picture and a Possible Way Forward Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai Index
£155.80
Edward Elgar Publishing Ltd Information Environmentalism
Book SynopsisIn the 21st century the information commons provides critical raw material for creativity and innovation.Trade Review‘This thoughtful and deeply analytical text examines in detail what the author, Robert Cunningham, describes as ‘the nexus between the physical environment and the information environment’ and explores the ways in which ‘environmental analytical frameworks’ might also apply to the information environment. . . IP theorists in particular, as well as environmental lawyers and academics will appreciate the insights revealed and the often new and original avenues of thought which Cunningham opens up to scrutiny as a result of his careful research. Certainly this book deserves a place in the well read practitioner’s professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Cunningham’s first title is an articulate analogy between the physical and informational environments, which provides a thorough application of ecological and environmentalist discourse to the information environment.’ -- Catherine Pocock, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. Information Environmentalism 2. Information Paradox and Public Goods 3. Externalities and Monopolies 4. Information Commons 5. Tragedy of (Ignoring) the Information Semicommons 6. The Social Ecology of Information Environmental Governance 7. Should the Information Commons have Standing? 8. Rational Truths, Reasonable Arguments and Rhetorical Imagination 9. Public Choice Theory and Social Production 10. Constitutional Economics and the Separation of (Economic) Power 11. Control, Alt, Delete: Towards an Information Environmental Governance Framework Index
£103.55
Edward Elgar Publishing Ltd International Patent Law
Book SynopsisIt grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law’s impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts.Trade Review’In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.’ -- - From the foreword by Michael Trebilcock, University of Toronto, CanadaFor the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions - particularly WIPO and the WTO - to foster the development of, and administer, sound international patent policy.’ -- Rochelle Dreyfuss, New York University, School of LawTable of ContentsContents: Foreword Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law: Autarkic Analysis 2. The Value of Diversity: Relaxed Autarky 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References Index
£27.50
Edward Elgar Publishing Ltd Intellectual Property Pharmaceuticals and Public
Book SynopsisThe expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies.Trade Review‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha 2. Pharmaceutical Production and Access to Essential Medicines in South Africa Heinz Klug 3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy Gaëlle Krikorian 4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia Tatiana Andia 5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS Alenka Guzmán 6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program Matthew Flynn 7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies Kenneth C. Shadlen 8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience Jean-Frédéric Morin and Mélanie Bourassa Forcier 9. Access to Indian Generic Drugs: Emerging Issues N. Lalitha 10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China Mariko Watanabe and Luwen Shi 11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country Samira Guennif 12. The TRIPS Agreement and Health Innovation in Bangladesh Padmashree Gehl Sampath Index
£37.00
Edward Elgar Publishing Ltd Individualism and Collectiveness in Intellectual
Book SynopsisThe respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.Trade ReviewPublished by Edward Elgar as part of their admirable ATRIP intellectual property series, this book should have an immediate appeal to intellectual property law scholars everywhere, certainly worldwide. . . For those involved in the field of intellectual property this book provides much information and food for thought based on what we would conclude is much original, thorough and extensive research by a very select and talented grouping of specialist IP lawyer, the book is certainly interesting reading and, we would have thought, an essential purchase for your library. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Opening Remarks to the 2010 ATRIP Congress PART I: IP RIGHTS AND COMPETITION LAW 1. Individual, Multiple and Collective Ownership: What Impact on Competition? Reto M. Hilty 2. The Law and Economics of Progress: IP Rights and Competition Policy Rudolph J.R. Peritz 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Ole-Andreas Rognstad PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing Geertrui Van Overwalle PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW 5. Collectivism and its Role in the Frame of Individual Contracts Silke von Lewinski 6. Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules? Sylvie Nérisson 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven A. Hetcher 8. The Necessity to Collectivize Copyright – and Dangers Thereof Jens Schovsbo 9. Two Perspectives on the Proposed Google Book Settlement John Cross and Fredrik Willem Grosheide PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States Irene Calboli 11. The Competitive Significance of Collective Trademarks Alexander Peukert 12. Multinationals’ Global Governance on the Internet Hong Xue 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Katja Weckström PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS 14. Virtual Teachers: A Copyright Paradox? Laura Carlson and Sanna Wolk 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Adejoke Oyewunmi Index
£126.00
Edward Elgar Publishing Ltd Law and Economics of Innovation
Book SynopsisThis authoritative volume includes a selection of seminal articles published in the emerging field of technological progress and innovation. The first part of the book is dedicated to the economics of innovation, while the following parts include important papers in various legal areas that focus on innovation.Trade Review‘Lawyers, post-graduate students of law and economics, as well as policy makers and judges concerned with the issues raised by class actions will find this book, with its copious footnotes, a valuable tool for further research into this emerging area of law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction Eli M. Salzberger PART I ECONOMICS OF INNOVATION 1. Nathan Rosenberg (1976), ‘On Technological Expectations’ 2. Richard R. Nelson and Sidney G. Winter (1977), ‘In Search of Useful Theory of Innovation’ 3. Partha Dasgupta and Joseph Stiglitz (1980), ‘Industrial Structure and the Nature of Innovative Activity’ 4. Zoltan J. Acs and David B. Audretsch (1988), ‘Innovation in Large and Small Firms: An Empirical Analysis’ 5. Paul M. Romer (1990), ‘Endogenous Technical Change’ 6. David J. Teece (1992), ‘Competition, Cooperation, and Innovation: Organizational Arrangements for Regimes of Rapid Technological Progress’ 7. Chris Freeman (1994), ‘The Economics of Technical Change’ 8. Giovanni Dosi (1997), ‘Opportunities, Incentives and the Collective Patterns of Technological Change’ 9. Gregory N. Stock, Noel P. Greis and William A. Fischer (2002), ‘Firm Size and Dynamic Technological Innovation’ PART II IP AND INNOVATION 10. Steven Shavell and Tanguy van Ypersele (2001), ‘Rewards versus Intellectual Property Rights’ 11. Philip J. Weiser (2003), ‘The Internet, Innovation, and Intellectual Property Policy’ 12. Gregory N. Mandel (2005), ‘Promoting Environmental Innovation with Intellectual Property Innovation: A New Basis for Patent Rewards’ 13. Tim Wu (2006), ‘Intellectual Property, Innovation, and Decentralized Decisions’ 14. John M. Golden (2010), ‘Principles for Patent Remedies’ PART III PARTICULAR INDUSTRIES 15. Bruce Kogut and Anca Metiu (2001), ‘Open-Source Software Development and Distributed Innovation’ 16. Kal Raustiala and Christopher Sprigman (2006), ‘The Piracy Paradox: Innovation and Intellectual Property in Fashion Design’ PART IV ANTI-TRUST AND INNOVATION [170 pp] 17. David J. Teece and Mary Coleman (1998), ‘The Meaning of Monopoly: Antitrust Analysis in High-Technology Industries’ 18. Michel A. Carrier (2008), ‘Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation Markets’ 19. Daniel F. Spulber (2008), ‘Competition Policy and the Incentive to Innovate: The Dynamic Effects of Microsoft v. Commission’ PART V TORTS 20. Gideon Parchomovsky and Alex Stein (2008–09), ‘Torts and Innovation’ PART VI REGULATION 21. Jukka Similä (2002), ‘Pollution Regulation and Its Effects on Technological Innovations’ 22. Rebecca S. Eisenberg (2007), ‘The Role of the FDA in Innovation Policy’
£370.50
Edward Elgar Publishing Ltd The Art Collecting Legal Handbook
Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland‘The third edition of The Art Collecting Legal Handbook is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UKTable of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA
£114.00
Edward Elgar Publishing Ltd Improving Intellectual Property
Book SynopsisTrade Review‘My advice to beginners in patent and innovation law scholarship, whether students or junior faculty, has always been the same: start by reading Rochelle Dreyfuss’s work on the subject. Improving Intellectual Property is a wide-ranging collection of insightful writing inspired by Rochelle’s work that vindicates the soundness of that advice. It also inspires a second piece of advice: Next, read this volume!’ -- Katherine Strandburg, New York University School of Law, US‘There is much insight, much to provoke, some to annoy, some to disagree with, and lots to make you think in this book. But not much to bore you. It is an exceptional tribute by some heavyweight names in the IP World to the great scholar and lawyer, Rochelle Dreyfuss.’ -- Robin Jacob, University College London, UKTable of ContentsContents: Preface xiv Rochelle Dreyfuss: Teacher, Builder, Scholar, Friend xv Harry First Acknowledgements xix List of common citations xx List of common abbreviations xxi 1 Introduction 1 Graeme Dinwoodie and Susy Frankel PART I ADDRESSING BOUNDARIES AND IMBALANCE 2 Prioritizing intellectual property’s freedom to operate 7 Margaret Chon 3 Are negative spaces likely to be fragile? 18 Christopher Jon Sprigman 4 The Marrakesh Treaty: Using the tools of intellectual property law to advance human rights 28 Laurence R. Helfer PART II PUBLIC HEALTH, PANDEMICS AND CRISES 5 Winning and losing pairings in access to medicines: A practical guide 39 Peter F. Drahos 6 COVID crisis underscores IP imbalance 50 Cynthia M. Ho 7 Using compulsory licences as a governance tool: The need for greater effectiveness and policy coherence 61 Duncan Matthews, Esther van Zimmeren and Timo Minssen 8 Food security, food crisis and boundaries to intellectual property 75 Geertrui Van Overwalle PART III PATENT CHALLENGES 9 The case for a liability rule to stimulate investment in sub-patentable innovation 88 Jerome H. Reichman and Ana Santos Rutschman 10 How do we protect biomedical research in the evolving intellectual property environment? 95 Dianne Nicol and Jane Nielsen 11 The validity of patent royalties after patent expiration: Brulotte/Kimble from the viewpoint of Japanese private international law 106 Toshiyuki Kono 12 ‘Tool Time’: The continuing relevance of compulsory licensing as a patent policy tool 116 Margo A. Bagley 13 US patent reform 2.0: Simplifying first-inventor-to-file novelty 126 Toshiko Takenaka PART IV DISPUTE SETTLEMENT AND COURT SPECIALIZATION 14 The Federal Circuit’s reach as a specialized court beyond patent law 138 Jeanne C. Fromer 15 Specialization everywhere: Increasing adjudicator specialization in the patent litigation ecosystem 149 Sarah R. Wasserman Rajec and Melissa F. Wasserman 16 The Unified Patent Court: A new patent troll haven 159 Thomas Riis 17 Transnational judicial competition in intellectual property law 170 Marketa Trimble 18 Navigating public, private, national, and global: International commercial arbitration of patent disputes 180 Barbara Lauriat PART V AUTHORS AND INVENTORS 19 Authors’ copyright (?) 191 Jane C. Ginsburg 20 Authors’ moral rights in the Berne Convention 204 Gustavo Ghidini and Laura Moscati 21 AI machines as inventors: The role of human agency in patent law 214 Brad Sherman 22 Artificial inventors 224 Daniel Gervais PART VI EXPRESSIVE GENERICITY AND FREEDOMS 23 Patent exhaustion as a canon of expressive freedom 235 Dan L. Burk 24 Expressive genericity revisited: What EU policymakers can learn from Rochelle Dreyfuss 246 Martin Senftleben 25 The sensibility of ‘expressive genericity’ and the rise (and potential fall) of Rogers v. Grimaldi in American trademark law 258 Barton Beebe 26 Trademarks as language in the 21st century 266 David Tan 27 Do trademarks assist global fabless manufacturing? 277 Stephen Petrie, Trevor Kollmann, Russell Thomson, Alexandru Codoreanu and Elizabeth Webster PART VII INFORMATION/DATA AND CONFIDENTIALITY/PUBLICITY 28 Information law pioneer 290 Sharon K. Sandeen 29 The right of publicity as civic communication 301 Megan Richardson 30 Governing valuable confidential data in the EU: Transparency as fairness 310 Nari Lee 31 FAIR, FRAND and open – the institutionalization of research data sharing under the EU data strategy 320 Mireille van Eechoud 32 A shifting paradigm of regulatory data transparency in Europe: How to reconcile the irreconcilable 331 Żaneta Zemła-Pacud PART VIII NON-DISCRIMINATION ISSUES 33 Remuneration rights and national treatment 342 Bernt Hugenholtz 34 The limits of national treatment 354 Annette Kur 35 Discriminatory non-discrimination 364 Susy Frankel 36 Non-discrimination as to the field of commerce as a norm of international trade mark law 374 Lionel Bently PART IX MAKING INTERNATIONAL IP AND INVESTMENT LAW 37 Proceduralism is not fetishism: International intellectual property lawmaking and global administrative law 386 Orit Fischman Afori 38 Early findings on the economic impacts of intellectual property-related trade agreements 397 Keith E. Maskus and William Ridley 39 The changing chemistry between intellectual property and investment law 406 Peter K. Yu 40 Investment treaties and public health: Time to rethink the strategy? 417 Dhanay Cadillo Chandler 41 Excluding intellectual property from bilateral trade and investment agreements: A lesson from the global health crisis 427 Christophe Geiger PART X INSTITUTIONS AND POLITICAL DRIVERS 42 Justifying the public law of patents 439 Kali Murray 43 WIPO alert – a reason to be alerted? 450 Alexander Peukert 44 A scholarly look at international IP – idealistic and pragmatic 462 Justin Hughes and Ruth L. Okediji 45 IP in an era of new mercantilism 475 Daniel Benoliel 46 Toward pluralism in U.S. intellectual property 486 Michael J. Burstein 47 Does IP improve the world? 494 Henning Grosse Ruse-Khan Index
£152.00
Edward Elgar Publishing Ltd The Exploitation of Intellectual Property Rights
Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index
£99.75
Edward Elgar Publishing Ltd Trademark Dilution and Free Riding
Book SynopsisTrade Review‘This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.’ -- Mark P. McKenna, UCLA School of Law, US‘The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today’s practitioners.’ -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US‘Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and “free riding” across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.’ -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaTable of ContentsContents: Foreword xxxiii Preface xxxv Table of Cases xxxvii Table of Laws and Rules li PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW 1 Overview of International Dilution Law 2 Daniel R. Bereskin 2 Historical Roots of European Dilution Law 10 Ilanah Fhima 3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34 Jerre B. Swann PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD 4 Argentina 87 Jorge Otamendi 5 Australia 103 Odette Gourley 6 Brazil 128 Peter Dirk Siemsen and Rafael Atab 7 Canada 143 Daniel R. Bereskin 8 Chile 164 Rodrigo Velasco S. 9 China 174 Xuemin Chen 10 Trademark Dilution in the European Union 188 Charles Gielen 11 India 227 Dev S. Gangjee 12 Israel 247 Neil Wilkof and Narda Ben-Zvi 13 Japan 263 Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance 14 Republic of Korea (Korea) 279 Cheon-Woo Son and Angela Kim 15 Mexico 290 Roberto Arochi 16 Singapore 308 Elizabeth V. Cardoza and Gladys Mirandah 17 South Africa 324 Wim Alberts and Owen Salmon 18 Switzerland 340 Patrick Troller and Gallus Joller 19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353 Theodore H. Davis Jr 20 Survey Evidence in U.S. Dilution Cases 417 Gerald L. Ford and AnnaBelle Sartore PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION 21 Unfair Advantage Law in the European Union 441 Ilanah Fhima and Sir Robin Jacob 22 Dilution and Freedom of Expression in Europe 467 Wolfgang Sakulin 23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517 Anthony L. Fletcher and Kristen McCallion Index 542
£204.25
Edward Elgar Publishing Ltd Intellectual Property Rights in Times of Crisis
Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik
£99.75
Edward Elgar Publishing Ltd Comic Art Creativity and the Law
Book SynopsisTrade ReviewAcclaim for the first edition:‘Mark Greenberg's Comic Art, Creativity and the Law outlines the protective, and often restrictive, aspects of the relationship between the law and the comic book industry. Greenberg's text is a very accessible, even enjoyable read. While Comic Art, Creativity and the Law is fascinating, even compelling, its principle audience is entertainment comic book creators, attorneys, and fans.’ -- Allen Berry, Technical Communication’Talk about an interesting project! This really quite riveting book from Edward Elgar’s Law and Entrepreneurship series explores a not very much explored area of the law; that is the effect, for better or worse, of the law on creativity and the creative process. . . While the book could be considered a guide to ‘the law of comics’, it is more than that. There is much analysis and commentary on the history, structure and modes of comic art, after which, the discussion turns to two legal doctrines: contract and copyright law. The impact of tax and obscenity laws is also discussed. . . With the ten pages ‘table of authorities’ and extensive footnoting, the book is a carefully researched academic study as well as a fascinating read. No doubt it will end up as an exceptionally well-thumbed volume in practitioners’ libraries on both sides of the Atlantic – and fans anywhere, of cartoons and comics will love it.’ -- The Barrister Magazine’Marc Greenberg combines his professional expertise and deep knowledge of comics history to provide the first book-length treatment of the subject of law as it applies to comics. . . an invaluable resource for understanding the issues.’ -- Rob Salkowitz, ICV2‘Comic Art, Creativity and the Law is a highly welcome addition to the literature on the development of comic art. The book stands out in its knowledge of the comic industry and analysis of the legal challenges confronting creative artists. You will enjoy reading it whether you are an art law specialist or a Spiderman fan.’ -- Peter K. Yu, Drake University Law School, US‘In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics – and all creative enterprises – in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.’ -- Rob Salkowitz, author of Comic-Con and the Business of Pop Culture‘Marc Greenberg’s Comic Art, Creativity and the Law gives a detailed, thoughtful “look under the hood” of one of the United States’ most vibrant and under appreciated creative industries. For anyone who cares about truly understanding the creative process and the lives of authors in our times, this should be part of your library.’ -- Justin Hughes, Loyola Law School and chief US negotiator for the Beijing and Marrakesh copyright treaties‘An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg’s book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.’ -- Mark A. Lemley, Stanford Law School, USTable of ContentsContents: PART I INTRODUCTION TO THE SECOND EDITION PART II CREATIVITY AND THE LAW 1. The neuroscience of creativity 2. How the law views the creative process PART III COMIC ART – HISTORY, STRUCTURE AND MODE 3. A brief history of comic art 4. The structure and common modes for comic art PART IV THE IMPACT OF LAW ON THE CREATION AND STRUCTURE OF COMIC ART 5. Uneasy bedfellows: comic art creators and publishers – how comic art 6. Copyright law’s impact on the creative process in comic art 7. Fan-based creations – a look at Fan Fiction, Fan Art, Fan Films and Cosplay PART V CONSTRAINING CREATIVITY: THE EFFECT OF TAX LAW AND OBSCENITY LAW ON THE CREATIVE PROCESS 8. The power to tax and the First Amendment: Mavrides v. Board of Equalization 9. Censoring creativity, the Comics Code Authority and the birth of the Comic Book Legal Defense Fund 10. Obscenity law and the First Amendment: CBLDF to the defense 11. The bigger picture: obscenity, the First Amendment and the moral education of the young PART VI COMIC ART AND LAW IN THE INTERNATIONAL AND DIGITAL MARKETS 12. Comic art and the law in the international marketplace 13. Eight tips for licensing comics for film and television 14. Comic art, law and the digital revolution 15. Concluding remarks Index
£27.50
