Intellectual property law Books

Book SynopsisTrade Review'This timely collection of stimulating essays does more than fill a gap in the literature; it fills an aching void in the imagination of far too many intellectual property teachers. Teaching Intellectual Property Law: Strategy and Management invites a challenge to traditional IP pedagogy that should be hard to resist.' -- Professor Jeremy Phillips, founder of #IPKat‘This is an excellent tome that is a delight to read and absorb. The work contains top-quality contributions from established scholars and research. The book invites us to consider how we can adopt a multidisciplinary approach when conveying Intellectual property law to a varied audience. The work offers excellent insights on the “modern student” who is used to having everything a click away. How do we intellectual property aficionados enthuse such listeners? Dip in this book to discover how to incorporate learning outcomes or combat modern technology-based challenges (such as Chat GPT ). The various chapters offer thoughtful and clear guidelines as to how we engage with students from diverse disciplinary backgrounds, using a plethora of approaches from drum kits to card games to empirical research. It is an essential reading for both experienced practitioners and scholars, but especially vital for early career researchers and teachers.’ -- Uma Suthersanen, Queen Mary University of London, UKTable of ContentsContents: PART I INTRODUCTION TO TEACHING INTELLECTUAL PROPERTY LAW, STRATEGY AND MANAGEMENT Introduction 2 Sabine Jacques and Ruth Soetendorp PART II STRENGTHENING STUDENT ENGAGEMENT 1 Overcoming resistance to law on non-law modules 29 Ruth Soetendorp 2 Developing twenty-first century skills for creativity and innovation: the case of the entrepreneurial educator in raising learner awareness of intellectual property 46 Kathryn Penaluna and Andrew Penaluna 3 Teaching IP to science students, especially in the degree of biotechnology 60 Mercedes Curto Polo 4 Teaching copyright with musical instruments: using the drum kit to deepen learning 70 Nick Scharf 5 Alternance in synchronous e-teaching with large groups 84 Laurent Manderieux and Gabriele Gagliani PART III DEVELOPING A MULTI-DISCIPLINARY APPROACH 6 To boldly go: empirical research in intellectual property rights teaching 98 Smita Kheria 7 Interdisciplinary teaching through a combination of methods: IP licensing for non-law students 117 Rumyana Brestnichka, Fanny Koleva and Miglena Molhova-Vladova 8 Arts in IP law programmes: employing arts study, practice and pedagogy in law programmes – when students become creators 128 Andrea Wallace 9 IP education: an ethics and sustainability perspective 146 Helen Gubby 10 Integrating sustainable development awareness in intellectual property law education 154 Janice Denoncourt PART IV ACCENT ON COLLABORATIVE ENVIRONMENTS 11 Peer-assisted learning in intellectual property law: a bridge to solidifying learning and enhancing student experience 177 William Page, Jocelyn Bosse and Adrian Aronsson-Storrier 12 Applying knowledge in practice with IP pro bono 193 Hayleigh Bosher 13 Collaborative intellectual property learning: law and design-engineering students bring IP law to life 206 Dinusha Mendis PART V INNOVATIVE TECHNOLOGICAL METHODS 14 Playing the IP game: IntangAbility 221 Sabine Jacques 15 Using social media in IP teaching: a review of the use of social media as a learning and teaching tool 235 Joe Sekhon 16 Teaching with artificial intelligence and virtual reality for experiential learning 254 Caroline Coles PART VI ADVANCING EMPLOYABILITY-RELATED SKILLS 17 The value of a good story: involving inventors and entrepreneurs in higher education as a tool to support teaching and learning 267 Mandy Haberman 18 IP outside the textbook: professional networking activities in the IP curriculum 275 Eleonora Rosati 19 Private practitioner’s pragmatic approach fits the business minded student’s requirements 284 Agathe Michel-de Cazotte 20 Teaching IP management to engineers, scientists, entrepreneurs and managers 290 Peter van Dongen PART VII FURTHER AVAILABLE RESOURCES 21 A moveable brownbag 298 Brian L. Frye 22 Making copyright law accessible to all creatives using CopyrightUser.org 309 Bartolomeo Meletti 23 UK IPO resources for IP education 323 Lisa Redman and Catherine Davies PART VIII REFLECTIONS AND CONCLUSIONS 24 Reflections and conclusions 335 Index

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Book SynopsisTrade Review‘This field guide to AI Law takes you on a thorough tour of the legal and regulatory AI landscape, both as it currently stands and how it might look in the future. You can tell Lothar has spent a lot of time considering the concrete problems and risks with AI and how they might play out in a business setting. He does a masterful job laying out the practical steps in-house counsel can take now to mitigate legal threats, protect consumer data, and have a plan in place for when regulators come calling.’ -- Maria Dinzeo, Journalist, Law.com, US‘With this terrific and incredibly timely Guide, Prof. Determann confirms his unique talent to be able to foresee and anticipate the main legal challenges which digitization raises for lawyers, companies, agencies at local and federal level but also for legal scholars and students. It is, by far, the best and most complete travelling compass, clear, structured and advanced, for anybody who needs an AI law road star. Unmissable.’ -- Oreste Pollicino, Professor of Constitutional Law and Media Law, Bocconi University, Italy‘Artificial intelligence has taken the digital and legal worlds by storm. Drawing on his extensive experience navigating the digital revolution, Lothar Determann has thoughtfully framed the latest and possibly most dramatic phase. His AI Guide provides legal professionals and their clients with systematic checklists for traversing this new frontier.’ -- Peter S. Menell, University of California at Berkeley School of Law, US‘Determann’s Field Guide is an essential read for anyone grappling with policies, processes and procedures for the use of generative AI. Determann skilfully navigates the reader through a constantly shifting technology and legal landscape. This is a “must read” for anyone seeking to understand what’s at stake in developing a practical framework for using AI in an organizational context.’ -- Ardi Kolah, Founding Editor-in-Chief, Journal of Data Protection and Privacy, UK‘As always, what a masterpiece, this book on artificial intelligence law, typical of Dr. Lothar Determann. This book has extensively consolidated legal requirements and best practices through extensive coverage of topics, such as data protection, ownership of AI, drafting documentation, assessing impacts and mitigating risks and essential checklists. Dr. Lothar’s knowledge, experience, and expertise in the field of artificial intelligence is extensively displayed across the chapters and this book will be most useful and a must read for lawyers and corporate professionals across jurisdictions.” -- Anand Mehta, Partner, Khaitan and Co., IndiaTable of ContentsContents: About Your Guide Orientation Key terms The Landscape 1 Artificial intelligence law 2 Starting an AI law compliance program 3 Drafting documentation 4 Assessing impacts and mitigating risks 5 AI agreements 6 Protocols 7 Maintaining and auditing compliance Checklist: AI Law Compliance Resources List of abbreviations Index

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Book SynopsisPresuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.Trade Review[E]minently readable and erudite...Rooksby's attempts to bring back balance and sanity to a situation that seems almost out of control are detailed and well argued. Times Higher EducationTable of ContentsPrefaceAcknowledgments Chapter 1 - Intellectual Property, Higher Education, and the Public Good Of Mice and Money Public Goods and Private Goods: Higher Education and Intellectual Property Private Rights, Public Goods, and the Role of Institutional Agency Why Intellectual Property Law and Policy Matter to Higher Education Outline of the Book Chapter 2 - Intellectual Property Explained Copyright Patent Trademark Trade SecretInternet Domain Names Right of Publicity Chapter 3 - University(TM) Rolling Heads, Rolling Tide The Emergence of Trademark Protection in Higher Education Trademark Rights Accretion in Higher Education The Harms That Come from Trademark Rights Accretion Trademark Rights Accretion and the Public GoodHigher Education's Trademark Enforcement Itch Trademark Enforcement and the Public Good Private Rights, Public Goods Chapter 4 - University Patents Under the Sun Our Bodies, Their Genes University Engagement in Patenting and Technology Transfer Pre-1980 Activity Post-1980 Activity Institutional Intellectual Property Polices and Structures Affecting Patenting University Patenting and Technology Transfer Today Myriad Choices Sue U. Universities and Patent Reform Private Rights, Public Goods Chapter 5 - Copyright on Campus Designs on Your Design Copyright Ownership and Use in Higher Education Company in the Classroom Digital Dilemmas Private Rights, Public Goods Chapter 6 - In Pursuit of Brand: Names, Domain Names, Images, Slogans, and Secrets A Bear of a Brand The Power of Brand New Names, New Meaning Expanding Domains EDUCAUSE and the.EDU College and University Battles for Cyberspace Higher Education's Online Brand and the Public Good Made in Their Image Insert Catchy New Slogan Here Keeping Secrets Private Rights, Public Goods Chapter 7 - Private Rights in the Public Interest: A Path ForwardStopping the Accretion: Bringing Sanity Back to College and University Trademarks Patent Law Made University Friendly From Claiming Copyright to Claiming CommonsPulling Back from Brand Implementing Intellectual Property Change on Campus Private Rights in Service of the Public Good Appendix Notes Index

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Book SynopsisThe protection and accumulation of intellectual property rightslike property rights in generalis one of the most important contemporary American values. In his cogent book, The Cultural Production of Intellectual Property Rights, Sean Johnson Andrews shows that the meaning, power, and value of intellectual properties are the consequence of an extended process of cultural production.Johnson Andrews argues that it is deeper ideological and historical roots which demand that, in the contemporary global, digital economy, all property rights be held sacrosanct and all value must flow back to the legal owner. Johnson Andrews explains that if we want to rebalance the protection of copyrights and trademarks, we should focus on undermining the reified culture of property that underpins capitalism as a whole. He outlines a framework for analyzing culture; situates intellectual property rights in the history of capitalist property relations; synthesizes key theories of media, politics, and law; a

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Book SynopsisTrade Review"This important collection of case studies adds significantly to the emerging body of empirical evidence that challenges IPs orthodoxy. Creativity and innovation do not necessarily depend on copyrights and patents. The book documents the fact that community self-governance can produce and sustain creative production across a broad range of subject matter. Eclecticism powers the book. The fascinating, provocative, and entertaining cases here range from more traditional IP-focused creative domains like film and fiction to creative fields operating beyond IP, like cuisine and medical practice, to outsider creative groups that have rejected IP, like tattoo artists and roller derby participants." -- Michael Madison,Professor of Law, University of Pittsburgh"Understanding how and why people create is central to the project of IP. This important new book catalogs the many ways in which people create without the benefit of IP law. One can find theories of copyright and creativity elsewhere. Here you will find real-world evidence of how people are creating without, and even despite, IP law." -- Mark A. Lemley,William H. Neukom Professor, Stanford Law School"For years, physicists insisted bumble bees couldnt fly. And yet, the laws of physics notwithstanding, bumblebees flew. Likewise, for years, IP lawyers have insisted that without strong IP protection, creativity cannot flourish. IP lawyers: meet the bumblebee. In this beautifully written and powerfully structured collection, the best of IPs scholars show that actual complexity of creativity, and its inspiration." -- Lawrence Lessig,Roy L. Furman Professor of Law and Leadership, Harvard Law School"This volume expands our understanding of organic systems of protection designed to preserve incentives for innovation in IPs negative spaces. It willundoubtedly provoke much debate, stimulate new research, and give rise to some interesting future conferences." * Journal of Economic Literature *

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Book SynopsisThe Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.Trade Review"Building on the work of racial justice and intellectual property pioneers, Anjali Vats elevates the conversation to important new registers, including concerns of equitable distribution and post-racial identity claims. Vats shows how IP and contested citizenship have evolved to embed centuries of systemic racial injustices, reaching into the past to imagine a new and exciting future for creatorship."—Jessica Silbey, Northeastern University"American law defined black human beings as chattel, deprived Asian Americans the right to own property, and justified the appropriation of Native lands. Anjali Vats's riveting book reveals how intellectual property is rife with racial bias and actively creates racialized notions of citizenship and humanity. From the Marvin Gaye plagiarism suit to Prince's radical protest against copyright as modern slavery, Vats explores the racial biases that underlie rhetoric around ingenuity, citizenship, property, and the public domain. A tour de force."—Madhavi Sunder, Georgetown University Law Center"Anjali Vats delivers a damning polemic on the racist scripts and tropes that have animated American intellectual property law and rhetoric, shaping understandings of citizenship and structures of national feeling in three distinct eras of racial political economy. The Color of Creatorship is destined to be a touchstone and lightning rod in critical race legal theory for years to come."—Rosemary J. Coombe, author of The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law"Vats's powerful analysis draws mainly from laws and legal cases in the United States, moving roughly chronologically from the eighteenth century to the present. But her argument has international reach."—Shobita Parthasarathy, NatureTable of ContentsIntroduction: Creating Intellectual Property, Creating Americans One: The Intellectual Property Citizen Two: The Race Liberal Intellectual Property Citizen Three: The Postracial Intellectual Property Citizen Four: Rescripting Creatorship, Rescripting Citizenship Conclusion: Decolonizing Creatorship and Remaking Personhood

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Book SynopsisWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.Trade Review"Against Progress is a satisfying, witty, and altogether magnificent provocation about the ethical limits of owning ideas. What happens when 'the road to progress' (which patent, intellectual property, and trademark laws are supposed to sustain) becomes littered with privatized toll booths and heavy fines? What happens when the right to profit from one's creativity hardens into an extractive vise so overreaching that it stifles broad economies of knowledge production? Most importantly, what happens when the internet's pyrrhic gift of viral reproductibility enables vast abuses of power, outright theft, and the widespread impoverishment of musicians, artists, writers, inventors? Jessica Silbey's brilliant book reanimates the values and virtues that once informed this legal arena: fairness, honesty, civic empathy, restraint, and the world-building sociality of shared creative enterprise."—Patricia J. Williams, Northeastern University"Against Progress announces a timely and needful reorientation of intellectual property scholarship in North America, insisting on democracy, rather than efficiency, as the organizing conceptual principle, offering an unusually insightful and revitalizing translation of efficiency into otherwise latent social justice concerns, and thus of narrowly framed economic issues into vivid dialogues and contestations about political culture. A remarkable work."—Abraham Drassinower, University of Toronto"I have long thought that we as IP lawyers would do well to listen to the voices of creators—especially when those creators are not clients of ours. Against Progress does a fantastic job of letting those creators express, in their own voices, the struggles they face trying to adapt their professional lives to a changing technological environment. Kudos to Silbey for letting their voices be heard, framed by high-level legal discussion of whether our IP laws are doing the work of advancing progress—or pushing back on it."—Gaston Kroub, Above the Law"[Silbey's] book is well-researched and organized and includes an excellent analysis of traditional IP case law and interviews with more than 100 real-world creators about how they navigate the IP law system.... This is an important read for anyone interested in the shifting policies surrounding IP law. Recommended."—J. D. Graveline, CHOICETable of ContentsIntroduction: Is Progress More? 1. Everyone's a Photographer Now: The Case of Digital Photography 2. Equality 3. Privacy 4. Distributive Justice (or "Fairer Uses") 5. Precarity and Institutional Failures Conclusion

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Book SynopsisThe Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.Trade Review"Building on the work of racial justice and intellectual property pioneers, Anjali Vats elevates the conversation to important new registers, including concerns of equitable distribution and post-racial identity claims. Vats shows how IP and contested citizenship have evolved to embed centuries of systemic racial injustices, reaching into the past to imagine a new and exciting future for creatorship."—Jessica Silbey, Northeastern University"American law defined black human beings as chattel, deprived Asian Americans the right to own property, and justified the appropriation of Native lands. Anjali Vats's riveting book reveals how intellectual property is rife with racial bias and actively creates racialized notions of citizenship and humanity. From the Marvin Gaye plagiarism suit to Prince's radical protest against copyright as modern slavery, Vats explores the racial biases that underlie rhetoric around ingenuity, citizenship, property, and the public domain. A tour de force."—Madhavi Sunder, Georgetown University Law Center"Anjali Vats delivers a damning polemic on the racist scripts and tropes that have animated American intellectual property law and rhetoric, shaping understandings of citizenship and structures of national feeling in three distinct eras of racial political economy. The Color of Creatorship is destined to be a touchstone and lightning rod in critical race legal theory for years to come."—Rosemary J. Coombe, author of The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law"Vats's powerful analysis draws mainly from laws and legal cases in the United States, moving roughly chronologically from the eighteenth century to the present. But her argument has international reach."—Shobita Parthasarathy, NatureTable of ContentsIntroduction: Creating Intellectual Property, Creating Americans One: The Intellectual Property Citizen Two: The Race Liberal Intellectual Property Citizen Three: The Postracial Intellectual Property Citizen Four: Rescripting Creatorship, Rescripting Citizenship Conclusion: Decolonizing Creatorship and Remaking Personhood

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Book SynopsisIn our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals. Trade Review"Lamdan offers a timely, ambitious, and original contribution about a set of issues that are of vital importance to the study of technology, law, and society."—Anil Kalhan, Drexel University Thomas R. Kline School of Law"Powerful and a great read! This book definitely stirs the pot."—Nicole Dyszlewski, Roger Williams University School of Law"From scientific information to legal information to massive dossiers on each and every one of us and more, Sarah Lamdan's beautifully researched book delves into the shadowy world of big data. A fascinating read!"—Carl Malamud, Public.resource.org"Lamdan's research is solid. Her book would be a nice addition to both large academic and legal libraries."—Michael Sawyer, Library Journal"Having been involved in efforts to raise awareness of the impacts of data brokers over the past decade, I appreciate Lamdan's hopeful stance that it is not too late to reverse course and create a better world. Her rhetoric is powerful, her writing colourful and her critique vigorous."—Lisa Janicke Hinchliffe, Nature"Lamdan's seminal work on the legal information market and the companies that own them is integral to how we work with these products, teach them to our students, and demo them to our patrons."—Mari Cheney, AALL Spectrum"Lamdan's work is groundbreaking yet intimately familiar to us in the librarian profession.... Her bold approach breaks down the barrier and serves as a metaphorical lighthouse to our work. It gives us a reason to recommend her book to library advocates so that they can realize how these companies are operating in the informational capitalism age. This book should be required reading for all librarians who advocate that information is power."—Edward Junhao Lim, Journal of Business & Finance Librarianship"This book needs to be adopted as part of the canon of the profession. It brings clear evidence to bear and articulates the conundrums we face daily in an almost matter of fact way. If you have spent any time working in a library, academic or otherwise, you will have certainly seen the slow and steady drift toward monopolisation of all the content that we lease. What is refreshing is that this is written in such a way that those outside of librarianship will be compelled by the stories that it tells. Next time a friend says 'it must be nice to read all day' lend them your dog-eared copy of this book so that they understand first-hand where the war is being fought."—Tim Ribaric, Canadian Journal of Academic Librarianship"It is sometimes crudely assumed that whoever owns our data can control us. Sarah Lamdan's Data Cartels brings a rather more subtle perspective."—Times Literary Supplement"This book—including the footnotes—is an engaging and insightful read. This spotlight on big data will hopefully bring these companies out of the shadows and into the public eye. Highly recommended."—R. I. Saltz, CHOICETable of Contents1. The Data Cartels: An Overview 2. Data Brokering 3. Academic Research 4. Legal Information 5. Financial Information 6. News Conclusion: Envisioning Public Information as a Public Good

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Book SynopsisWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.Trade Review"Against Progress is a satisfying, witty, and altogether magnificent provocation about the ethical limits of owning ideas. What happens when 'the road to progress' (which patent, intellectual property, and trademark laws are supposed to sustain) becomes littered with privatized toll booths and heavy fines? What happens when the right to profit from one's creativity hardens into an extractive vise so overreaching that it stifles broad economies of knowledge production? Most importantly, what happens when the internet's pyrrhic gift of viral reproductibility enables vast abuses of power, outright theft, and the widespread impoverishment of musicians, artists, writers, inventors? Jessica Silbey's brilliant book reanimates the values and virtues that once informed this legal arena: fairness, honesty, civic empathy, restraint, and the world-building sociality of shared creative enterprise."—Patricia J. Williams, Northeastern University"Against Progress announces a timely and needful reorientation of intellectual property scholarship in North America, insisting on democracy, rather than efficiency, as the organizing conceptual principle, offering an unusually insightful and revitalizing translation of efficiency into otherwise latent social justice concerns, and thus of narrowly framed economic issues into vivid dialogues and contestations about political culture. A remarkable work."—Abraham Drassinower, University of Toronto"I have long thought that we as IP lawyers would do well to listen to the voices of creators—especially when those creators are not clients of ours. Against Progress does a fantastic job of letting those creators express, in their own voices, the struggles they face trying to adapt their professional lives to a changing technological environment. Kudos to Silbey for letting their voices be heard, framed by high-level legal discussion of whether our IP laws are doing the work of advancing progress—or pushing back on it."—Gaston Kroub, Above the Law"[Silbey's] book is well-researched and organized and includes an excellent analysis of traditional IP case law and interviews with more than 100 real-world creators about how they navigate the IP law system.... This is an important read for anyone interested in the shifting policies surrounding IP law. Recommended."—J. D. Graveline, CHOICETable of ContentsIntroduction: Is Progress More? 1. Everyone's a Photographer Now: The Case of Digital Photography 2. Equality 3. Privacy 4. Distributive Justice (or "Fairer Uses") 5. Precarity and Institutional Failures Conclusion

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Book SynopsisThe manual deals with the relevant legal framework and the confidentiality of the arbitration procedure after an introduction into the peculiarities of arbitration disputes concerning IP disputes. Special emphasis is placed on the recitals in the drafting of the agreement, including the special features of the FRAND arbitration procedure. Furthermore, a description of what is to be observed in the implementation of the arbitration procedure and what remedies are available to the arbitration parties are presented in a practical manner. Finally, questions of the enforcement of arbitration laws in the field of intellectual property are dealt with. An indispensable tool for lawyers and patent attorneys.

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Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsCOPYRIGHT, DESIGNS AND RELATED RIGHTS UK Copyright, Designs and Patents Act 1988 Registered Designs Act 1949 Duration of Copyright and Rights in Performances Regulations 1995 Copyright and Related Rights Regulations 1996 The Copyright and Rights in Databases Regulations 1997 Community Design Regulations 2005 Community Design Regulations 2005 (as modified) Artist’s Resale Right Regulations 2006 Intellectual Property (Enforcement, etc.) Regulations 2006 Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 Designs (International Registration of Industrial Designs) Order 2018 EU Council Directive 93/83 (the cable and satellite directive) Council Directive 96/9 (legal protection of databases) Council Directive 98/71 (legal protection of designs) Directive 2001/29 (copyright and related rights in the information society) Council Directive 2004/48 (enforcement of intellectual property rights) Council Directive 2006/115 (rental right and lending right and certain rights related to copyright) Council Directive 2006/116 (term of protection of copyright and certain related rights) Directive 2009/24 (legal protection of computer programs) Directive 2012/28 (certain permitted uses of orphan works) Directive 2014/26 (collective management of copyright and related rights) Regulation (EC) 6/2002 (Community designs) Regulation (EC) 6/2002 (Community designs) (as modified) INTERNATIONAL Berne Convention for the Protection of Literary and Artistic Works (1886) Rome Convention (1961) WIPO Copyright Treaty (1996) Agreed Statements Concerning The WIPO Copyright Treaty WIPO Performances and Phonograms Treaty (1996) Agreed Statements Concerning The WIPO Performances And Phonograms Treaty PATENTS UK Patents Act 1977 European European Patent Convention (1973) Protocol on the Interpretation of Article 69 of the European Patent Convention EU Directive 98/44 (legal protection of biotechnological inventions) Regulation 469/2009 (supplementary protection certificates) TRADE MARKS, GEOGRAPHICAL NAMES AND UNFAIR COMPETITION UK Trade Marks Act 1994 Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 Business Protection from Misleading Marketing Regulations 2008 Consumer Protection from Unfair Trading Regulations 2008 EU Directive 2006/114/EC (misleading and comparative advertising) Directive (EU) 2015/2436 (trade marks) Directive (EU) 2016/943 (trade secrets) The Trade Secrets (Enforcement, etc.) Regulations 2018 Regulation (EU) No 608/2013 (intellectual property rights) INTERNATIONAL Madrid Agreement Concerning the International Registration of Marks (1891) Protocol to the Madrid Agreement (1989) Paris Union and WIPO Joint Recommendation concerning Provisions on the Protection of Well-Known Marks (1999) Paris Union and WIPO Joint Recommendation concerning Provisions on the Protection of Marks, and other Industrial Property Rights in Signs, on the Internet (2001) International Classification of Goods and Services under the Nice Agreement, 2021 Version INTELLECTUAL PROPERTY ON THE INTERNET UK Dispute Resolution Service Policy (2016) Electronic Commerce (EC Directive) Regulations 2002 INTERNATIONAL Rules for Uniform Domain Name Dispute Resolution Policy (2013) Uniform Domain Name Dispute Resolution Policy (1999) MULTIDISCIPLINARY LEGISLATION, AGREEMENTS AND TREATIES Paris Convention for the Protection of Industrial Property (1883) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) (2017) European Union (Withdrawal) Act 2018 Agreement on the withdrawal of the United Kingdom 2019 Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom European Union (Future Relationship) Act 2020 Index

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Book SynopsisThis book provides practitioners with a guide for handling legal due diligence in international M&A transactions. In addition to the legal aspects, it looks at organizational aspects (composition of the team, cooperation of the parties, preparation by the seller), and the use of technological tools. The book covers specific areas such as corporate law, financing, real estate, commercial contracts, intellectual property, information technology, employees, environmental law, compliance, insurance, and tax. The detailed subject index also enables quick, targeted access.

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Book SynopsisSince the last edition ten years ago the pace of technological and legal change has stepped up even more than before with previous editions. New legislation is in force such as the General Data Protection Regulation (GDPR) and UK Data Protection Act 1998 and from 1 January 2021 "UKGDPR". The UK Information Commissioner has been looking closely at "Ad Tech" and what has become known as "big data" and how data are gathered on-line. Intellectual Property law in the ecommerce area has also changed. There is a very recently agreed new EU copyright directive which is due to be implemented in the 27 EU member states (but not the UK) in 2021. The post-Brexit transition period expired on 31 December 2020 which has implications for the application of ecommerce law in a number of different areas which are all addressed in the new addition. The 2010 EU vertical regulation and guidelines have recently been built on with the EU "geo-blocking" regulation and the related EU Commission's initiatives in relation to ecommerce in the anti-trust area. In 2020 the UK implemented changes in relation to EU law in the revised 2018 Audiovisual Media Services Directive (AVMS) through the Audiovisual Media Services Regulations 2020 which are addressed in the new edition as post-Brexit the UK is retaining this legislation. Other updates include the distance selling legislation in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 which came into force since the last edition. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.Table of ContentsChapter 1: Technological convergence Chapter 2: Digital rights Chapter 3: Brands Chapter 4: Data in a digital world Chapter 5: Digital marketing Chapter 6: User-generated content and social media Chapter 7: The Audiovisual Media Services Directive Chapter 8: Video-on-demand Chapter 9: Contracting Appendix 1 Information to be provided on the supplier’s website and prior to formation of a contract with a customer Appendix 2 Information to be provided in a ‘durable medium’ (eg an email or in permanent form online) Appendix 3 Wholly and partially exempt contracts Appendix 4 Execution of deeds Appendix 5 250 Model form for cancellation of distance contract Chapter 10: Jurisdiction and enforcement

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Book SynopsisThis book integrates a science and business approach to provide an introduction and an insider view of intellectual property issues within the biotech industry, with case studies and examples from developing economy markets. Broad in scope, this book covers key principles in pharmaceutical, industrial, and agricultural biotechnology within four parts. Part 1 details the principles of intellectual property and biotechnology. Part 2 covers plant biotechnology, including biotic and abiotic stress tolerance, GM foods in sustainable agriculture, microbial biodiversity and bioprospecting for improving crop health and productivity, and production and regulatory requirements of biopesticides and biofertilizers. The third part describes recent advances in industrial biotechnology, such as DNA patenting, and commercial viability of the CRISPR/Cas9 system in genome editing. The final part describes intellectual property issues in drug discovery and development of personalized medicine, and vaccines in biodefence. This book is an ideal resource for all postgraduates and researchers working in any branch of biotechnology that requires an overview of the recent developments of intellectual property frameworks in the biotech sector.Table of ContentsPart 1: Biotechnology and Intellectual Property Issues 1: Biotechnology in Agriculture, Medicine and Industry: An Overview 2: Biotechnology and its Development in Developing Countries: Can IPR’s Foster Innovation in the Field? 3: Patent Eligibility Issues in Life Science Innovations: Contentious Court Cases 4: Checks and Balances in Biotechnology Related Patents: In Agreement to the Indian Patents (Amendment) Act, 2005 5: Intellectual Property in Biotechnology Sector. The Importance of “Star Scientists” in the Entrepreneurship and Universities Environment Part 2: Intellectual Property Issues in Agricultural Biotechnology 6: Intellectual Property in Agricultural Biotechnology: From Patent Thickets to Generics 7: Bioprospecting for Improving Soil Health and Crop Productivity: Indian Patent Landscape 8: Seeds of Change: Genetically Modified Crops, Canada’s Agricultural Growth Act and the Erosion of Farmers’ Privilege 9: Recent Innovations in Agricultural Biotechnology: Challenging the Status Quo 10: Chinese Innovation System: The Case of Agricultural Knowledge Sharing 11: IPR Regime for Agricultural Biotechnology in India Part 3: Intellectual Property Issues in Industrial Biotechnology 12: DNA Patenting 13: The Development of Patentability of Genetic Patent in Mainland China and Taiwan 14: Bioprospecting Microbial Diversity: IPR Issues 15: CRISPR/Cas9 system, A Revolutionary Technology for Genome Editing: Applications and IP Disputes Part 4: Intellectual Property Issues in Pharmaceutical Biotechnology 16: Healthcare Innovation, Personalization, and the Patent System: Where is the Public Interest? 17: Patentability of Human Embryo Stem Cell: A Comparative Analyse of Case WARF in United States and Europe 18: Innovation and Intellectual Property Issues in the “Decade of Vaccines”: a Brazilian Perspective 19: Promoting Access To Health Care Through Biosimilars: Addressing Intellectual Property Rights And Regulatory Barriers 20: Changing Paradigm for IPR Protection in Drug Discovery Research: Where India Stands 21: Intellectual Property Rights in Drug Development and Biotechnology 22: Leishmaniasis: Drug Development and IP Issues

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Book SynopsisWithin the open innovation paradigm, firms need to operate efficiently in markets for technology. This book presents original research on technology transactions, market intermediaries and, specifically, the role of auctions as a novel transaction model for patented technologies. Frank Tietze delivers an in-depth discussion of the impact of empirical results upon transaction cost theory, and in so doing, provides the means for better understanding technology transaction processes in general, and auctions in particular. Substantiating transaction cost theory with empirical auction data, the author goes on to explore how governance structures need to be designed for effective distributed innovation processes. He concludes that the auction mechanism is a viable transaction model, and illustrates that the auction design, as currently operated by market intermediaries, requires thorough adjustments. Various options for possible improvements are subsequently prescribed. The theoretical facets of this book will strongly appeal to business economists, while its practical implications will provide an illuminating read for both academics and practitioners in the fields of innovation and intellectual property. Revealing empirically substantiated technology prices, this book will also prove to be of great interest to policy makers for further developing the markets for technology.Trade Review'This study of technology auctions is long overdue. The book provides a better understanding of intermediaries, and their role and impact in markets for technology. Both scholars and managers will find it insightful.' --Alfonso Gambardella, Bocconi University, Italy'From this book, managers, academics and innovation policy makers will all benefit from new insights into the complex relationships between external technology exploitation strategies, patents, technology trade and open innovation processes. The convincing evidence - drawn from a dataset of technology auctions - helps firms to understand which of their patents are suitable for auction, and also provides guidance to intermediaries to help improve the auction models. The data presented in this book contributes to further price transparency on technology markets and hence to their further development.' --Hugo Tschirky, ETH Zurich, SwitzerlandTable of ContentsContents: Foreword Part I: Setting the Scene 1. Introduction 2. Research Methodology Part II: Technology Transactions and Auctions 3. A Firm Perspective on Technology Transactions 4. Technology Market Intermediaries 5. Auctions for Technology Transactions 6. Technology Properties 7. Transaction Cost Theory Part III: An Empirical Study of Technology Auctions 8. Methodological Approaches 9. Auction Governance Structures 10. Analysis of Auctioned Technologies 11. Discussion of Results 12. Conclusions, Implications, and Research Recommendations Annexes References Index

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Book SynopsisOver the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons.By illustrating NPOs' role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual-commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years.This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement.Contents: 1. Introduction 2. Commons, Intellectual Commons, and Their Tragedies 3. NPOs and the Commons Environment 4. Current NPO Theories and Their Applications 5. Associating NPOs with the Commons Environment 6. Conclusion Appendices Bibliography indexTrade Review'Practitioners as well as scholars and researchers in intellectual property as well as IT will appreciate the author's quite original perspective NPOs and their role in supporting the production of intellectual commons.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'There is no issue more fundamental to the growth of the open source society than a more mature and penetrating understanding of the nature of the nonprofit organization in a digital culture. Professor Lee s book is essential reading to this fundamental topic, beautifully written and brilliantly conceived.' --Lawrence Lessig, Harvard Law School, US'Jyh-An Lee provides the first comprehensive account of nonprofit organizations and their overlooked role in setting (and working around) intellectual property policy. The reader will find a wealth of information and a novel theory of NPOs as part of the IP ecosystem.' --Mark A. Lemley, Stanford Law School, USTable of ContentsContents: Preface 1. Introduction 2. Commons, Intellectual Commons, and their Tragedies 3. Nonprofit Organizations and the Commons Environment 4. Current Nonprofit Organization Theories and their Applications 5. Associating Nonprofit Organizations with the Commons Environment 6. Conclusion Appendices Bibliography Index

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Book Synopsis'This is an important addition to the growing volumes of literature on Chinese intellectual property law. The book provides an excellent selection of essays written by well-known academics and policy makers that sheds light on the process of innovation shaped by national policies and makes readers re-think the role of law in fostering innovation. This is a must read for those who wonder to what extent the stereotypical image of China as the intellectual property norm receiver still holds true.'- Nari Lee, Hanken School of Economics, Finland'This book is jointly created by leading experts from China, Australia, the US, UK and Ireland. Working in academic, governmental and judicial sectors, these authors navigate the topics from the wide realms of law, economics, international relations, government policies, practical issues, industrial fieldworks and comparative studies. The study is very detailed and unique, and presents a fresh, holistic and international study of the contexts and specifics of China's innovation policies, intellectual property strategies and industrial development trends, which as a whole, may remain largely unknown. Western readers who are interested in China's knowledge-based economy should not miss out on this authoritative book.'- Liu Chuntian, President, China Intellectual Property Law Society, Dean of Intellectual Property School, Renmin University of China, BeijingChina is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of 'insiders' perspectives' from China, with the analysis of international scholars.With contributions from leading authors - including Dr Kong Xiangjun, President of the Intellectual Property Tribunal at the Supreme People's Court of China this book is the first comprehensive response to a highly controversial and largely under-developed field of inquiry. It seeks to unveil and understand the complexities and challenges that confront China's innovation economy, setting out the cultural and historical context, the strategies that form the basis for this evolution, and the measures China has at its disposal to protect intellectual property.The book will be hugely valuable to all those who have interest in China s development, and seek to understand the likely path of China's future economic models and legal reforms. Offering a holistic perspective combining global, domestic and cultural-historical spectrums, it will also prove a key resource for Intellectual property scholars and lawyers.Contributors: Z. Deng, X. Feng, S. Grimes, P.S.Hofman, M. Keane, X. Kong, A. Newman, K.Shao, W. Shi, L. Yang, P.K.Yu, Z. Zhang, D.U. WeikeTrade Review'This book shows clearly that the Chinese IPR law is at the service to the ascension of Chinese high-tech industries and its building up of innovation capacity. The Chinese culture and history, in this context, sounds much like a justification to the proactive Chinese industrial policies that guiding the Great Leap Forward of Innovation.' --Cairn.info'This innovative book is essential reading for those who are interested in China's IP and innovation strategies. A lot has been written about China's IP laws and their rapid evolution over the last two decades. China is also developing a national innovation strategy and the substantial merit of this book is that it offers an in-depth analysis of both those elements and, even more importantly, of the way in which they interact. That latter aspect is needed, but found rarely.' --Paul Torremans, University of Nottingham, UK'Academics, researchers and intellectual property lawyers - whether involved directly or indirectly with clients doing business in China - will find this timely publication with its 'insider perspectives' eminently useful.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Forward Graham Dutfield 1. The Cores and Contexts of China’s 21st-century National Innovation System Ken Shao 2. Roadmaps of China’s National-level Intellectual Property Strategy Outline Zhang Zhicheng 3. Implementations of China’s Rejuvenation through Knowledge Yang Lihua 4. Challenges to China’s Self-driven Innovation and Intellectual Property Practice Feng Xiaoqing 5. Efforts and Tendencies in China’s Judicial Practice of Intellectual Property Kong Xiangjun and Du Weike 6. The Cluster Effect in China: Real or Imagined? Michael Keane 7. Determinants of Product Innovation in Chinese Private Small and Medium-Sized Enterprises Peter S. Hofman, Alexander Newman and Ziliang Deng 8. Foreign R&D in China: an Evolving Innovation Landscape Seamus Grimes 9. Intellectual Property, Innovation, and the Ladder of Development: Experience of Developed Countries for China Wei Shi 10. The International Enclosure of China’s Innovation Space Peter K. Yu Index

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Book SynopsisConstructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved.This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.Contributors: C. Archambeau, R. D'Erme, E. Derclaye, T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H. Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A. Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L. McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J. Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen, T. Takenaka, G. Van Overwalle, M. VivantTrade Review'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities - substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' --Graeme B. Dinwoodie, University of Oxford, UK'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' --Lionel Bently, University of Cambridge, UKTable of ContentsContents: Introduction PART I: ASSESSING THE EUROPEAN INTELLECTUAL PROPERTY SYSTEM Section 1: IP and European Construction 1. The Construction of Intellectual Property in the European Union: Searching for Coherence Christophe Geiger 2. Pruning the European Intellectual Property Tree: In Search of Common Principles and Roots Séverine Dusollier Section 2: The European Legal Framework 3. The Legal Framework of the Legislative Activity Concerning Intellectual Property Rights at European Regional Level Vincenzo Scordamaglia 4. Fundamental Rights and European IP Law: The Case of Art 17(2) of the EU Charter Jonathan Griffiths and Luke McDonagh 5. Intellectual Property and Competition Law in the Information Society Tuomas Mylly PART II: DEVELOPING THE EUROPEAN IP SYSTEM Section 3: Trademarks and Geographical Indications at EU Level 6. Evaluation of the Functioning of the EU Trademark System: The Trademark Study Annette Kur 7. Adapting EU Trademark Law to New Technologies: Back to Basics? Martin Senftleben 8. The Simplification and Codification of European Legislation for the Protection of Geographical Indications Gail Elizabeth Evans Section 4: Patents and Plant Variety Protection 9. Constructing an Efficient and Balanced European Patent System: ‘Muddling Through’ Jens Schovsbo 10. Smart Innovation and Inclusive Patents for Sustainable Food and Health Care: Redefining the Europe 2020 Objectives Geertrui Van Overwalle 11. Construction of an Efficient and Balanced Patent System: Patentability and Patent Scope of Isolated DNA Sequences Under US Patent Act and EU Biotech Directive Jan Krauss and Toshiko Takenaka Section 5: Copyright Protection in the EU 12. The Dynamics of Harmonization of Copyright at the European Level P. Bernt Hugenholtz 13. The Wittem Project of a European Copyright Code Thomas Dreier 14. Consume and Share: Making Copyright Fit for the Digital Agenda Marco Ricolfi Section 6: Databases, Design Protection, Unfair Competition and/or New IP Rights in the EU 15. Unfair Competition: Complementary or Alternative to Intellectual Property in the EU? Anselm Kamperman Sanders 16. Database Rights: Success or Failure? The Chequered Yet Exciting Journey of Database Protection in Europe Estelle Derclaye 17. Function, Art and Fashion: Do We Need the EU Design Law? Uma Suthersanen Section 7: IP Enforcement in the EU 18. IP Enforcement in Europe: Acquis and Future Plans Jacques Raynard 19. The Impact of the Anti-Counterfeiting Trade Agreement on the Legal Framework for IP Enforcement in the European Union Roberto D’Erme, Christophe Geiger, Henning Grosse Ruse-Khan, Christian Heinze, Thomas Jaeger, Rita Matulionyte and Axel Metzger 20. Checks and Balances in the Intellectual Property Enforcement Field: Reconstructing EU Trade Agreements Xavier Seuba Section 8: Making the European IP System Work: Further Steps to Take Raimund Lutz, Christian Archambeau and Michel Vivant Index

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Book SynopsisThis detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.Trade ReviewAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica). --- Catherine Rhodes, The University of Manchester, UKTable of ContentsContents: 1. Introduction 2. Antarctica 3. Outer Space and Planetary Objects 4. Seas and Oceans 5. Genetic Resources within the Jurisdiction of Nation States 6. Plant Genetic Resources for Food and Agriculture 7. Human Pandemic Influenza Virus 8. Observations and Conclusions Bibliography Index

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Book SynopsisOn the heels of his earlier work Medical Patent Law - The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his 'treatment' of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose's latest work to be invaluable.'- Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot'This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.'- Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia'The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale.'- Paul Torremans, University of Nottingham, UKThis well-researched book explores in detail the issue of patenting medical and genetic diagnostic methods in the United States.It examines decisions of the Patent Office Boards of Appeal and the early courts on the question of whether medical treatments were eligible for patent protection under section 101 of the Patents Act. It then traces the legislative history of the Medical Procedures and Affordability Act that provided immunity for physicians from patent infringement suits. After considering the Supreme Court's jurisprudence on patent eligibility, the book then comprehensively sets out how the Federal Circuit and the Supreme Court have dealt with the issue, paying close attention to the Supreme Court's recent decision in Bilski and Prometheus.Being the first book to comprehensively cover patenting medical methods, it will appeal to patent agents, patent attorneys, solicitors and barristers working in patent and medical law worldwide, medical practitioners and healthcare professionals, in-house legal and regulatory departments of pharmaceutical companies. Researchers and managers in the chemical, medical, pharmaceutical and biotechnology industries, as well as academics specializing in medical law or patent law, will also find much to interest them in this book.Contents: Preface 1. Introduction 2. Initial Determination 3. Legislative Intervention 4. Patent-Eligibility 5. Consideration by the Federal Circuit 6. Consideration by the Supreme Court 7. Conclusions Bibliography IndexTrade Review‘On the heels of his earlier work Medical Patent Law – The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his “treatment” of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose’s latest work to be invaluable.’ -- Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot‘This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.’ -- Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia‘The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale. . .’ -- Paul Torremans, University of Nottingham, UK‘For researchers, the tables of cases and of national and international legislation are particularly useful and of course, there’s a host of handy references to be gleaned from the bibliography and the footnotes throughout. For anyone involved in intellectual property, medical law or patents, this book should be considered an essential purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. Introduction 2. Initial Determination 3. Legislative Intervention 4. Patent-Eligibility 5. Consideration by the Federal Circuit 6. Consideration by the Supreme Court 7. Conclusions Bibliography Index

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Book SynopsisThis book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries.Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations.Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.Trade Review'A much-referenced work. . . remains one of the few books with a broad social sciences perspective on current conflicts over intellectual property policy, with a focus on the national level set within the context of shifting global patterns.' -- Intellectual Property Watch'We know much more about the global politics of intellectual property than we do about national political contests over the ownership of knowledge. Haunss and Shadlen have identified this gap in the literature and have done a fine job of bringing together a set of essays that helps to fill this gap in our understanding of the multi-layered nature of intellectual property politics.' -- Peter Drahos, The Australian National University, Canberra'This thought-provoking volume provides invaluable new insights and is a major contribution to the debate on the politics of intellectual property rights.' -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Introduction: Rethinking the Politics of Intellectual Property Sebastian Haunss and Kenneth C. Shadlen 2. The Post-TRIPS Politics of Patents in Latin America Kenneth C. Shadlen 3. The Politics of Patents: Conditions of Implementation of Public Health Policy in Thailand Gaëlle Krikorian 4. Illicit Seeds: Intellectual Property and the Underground Proliferation of Agricultural Biotechnologies Ronald J. Herring and Milind Kandlikar 5. Who Speaks for the Tribe? The Arogyapacha Case in Kerala Sabil Francis 6. Lobbying or Politics? Political Claims Making in IP Conflicts Sebastian Haunss and Lars Kohlmorgen 7. Can Patent Legislation Make a Difference? Bringing Parliaments and Civil Society into Patent Governance Ingrid Schneider 8. Intellectual Property Rights in the Digital Movie Industry: Contemporary Political Conflicts in Germany Lars Bretthauer 9. Who Benefits? An Empirical Analysis of Australian and US Patent Ownership Hazel V.J. Moir 10. Timing, Continuity, and Change in the Patent System Sivaramjani Thambisetty Index

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Book SynopsisFew changes in the world of intellectual property (IP) have been as transformative as the advent and proliferation of digital content works. The high value of these works in modern society has prompted calls for new IP standards to promote the protection - and the sharing - of such valuable assets. Table of ContentsContents: Volume I Acknowledgements Introduction Richard S. Gruner PART I RETHINKING IP FRAMEWORKS IN A DIGITAL AGE 1. Pamela Samuelson (1996), ‘The Quest for Enabling Metaphors for Law and Lawyering in the Information Age’ 2. Peter S. Menell (1994), ‘The Challenges of Reforming Intellectual Property Protection for Computer Software’ 3. Raymond T. Nimmer (2011), ‘Information Wars and the Challenges of Content Protection in Digital Contexts’ PART II COPYRIGHTS AND DIGITAL CONTENT 4. Mark Stefik (1997), ‘Shifting the Possible: How Trusted Systems and Digital Property Rights Challenge Us to Rethink Digital Publishing’ 5. Jessica Litman (2004), ‘Sharing and Stealing’ 6. Julie E. Cohen (2000), ‘Copyright and the Perfect Curve’ 7. Paul Goldstein (1986), ‘Infringement of Copyright in Computer Programs’ 8. David McGowan (2001), ‘Legal Implications of Open-Source Software’ 9. Ann Bartow (2001), ‘Libraries in a Digital and Aggressively Copyrighted World: Retaining Patron Access through Changing Technologies’ 10. Jane C. Ginsburg (2008), ‘Separating the Sony Sheep from the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs’ 11. Pamela Samuelson (2010), ‘Google Book Search and the Future of Books in Cyberspace’ PART III TRADEMARKS AND DIGITAL CONTENT 12. Dan L. Burk (1998), ‘Trademark Doctrines for Global Electronic Commerce’ 13. Stacey L. Dogan and Mark A. Lemley (2004), ‘Trademarks and Consumer Search Costs on the Internet’ 14. J. Thomas McCarthy (2000), ‘Trademarks, Cybersquatters and Domain Names’ 15. Carl Oppedahl (1997), ‘Remedies in Domain Name Lawsuits: How is a Domain Name Like a Cow?’ 16. Maureen A. O’Rourke (1997–1998), ‘Defining the Limits of Free-Riding in Cyberspace: Trademark Liability for Metatagging’ 17. Jennifer E. Rothman (2005), ‘Initial Interest Confusion: Standing at the Crossroads of Trademark Law’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I PATENTS AND DIGITAL CONTENT 1. Bradford L. Smith and Susan O. Mann (2004), ‘Innovation and Intellectual Property Protection in the Software Industry: An Emerging Role for Patents?’ 2. Donald S. Chisum (1986), ‘The Patentability of Algorithms’ 3. Jay Dratler, Jr. (2003), ‘Does Lord Darcy Yet Live? The Case Against Software and Business-Method Patents’ 4. Dan L. Burk and Mark A. Lemley (2005), ‘Designing Optimal Software Patents’ 5. Richard S. Gruner (2003), ‘Everything Old is New Again: Obviousness Limitations on Patenting Computer Updates of Old Designs’ 6. John R. Allison and Ronald J. Mann (2007), ‘The Disputed Quality of Software Patents’ 7. John R. Allison, Abe Dunn and Ronald J. Mann (2007), ‘Software Patents, Incumbents, and Entry’ 8. Stuart J.H. Graham, Robert P. Merges, Pam Samuelson and Ted Sichelman (2009), ‘High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey’ PART II OTHER PROTECTIONS FOR IP IN DIGITAL CONTENT 9. Victoria A. Cundiff (2009), ‘Reasonable Measures to Protect Trade Secrets in a Digital Environment’ 10. Dan L. Burk (2000), ‘The Trouble With Trespass’ 11. Kristen Osenga (2009), ‘Information May Want to Be Free, but Information Products Do Not: Protecting and Facilitating Transactions in Information Products’ 12. Peter K. Yu (2006), ‘Anticircumvention and Anti-Anticircumvention’ 13. Irina D. Manta (2011), ‘The Puzzle of Criminal Sanctions for Intellectual Property Infringement’ 14. Shubha Ghosh (2009), ‘Open Borders, Intellectual Property and Federal Criminal Trade Secret Law’ PART III FUTURE CULTURAL AND BUSINESS INFLUENCES 15. Lawrence Lessig (2006), ‘Re-Crafting a Public Domain’ 16. R. Polk Wagner (2003), ‘Information Wants to Be Free: Intellectual Property and the Mythologies of Control’ 17. Olufunmilayo B. Arewa (2010), ‘YouTube, UGC, and Digital Music: Competing Business and Cultural Models in the Internet Age’ 18. Yochai Benkler (2002), ‘Coase’s Penguin, or, Linux and The Nature of the Firm’ 19. Robert P. Merges (2008), ‘The Concept of Property in the Digital Era’

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Book SynopsisIntellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful title consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.Trade Review‘Mossoff has compiled a rich collection of the best law journal articles involving various aspects of the increasingly complex domain of intellectual property rights. In a digital age where words, art, photographs, videos, ad music are now "shared" at increasingly viral speeds, Mossoff's Intellectual Property and Property Rights provides communication professors and lecturers with valuable classroom teaching tools, supported by intriguing real-world cases, for helping their students understand what can fairly be used.’Table of ContentsContents: Acknowledgements Introduction Adam Mossoff PART I PROPERTY THEORY AND INTELLECTUAL PROPERTY RIGHTS A. Descriptive and Normative Accounts of "Intellectual Property" as Property 1. Lawrence C. Becker (1993), ‘Deserving to Own Intellectual Property’ 2. Frank H. Easterbrook (1990), ‘Intellectual Property is Still Property’ 3. Richard A. Epstein (2001), ‘Intellectual Property: Old Boundaries and New Frontiers’ 4. Wendy J. Gordon (1993), ‘A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property’ 5. Robert P. Merges (2008), ‘The Concept of Property in the Digital Era’ 6. Henry E. Smith (2007), ‘Intellectual Property as Property: Delineating Entitlements in Information’ B. Copyright 7. Justin Hughes (2006), ‘Copyright and Incomplete Historiographies: Of Piracy, Propertization, and Thomas Jefferson’ 8. Richard A. Epstein (2005), ‘Liberty Versus Property? Cracks in the Foundations of Copyright Law’ 9. Christopher M. Newman (2011), ‘Transformation in Property and Copyright’ C. Patents 10. Adam Mossoff (2007), ‘Who Cares What Thomas Jefferson Thought About Patents? Reevaluating the Patent “Privilege” in Historical Context’ 11. F. Scott Kieff (2001), ‘Property Rights and Property Rules for Commercializing Inventions’ 12. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ D. Trademarks 13. Mark P. McKenna (2006-2007), ‘The Normative Foundations of Trademark Law’ E. Trade Secrets 14. Robert G. Bone (1998), ‘A New Look at Trade Secret Law: Doctrine in Search of Justification’ 15. Eric R. Claeys (2011), ‘Private Law Theory and Corrective Justice in Trade Secrecy’ PART II THE PROPERTY-BASED CRITIQUE OF INTELLECTUAL PROPERTY 16. Tom G. Palmer (1990), ‘Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects’ 17. Tom W. Bell (2008), ‘Copyright as Intellectual Property Privilege’

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Book SynopsisInternational Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries. The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries. This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners - including members of leading international NGOs, international lawyers, political scientists and international development specialists.Contributors: Y. Akyüz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu IIITrade Review'This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.' -- Michael Trebilcock, University of Toronto, Canada'The volume has much to offer the student of globalisation, whether lawyer, economist or policy-maker, for in the aggregate the essays make a significant contribution to the literature on the subject.' -- David A. Gantz, International Trade Law and Regulation'This book is an excellent choice for academic libraries collecting in international law. International development and globalization are hot topics that will become ever more popular as the world's economies become increasingly intertwined. A broad variety of topics are touched upon, since economic growth relates to many aspects of development, making the book appealing to many researchers of international law.' -- AALL SpectrumTable of ContentsContents: 1. Introduction Julio Faundez and Celine Tan 2. International Economic Law and Development: Before and After Neo-Liberalism Julio Faundez 3. Multilateral Disciplines and the Question of Policy Space Yilmaz Akyüz 4. Assessing International Financial Reform Daniel Bradlow 5. Crisis and Opportunity: Emerging Economies and the Financial Stability Board Enrique R. Carrasco 6. The New Disciplinary Framework: Conditionality, New Aid Architecture and Global Economic Governance Celine Tan 7. Taxing Constraints on Developing Countries and the Global Economic Recession David Salter 8. The World Trade Organization and the Turbulent Legacy of International Economic Law-making in the Long Twentieth Century Fiona Macmillan 9. Holistic Approaches to Development and International Investment Law: The Role of International Investment Agreements Peter Muchlinski 10. Human Rights and Transnational Corporations: Establishing Meaningful International Obligations James Harrison 11. Core Labour Standards Conditionalities: A Means by Which to Achieve Sustainable Development? Tonia Novitz 12. Developing Countries and International Competition Law and Policy Kathryn McMahon 13. Does the Globalization of Anti-Corruption Law Help Developing Countries? Kevin E. Davis 14. Intellectual Property, Development Concerns and Developing Countries Pedro Roffe 15. Biotechnology and the International Regulation of Food and Fuel Security in Developing Countries Mary E. Footer 16. Environment and Development – The Missing Link Philippe Cullet 17. The UN Climate Change Convention and Developing Countries: Towards Effective Implementation Vicente Paolo B. Yu III Bibliography Index

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Book SynopsisThis topical volume brings together seminal papers which explore the interplay of intellectual property, innovation and environmental protection. It traces the emergence of intellectual property as an environmental protection policy lever and examines the interaction of market failures at the intersection of technological progress and environmental protection. Further, it discusses concerns that have been raised about the use of proprietary rights in the service of environmental protection. Finally it considers alternatives to intellectual property, such as subsidies and prizes, which seek to encourage advances in environmental protection technologies.With an original introduction by the editors, this important collection will be of interest to students, scholars and practitioners working in the field of intellectual property, innovation and the environment.Trade Review‘Although environmental law and intellectual property rights are often considered quite distinct, they are rapidly becoming united because of the urgent need for technological innovation in order to address major environmental problems such as climate change. The materials collected in this book provide the foundations for this growing area of research.’ -- Daniel Farber, University of California, Berkeley, USTable of ContentsContents: Acknowledgements Introduction Peter Menell and Sarah Tran PART I HISTORICAL PERSPECTIVE: PROMOTING INNOVATION IN POLLUTION CONTROL THROUGH REGULATION AND MARKET-BASED INSTRUMENTS 1. D. Bruce La Pierre (1977), ‘Technology-Forcing and Federal Environmental Protection Statutes’ 2. Richard B. Stewart (1981), ‘Regulation, Innovation, and Administrative Law: A Conceptual Framework’ 3. Bruce A. Ackerman and Richard B. Stewart (1987), ‘Reforming Environmental Law: The Democratic Case for Market Incentives’ PART II INTELLECTUAL PROPERTY AS AN ENVIRONMENTAL POLICY TOOL: CONCEPTUAL FOUNDATIONS 4. Adam B. Jaffe, Richard G. Newell and Robert N. Stavins (2005), ‘A Tale of Two Market Failures: Technology and Environmental Policy’ PART III USING INTELLECTUAL PROPERTY TO PROMOTE ENVIRONMENTAL PROTECTION 5. Michael A. Gollin (1991), ‘Using Intellectual Property to Improve Environmental Protection’ 6. Natalie M. Derzko (1996), ‘Using Intellectual Property Law and Regulatory Processes to Foster the Innovation and Diffusion of Environmental Technologies’ 7. Sarah Tran (2012), ‘Expediting Innovation’ PART IV INTELLECTUAL PROPERTY AND CONCERNS ABOUT DIFFUSION OF IMPROVED ENVIRONMENTAL PROTECTION TECHNOLOGIES 8. Joshua D. Sarnoff (2011), ‘The Patent System and Climate Change’ 9. Jorge L. Contreras (2012), ‘Standards, Patents, and the National Smart Grid’ 10. John H. Barton (2007), ‘Intellectual Property and Access to Clean Energy Technologies in Developing Countries: An Analysis of Solar Photovoltaic, Biofuel and Wind Technologies’ 11. Eric L. Lane (2010), ‘Keeping the LEDs On and the Electric Motors Running: Clean Tech in Court after eBay’ 12. Eric Lane (2010), ‘Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered by Intellectual Property Rights’ 13. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’ 14. Jason R. Wiener (2006), ‘Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and Economic Modality for the Dissemination of Renewable Energy Technology’ PART V COMPLEMENTS AND ALTERNATIVES TO INTELLECTUAL PROPERTY FOR STIMULATING ADVANCES IN ENVIRONMENTAL PROTECTION TECHNOLOGIES 15. Jonathan H. Adler (2011), ‘Eyes on a Climate Prize: Rewarding Energy Innovation to Achieve Climate Stabilization’ 16. Gary E. Marchant (2009), ‘Sustainable Energy Technologies: Ten Lessons from the History of Technology Regulation’

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Book SynopsisIntellectual Property at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonization in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.Contributors include: M. Barczewski, D. Beldiman, I. Calboli, J. de Werra, J. Drexl, C. Geiger, G. Mazziotti, C.R. McManis, J. Pelletier, I. Stamatoudi, S. Sykuna, P. Torremans, G. WestkampTable of ContentsContents: Foreword PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW 1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons to be Learned for WTO/TRIPS? Josef Drexl 2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans 3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp 4. An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli 5. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra 6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman 7. Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects Giuseppe Mazziotti PART II: ASPECTS OF THE ANTI-COUNTERFEITING TRADE AGREEMENT 8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger 9. Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA) Charles R. McManis and John S. Pelletier 10. ACTA, Internet Service Providers and the Acquis Communautaire Irini Stamatoudi 11. ACTA and Access to Medicines in the Perspective of Theory of Hard Cases Maciej Barczewski and Sebastian Sykuna Index

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Book SynopsisMark Abell's book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.'- Graham Cunningham, Barrister, HardwickeKey features of this detailed and insightful work include:- Practical analysis from a leading authority in the field of franchising.- Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU.- Comparative legal analysis of the law of England, Germany, France, the US and Australia.- Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author.- A draft text for the proposed directive.The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over 215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem.The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations.This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.Contents: 1. Introduction 2. Deconstructing the Contextualisation, Architecture, Rationale and Risks of Franchising 3. Does the Contractual and Regulatory Environment Support and Promote Franchising? 4. identifying a Catalyst to Re-engineer the Regulatory Environment 5. Re-engineering the Regulatory Environment for Franchising in the EU 6. Conclusion Appendix 1: Proposed Draft Franchise Directive Appendix 2: Analysis of Franchise Agreements Appendix 3: Statutes of the 21 Countries Outside of the EU that have Franchise Specific Laws Appendix 4: European Franchise Associations and Membership Table of Statutes Table of Cases Bibliography IndexTrade Review‘Mark Abell’s book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.’ -- Graham Cunningham, Barrister, HardwickeTable of ContentsContents: Foreword 1. Introduction 2. Deconstructing the Contextualisation, Architecture, Rationale and Risks of Franchising 3. Does the Contractual and Regulatory Environment Support and Promote Franchising? 4. identifying a Catalyst to Re-engineer the Regulatory Environment 5. Re-engineering the Regulatory Environment for Franchising in the EU 6. Conclusion Appendices Bibliography Index

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Book SynopsisIntellectual Property and Agriculture addresses the important but largely neglected question of intellectual property's relationship to the production, processing, marketing, and circulation of agricultural inputs, products, and practices. This comprehensive literature review assesses the work of scholars from law, history, anthropology, science and technology studies, economics, and plant science on plants and plant genetic resources, late twentieth century international intellectual property agreements, and geographical indications of origin.Trade Review‘Coming in at almost two thousand pages and one hundred articles, it would be easy to see this collection as yet another reader - a snapshot of the state of the art of a field. But this is a big wolf in sheep's clothing, labeled as a collection about intellectual property and agriculture but using the literature on the topic to brilliantly question, and expand, what we mean by both “IP” and “agriculture”, and their relationship. The whole is much more than the sum of the parts - and there are many different parts contributed by scholars in law, anthropology, economics, environmental studies, history of science, and plant science. The relationship between intellectual property and agriculture will never look the same, or more interesting than this.’Table of ContentsVolume I Contents: Acknowledgements Introduction Brad Sherman and Susannah Chapman PART I FOOD SECURITY AND FOOD SOVEREIGNTY 1. Ola Tveitereid Westengen and Dan Banik (2016), ‘The State of Food Security: From Availability, Access and Rights to Food Systems Approaches’, Forum for Development Studies, 43 (1), 113–34 2. Marc Edelman (2014), ’Food Sovereignty: Forgotten Genealogies and Future Regulatory Challenges’, Journal of Peasant Studies: Global Agrarian Transformations, Volume 2: Critical Perspectives on Food Sovereignty, 41 (6), 959–78 3. David Nally (2011), ‘The Biopolitics of Food Provisioning’, Transactions of the Institute of British Geographers, 36 (1), January, 37–53 PART II COLLECTING, BREEDING AND CIRCULATING 4. Staffan Müller-Wille (2003), ‘Nature as a Marketplace: The Political Economy of Linnaen Botany’, History of Political Economy, 35 (Supplement), December, 154–72 5. Lucile H. Brockway (1979), ‘Science and Colonial Expansion: The Role of the British Royal Botanic Gardens’, American Ethnologist, 6 (3), August, 449–65 6. W. M. Hays (1905), ‘Distributing Valuable New Varieties and Breeds’, Journal of Heredity, 1 (1), January, 58–65 7. Willet M. Hays (1906), ‘American Work in Breeding Plants and Animals’, Journal of Heredity, 2 (1), January, 155–67 8. Berris Charnley (2013), ‘Seeds Without Patents: Science and Morality in British Plant Breeding in the Long Nineteenth-Century’, Revue économique, 64 (1), January, 69–88 9. Paolo Palladino (1994), ‘Wizards and Devotees: On the Mendelian Theory of Inheritance and the Professionalization of the Agricultural Science in Great Britain and the United States, 1880–1930’, History of Science, 32 (4), December, 409–44 10. Jack Kloppenburg, Jr. and Daniel Lee Kleinman (1987), ‘The Plant Germplasm Controversy: Analyzing Empirically the Distribution of the World’s Plant Genetic Resources’, BioScience, 37 (3), March, 190–98 11. Cary Fowler and Toby Hodgkin (2004), ‘Plant Genetic Resources for Food and Agriculture: Assessing Global Availability’, Annual Review of Environment and Resources, 29, November, 143–79 12. David Nally and Stephen Taylor (2015), ‘The Politics of Self-Help: The Rockefeller Foundation, Philanthropy and the ‘Long’ Green Revolution’, Political Geography, 49, November, 51–63 13. Prabhu L. Pingali (2012), ‘Green Revolution: Impacts, Limits, and the Path Ahead’, Proceedings of the National Academy of Sciences (PNAS), 109 (31), July, 12302–308 14. Paul W. Heisey, John L. King and Kelly Day Rubenstein (2005), ‘Patterns of Public Sector and Private-Sector Patenting in Agricultural Biotechnology’, AgBioForum, Special Issue: Innovation and Dynamic Efficiency in Agricultural Biotechnology, 8 (2–3), 73–82 PART III SITUATING AGRICULTURAL INTELLECTUAL PROPERTY 15. Garden and Forest (1890), ‘Protection for Originators of New Plants’, Scientific American, 63 (7), August 16th, 105 16. Daniel J. Kevles (2007), ‘Patents, Protections, and Privileges: The Establishment of Intellectual Property in Animals and Plants’, Isis, 98 (2), June, 323–31 17. Glenn E. Bugos and Daniel J. Kevles (1992), ‘Plants as Intellectual Property: American Practice, Law, and Policy in World Context’, Osiris: Science after ‘40, 7 (1), 74–104 18. Richard C. Lewontin (1998), ‘The Maturing of Capitalist Agriculture: Farmer as Proletarian’, Monthly Review, 50 (3), July–August, 72–84 19. Thom van Dooren (2008), ‘Inventing Seed: The Nature(s) of Intellectual Property in Plants’, Environment and Planning D: Society and Space, 26 (4), August, 676–97 20. Brad Sherman (2008), ‘Taxonomic Property’, Cambridge Law Journal, 67 (3), November, 560–84 21. Bronwyn Parry (2012), ‘Taxonomy, Type Specimens, and the Making of Biological Property in Intellectual Property Rights Law’, International Journal of Cultural Property, Special Issue: Intangible Property at the Periphery: Expanding Enclosure in the 21st Century, 19 (3), August, 251–68 PART IV AGRICULTURAL INTELLECTUAL PROPERTY REIMAGINED 22. Knowles A. Ryerson (1933), ‘History and Significance of the Foreign Plant Introduction Work of the United States Department of Agriculture’, Agricultural History, 7 (3), July, 110–28 23. Lyman Carrier (1937), ‘The United States Agricultural Society, 1852–1860: Its Relation to the Origin of the United States Department of Agriculture and the Land Grant Colleges’, Agricultural History, 11 (4), October, 278–88 24. A. F. Kelly and J. D. C. Bowring (1990), ‘The Development of Seed Certification in England and Wales’, Plant Varieties and Seeds, 3 (3), 139–50 25. Kathy J. Cooke (2002), ‘Expertise, Book Farming, and Government Agriculture: The Origins of Agricultural Seed Certification in the United States’, Agricultural History, 76 (3), Summer, 524–45 26. Guntra A. Aistara (2014), ‘Actually Existing Tomatoes: Politics of Memory, Variety and Empire in Latvian Struggles over Seeds’, Focaal: Seeds – Grown, Governed, and Contested, 69, June, 12–27 27. Tamara Wattnem (2016), ‘Seed Laws, Certification and Standardization: Outlawing Informal Seed Systems in the Global South’, Journal of Peasant Studies, 43 (4), 850–67 28. D. D. Ellis, K. A. Garland-Campbell, J. A. Grotenhuis, M. M. Jenderek and J. F. Pedersen (2010), ‘Crop Registration: The Pathway to Public Access of Plant Genetic Materials to Build Crops for the Future’, Crop Science, 50 (4), July, 1151–60 29. Kara W. Swanson (2011), ‘Food and Drug Law as Intellectual Property Law: Historical Reflections’, Wisconsin Law Review, 2011 (2), 331–97 30. Lodo Lodi (1977), ‘Usage, Practices and Contracts for the Distribution of New Plant Varieties’, UPOV Newsletter, 10, 5–12 31. O. F. Cook (1925), ‘Cotton Improvement Laws in California’, Journal of Heredity, 16 (9), September, 335–38 PART V NON-STATE AGRICULTURAL INTELLECTUAL PROPERTY 32. Chidi Oguamanam (2013), ‘Open Innovation in Plant Genetic Resources for Food and Agriculture’, Chicago-Kent Journal of Intellectual Property, 13 (1), 11–50 33. Jack Kloppenburg (2010), ‘Impeding Dispossession, Enabling Repossession: Biological Open Source and the Recovery of Seed Sovereignty’, Journal of Agrarian Change, 10 (3), July, 367–88 34. Jack Kloppenburg (2014), ‘Re-purposing the Master’s Tools: The Open Source Seed Initiative and the Struggle for Seed Sovereignty’, Journal of Peasant Studies: Global Agrarian Transformations, Volume 2: Critical Perspectives on Food Sovereignty, 41 (6), 1225–46 35. Katharine A. Legun (2015), ‘Club Apples: A Biology of Markets Built on the Social Life of Variety’, Economy and Society, 44 (2), 293–315 36. Stanley P. Kowalski and R. David Kryder (2002), ‘Golden Rice: A Case Study in Intellectual Property Management and International Capacity Building’, Risk: Health, Safety and Environment, 13 (1), Spring, 47–67 37. Deborah Fitzgerald (1993), ‘Farmers Deskilled: Hybrid Corn and Farmers’ Work’, Technology and Culture, 34 (2), April, 324–43 38. Stephen Hubicki and Brad Sherman (2005), ‘The Killing Fields: Intellectual Property and Genetic Use Restriction Technologies’, UNSW Law Journal, 28 (3), November, 740–57 PART VI AGRICULTURAL INTELLECTUAL PROPERTY ACROSS DIFFERENT INDUSTRIES 39. Debra L. Blair (1999), ‘Intellectual Property Protection and its Impact on the U.S. Seed Industry’, Drake Journal of Agricultural Law, 4 (1), Spring, 297–330 40. Suresh Pal, Robert Tripp and Niels P. Louwaars (2007), ‘Intellectual Property Rights in Plant Breeding and Biotechnology: Assessing Impact on the Indian Seed Industry’, Economic and Political Weekly, 42 (3), January 20th, 231–40 41. Glenn E. Bugos (1992), ‘Intellectual Property Protection in the American Chicken-Breeding Industry’, Business History Review: High-Technology Industries, 66 (1), Spring, 127–68 42. James L. Luby and David S. Bedford (2015), ‘Cultivars as Consumer Brands: Trends in Protecting and Commercializing Apple Cultivars via Intellectual Property Rights’, Crop Science, 55 (6), November–December, 2504–10 43. Paul J. Heald and Susannah Chapman (2012), ‘Veggie Tales: Pernicious Myths about Patents, Innovation, and Crop Diversity in the Twentieth Century’, University of Illinois Law Review, 2012 (4), 1051–102 44. Vincent Moses (1982), ‘Machines in the Garden: A Citrus Monopoly in Riverside 1900–1936’, California History, 61 (1), April, 26–35 PART VII EMERGING ISSUES IN AGRICULTURAL INTELLECTUAL PROPERTY 45. Hannah Landecker (2011), ‘Food as Exposure: Nutritional Epigenetics and the New Metabolism’, BioSocieties, 6 (2), June, 167–94 Volume II Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I TRADE MARKS 1. Daniel J. Kevles (2013), ‘A Primer of A, B, Seeds: Advertising, Branding, and Intellectual Property in an Emerging Industry’, University of California, Davis, Law Review, 47 (2), December, 657–78 2. Milton E. Abramson (1956), ‘Cows, Brands and Trademarks’, Journal of the Patent Office Society, 38 (12), December, 861–65 3. Jay Sanderson (2016), ‘Health Conscious and Confused: Why ‘Healthy’ Trade Marks Matter to Consumers’, UNSW Law Journal, 39 (2), July, 658–83 PART II GEOGRAPHICAL INDICATIONS 4. Dev S. Gangjee (2017), ‘Proving Provenance? Geographical Indications Certification and its Ambiguities’, World Development, 98, October, 12–24 5. Rosemary J. Coombe and Nicole Aylwin (2011), ‘Bordering Diversity and Desire: Using Intellectual Property to Mark Place-Based Products’, Environment and Planning A, 43 (9), September, 2027–42 6. Sarah Bowen (2010), ‘Developing from Within? The Potential for Geographical Indications in the Global South’, Journal of World Intellectual Property, Special Issue: The Law and Economics of Geographical Indications, 13 (2), March, 231–52 7. Erica A. Farmer (2014), ‘Codifying Consensus and Constructing Boundaries: Setting the Limits of Appellation d’origine contrôlee Protection in Bourdeaux, France’, Political and Legal Anthropology Review, 37 (1), May, 126–44 8. Sarah Besky (2014), ‘The Labor of Terroir and the Terroir of Labor: Geographical Indication and Darjeeling Tea Plantations’, Agriculture and Human Values, 31 (1), March, 83–96 PART III PLANT PATENTS 9. Robert C. Cook (1931), ‘The First Plant Patent’, Journal of Heredity, 22 (10), October, 313–19 10. Alain Pottage and Brad Sherman (2007), ‘Organisms and Manufactures: On the History of Plant Inventions’, Melbourne University Law Review, 31 (2), 539–68 11. Cary Fowler (2000), ‘The Plant Patent Act of 1930: A Sociological History of its Creation’, Journal of the Patent and Trademark Office Society, 82 (9), 621–44 PART IV PLANT VARIETY PROTECTION 12. Noel J. Byrne (1983), ‘The Agritechnical Criteria in Plant Breeders’ Rights Law’, Industrial Property, 22 (10), October, 293–303 13. Jay Sanderson (2006), ‘Essential Derivation, Law and the Limits of Science’, Law in Context: Patent Law and Biological Inventions, 24 (1), December, 34–53 14. Michael S. Camlin (2003), ‘Plant Cultivar Identification and Registration – The Role for Molecular Techniques’, Acta Horticulturae, XXVI International Horticultural Congress: Biotechnology in Horticultural Crop Improvement: Achievements, Opportunities and Limitations, 625, September, 37–47 15. Jay Sanderson (2011), ‘Towards a (Limited) Cascading Right: What is the Appropriate Scope of Protection for Plant Breeding?’, UNSW Law Journal, 34 (3), November, 1104–21 16. Charles Lawson (2015), ‘The Breeder’s Exemption under UPOV 1991, the Convention on Biological Diversity and its Nagoya Protocol’, Journal of Intellectual Property Law and Practice, 10 (7), July, 526–35 17. Ross Kingwell and Alistair Watson (1998), ‘End-Point Royalties for Plant Breeding in Australia’, Agenda, 5 (3), 323–34 18. Noah Zerbe (2005), ‘Biodiversity, Ownership, and Indigenous Knowledge: Exploring Legal Frameworks for Community, Farmers, and Intellectual Property Rights in Africa’, Ecological Economics, 53 (4), June, 493–506 19. Chidi Oguamanam (2015), ‘Breeding Apples for Oranges: Africa’s Misplaced Priority over Plant Breeders’ Rights’, Journal of World Intellectual Property, 18 (5), September, 165–95 20. Pratibha Brahmi and Vijaya Chaudhary (2011), ‘Protection of Plant Varieties: Systems across Countries’, Plant Genetic Resources, 9 (3), August, 392–403 21. Emma Trustum-Behan and Charles Lawson (2016), ‘The Protection of Plant Varieties and Farmers Rights Act 2001 (In) and New Plant Varieties, Extant Varieties and Farmers’ Varieties: A New Form of Property?’, Australian Intellectual Property Journal, 27 (2), 73–87 22. Guntra A. Aistara (2012), ‘Privately Public Seeds: Competing Visions of Property, Personhood, and Democracy in Costa Rica’s Entry into CAFTA and the Union for Plant Variety Protection (UPOV)’, Journal of Political Ecology, 19 (1), 127–44 23. Rajeswari Kanniah (2005), ‘Plant Variety Protection in Indonesia, Malaysia, the Philippines and Thailand’, Journal of World Intellectual Property, 8 (3), May, 283–310 24. Mark D. Janis and Jay P. Kesan (2002), ‘U.S. Plant Variety Protection: Sound and Fury...?’, Houston Law Review: Symposium, 39 (3), 727–78 PART V UTILITY PATENTS 25. Edwin J. Prindle (1920), ‘The Farmer and the Patent System’, Journal of the Patent Office Society, 3, 113–22 26. Daniel J. Kevles (2015), ‘Inventions, Yes; Nature, No: The Products-of-Nature Doctrine from the American Colonies to the U.S. Courts’, Perspectives on Science, Special Issue on Gene Patenting, 23 (1), Spring, 13–34 27. Paul van der Kooij (2010), ‘Towards a Breeder’s Exemption in Patent Law?’, European Intellectual Property Review, 32 (11), 545–52 28. Richard H. Stern (2014), ‘Bowman v Monsanto: Exhaustion versus Making’, European Intellectual Property Review, 36 (4), January, 255–61 29. Drew L. Kershen (2004), ‘Of Straying Crops and Patent Rights’, Washburn Law Journal, 43 (3), Spring, 575–610 30. Gillian N. Rattray (2002), ‘The Enola Bean Patent Controversy: Biopiracy, Novelty, and Fish-and-Chips’, Duke Law and Technology Review, 1 (1), 1–7 31. Michael A. Kock and Floris ten Have (2016), ‘The ‘International Licensing Platform – Vegetables’: A Prototype of a Patent Clearing House in the Life Science Industry’, Journal of Intellectual Property Law and Practice, 11 (7), July, 496–515 32. William H. Phillips (1994), ‘Making a Business of It: The Evolution of Southern Cotton Gin Patenting, 1831–1890’, Agricultural History: Eli Whitney’s Cotton Gin, 1793–1993: A Symposium, 68 (2), Spring, 80–91 33. William Lesser (1994), ‘Royalty Collection for Patented Livestock’, European Intellectual Property Review, 16 (10), 441–44 34. Ashley Laine Cooper (2011), ‘Peanuts, Politics and the Plumpy’nut Patent’, European Intellectual Property Review, 33 (8), 481–89 PART VI COPYRIGHT, DESIGNS, TRADE SECRETS 35. Jacob Strobel (2014), ‘Agriculture Precision Farming: Who Owns the Property of Information? Is it the Farmer, the Company who Helps Consults the Farmer on how to Use the Information Best, Or the Mechanical Company who Built the Technology Itself?’, Drake Journal of Agricultural Law, 19 (2), Summer, 239–56 36. Meredith G. Lawrence (2011), ‘Edible Plagiarism: Reconsidering Recipe Copyright in the Digital Age’, Vanderbilt Journal of Entertainment and Technology Law, 14 (1), Fall, 187–223 37. Mark D. Janis (2004), ‘Supplemental Forms of Intellectual Property Protection for Plants’, Bio-Science Law Review, Special Issue: Protection of Intellectual Property and Access to Plant Genetic Resources, 7 (1), 32–44 38. Peter K. Trzyna (1987), ‘Are Plants Protectable Under the Design Patent Act?’, Journal of the Patent and Trademark Office Society, 69 (9), 487–502 PART VII LATE-TWENTIETH CENTURY INTERNATIONAL AGREEMENTS 39. Gerard Downes (2004), ‘TRIPs and Food Security: Implications of the WTO’s TRIPs Agreement for Food Security in the Developing World’, British Food Journal, 106 (5), 366–79 40. Mohamed Ali Mekouar (2002), ‘Treaty Agreed on Agrobiodiversity: The International Treaty on Plant Genetic Resources for Food and Agriculture’, Environmental Policy and Law, 32 (1), December, 20–25 41. Cary Fowler (2004), ‘Regime Change: Plant Genetic Resources in International Law’, Outlook on Agriculture, 33 (1), March, 7–14 42. Michael Halewood, Elsa Andrieux, Léontine Crisson, Jean Rwihaniza Gapusi, John Wasswa Mulumba, Edmond Kouablan Koffi, Tashi Yangzome Dorji, Madan Raj Bhatta and Didier Balma (2013), ‘Implementing “Mutually Supportive” Access and Benefit Sharing Mechanisms under the Plant Treaty, Convention on Biological Diversity, and Nagoya Protocol’, Law, Environment and Development Journal, 9 (1), i–ii, 70–96 43. Cary Fowler, Geoffrey Hawtin, Rodomiro Ortiz, Masa Iwanaga and Jan Engles (2004), ‘The Question of Derivatives: Promoting Use and Ensuring Availability of Non-Proprietary Plant Genetic Resources’, Issues in Genetic Resources, 12, 7–26 44. Charles Lawson (2009), ‘Intellectual Property and the Material Transfer Agreement under the International Treaty on Plant Genetic Resources for Food and Agriculture’, European Intellectual Property Review, 31 (5), 244–54 45. Bart Van Vooren (2016), ‘Impact on the Food Industry of New EU Rules Implementing the Nagoya Protocol’, European Food and Feed Law Review, 11 (3), 220–25 46. Daniel F. Robinson and Miranda Forsyth (2016), ‘People, Plants, Place, and Rules: The Nagoya Protocol in Pacific Island Countries’, Geographical Research, Special Issue: Legal Geography, 54 (3), August, 324–35 PART VIII FARMERS’ RIGHTS, BIOPROSPECTING, AND BIOPIRACY 47. Craig Borowiak (2004), ‘Farmers’ Rights: Intellectual Property Regimes and the Struggle over Seeds’, Politics and Society, 32 (4), December, 511–43 48. Vandana Shiva (1993), ‘Farmers’ Rights, Biodiversity and International Treaties’, Economic and Political Weekly, 28 (14), April 3rd, 555–60 49. Stephen B. Brush (1999), ‘Bioprospecting the Public Domain’, Cultural Anthropology, 14 (4), November, 535–55 50. Paul J. Heald (2003), ‘The Rhetoric of Biopiracy’, Cardozo Journal of International and Comparative Law, 11 (2), 519–46 51. Karine Peschard (2017), ‘Seed Wars and Farmers’ Rights: Comparative Perspectives from Brazil and India’, Journal of Peasant Studies, 44 (1), 144–68 52. L. Slade Lee (2012), ‘Horticultural Development of Bush Food Plants and Rights of Indigenous People as Traditional Custodians – the Australian Bush Tomato (Solanum centrale) Example: A Review’, Rangeland Journal, 34 (4), 359–73 53. Henrietta Fourmile-Marrie (1999), ‘Bushtucker: Some Food for Thought’, Artlink, 19 (4), December, 34–37 54. Noah Zerbe (2007), ‘Contesting Privatization: NGOs and Farmers’ Rights in the African Model Law’, Global Environmental Politics, 7 (1), February, 97–116 55. Rene Salazar, Niels P. Louwaars and Bert Visser (2007), ‘Protecting Farmers’ New Varieties: New Approaches to Rights on Collective Innovations in Plant Genetic Resources’, World Development: Property Rights, Collective Action, and Local Conservation of Genetic Resources, 35 (9), September, 1515–28 Index

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Book SynopsisThere is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives.Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.Trade Review‘The complex relationship between human rights and intellectual property is maturing. This collection of articles published testifies to the blossoming of this relationship. It brings together some of the leading contributions in this area and deserves a place in the library of all those that take an interest in intellectual property and human rights.’ -- Paul Torremans, University of Nottingham, UK‘Helfer’s book will constitute a valuable asset in any IP or human rights library.’– Klaus D. Beiter, International Review of Intellectual Property and Competition LawTable of ContentsContents: Acknowledgements Introduction Laurence R. Helfer PART I REDISCOVERING THE HISTORICAL UNDERSTANDING OF CREATORS’ RIGHTS IN INTERNATIONAL INSTRUMENTS 1. Peter K. Yu (2007), ‘Reconceptualizing Intellectual Property Interests in a Human Rights Framework’ PART II CLARIFYING AMBIGUOUS OR UNDERDEVELOPED LEGAL NORMS 2. Laurence R. Helfer (2007), ‘Toward a Human Rights Framework for Intellectual Property’ 3. Audrey R. Chapman (2009), ‘Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and its Applications’ 4. Margaret Chon (2007), ‘Intellectual Property “From Below”: Copyright and Capability for Education’ 5. Graeme W. Austin and Amy G. Zavidow (2008), ‘Copyright Law Reform Through a Human Rights Lens’ 6. Hans Morten Haugen (2008), ‘Human Rights and TRIPS Exclusion and Exception Provisions’ 7. Christophe Geiger (2006), ‘“Constitutionalising” Intellectual Property Law? The Influence of Fundamental Rights on Intellectual Property in the European Union’ PART III ADVOCATING THE RECOGNITION OF NEW LEGAL NORMS 8. Rosemary J. Coombe (1998), ‘Intellectual Property, Human Rights and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity’ 9. Alicia Ely Yamin (2003), ‘Not Just A Tragedy: Access to Medications as a Right Under International Law’ 10. Molly Beutz Land (2009), ‘Protecting Rights Online’ 11. Henning Grosse Ruse-Khan (2009), ‘Time for a Paradigm Shift? Exploring Maximum Standards in International Intellectual Property Protection’ PART IV INSTITUTIONAL AND STRATEGIC ISSUES 12. Laurence R. Helfer (2004), ‘Regime Shifting: The TRIPS Agreement and New Dynamics of International Intellectual Property Lawmaking’ 13. Peter K. Yu (2012), ‘Intellectual Property and Human Rights in the Nonmultilateral Era’ 14. Lisa Forman (2008), ‘“Rights” and Wrongs: What Utility for the Right to Health in Reforming Trade Rules on Medicines?’ PART V CRITICAL OR CAUTIONARY PERSPECTIVES 15. Rochelle Cooper Dreyfuss (2010), ‘Patents and Human Rights: Where is the Paradox?’ 16. Laurence R. Helfer (2008), ‘The New Innovation Frontier? Intellectual Property and the European Court of Human Rights’ 17. Thomas W. Pogge (2005), ‘Human Rights and Global Health: A Research Program’

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Book SynopsisThe Research Handbook on Cross-Border Enforcement of Intellectual Property systematically analyzes the unique difficulties posed by cross-border intellectual property disputes in the modern world.The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution.Providing a comprehensive approach to cross-border enforcement, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.Contributors: E. Arezzo, S. Bariatti, M. Blakeney, A.F. Christie, T. Cook, P.A. De Miguel Asensio, F. Dessemontet, P. Ellis, V. Ferguson, C. Geiger, S. Hailing, N.H.B. H ng, T. Kono, M. Leaffer, T. Leepuangtham, S. Neumann, C.O.García-Castrillon, M. Schneider, I. Stamatoudi, P. Torremans, O. Vrins, P.K.YuTrade Review'As you might infer, the book offers practitioners much to contemplate on this very contemporary issue, which certainly impacts on a wide range of individual and corporate clients. If you are an IP practitioner, you need this book in your library.' --The Barrister MagazineTable of ContentsContents: PART I: NATIONAL AND REGIONAL ASSESSMENTS 1. Cross Border Enforcement of Intellectual Property Rights in U.S. Law Marshall Leaffer 2. Cross-Border Enforcement of Intellectual Property in China Shan Hailing 3. The Cross-Border Enforcement of Intellectual Property Rights in Thailand Tosaporn Leepuangtham 4. Cross-Border Enforcement of Intellectual Property: Japanese Law and Practice Toshiyuki Kono 5. Enforcement of Intellectual Property Rights in Vietnam Nguyễn Hồ Bích Hằng 6. Cross-Border Enforcement of Intellectual Property : The European Union Olivier Vrins and Marius Schneider 7. Cross-Border Enforcement of Intellectual Property : Africa Marius Schneider and Vanessa Ferguson PART II A PRIVATE INTERNATIONAL LAW PERSPECTIVE 8. Jurisdiction in Intellectual Property Cases Paul Torremans 9. Choice of Law in IP: Rounding off Territoriality Carmen Otero García-Castrillón 10. Recognition and Enforcement of Judgments: Recent Developments Pedro A. De Miguel Asensio 11. Ubiquitous and Multistate Cases Sophie Neumann 12. The Creation and Enforcement of Security Interests in Intellectual Property Rights: Choice-of-Law Issues Stefania Bariatti 13. Cross-Border Injunctions Paul Torremans PART III JUDGES AND ARBITRATORS 14. International Enforcement of Intellectual Property: the Approach of the English Courts Peter Ellis 15. The Specificity of Intellectual Property Arbitration François Dessemontet 16. Online Dispute Resolution – The Phenomenon of the UDRP Andrew F. Christie PART IV: SPECIAL ISSUES 17. Making Sense of Article 13 of the Enforcement Directive - Monetary Compensation for the Infringement of Intellectual Property Rights Trevor Cook 18. Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach Christophe Geiger 19. ACTA and Cross-Border Enforcement of Intellectual Property Michael Blakeney 20. Why are the Trips Enforcement Provisions Ineffective? Peter K. Yu 21. The Role of Internet Service Providers in Copyright Infringements on the Internet Under EU Law Irini Stamatoudi 22. Copyright Enforcement on the Internet in the European Union: Hyperlinks and Making Available Right Emanuela Arezzo Index

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Book SynopsisWritten by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.Trade Review‘Hennig Hartwig’s edited collection is a timely, highly informative and fundamental contribution to the academic debate on design rights in general, and the surrounding policies and divergent approaches taken to them in various jurisdictions, in particular. The breadth of topics and jurisdictions discussed, and the book’s depth of analysis, makes the Research Handbook on Design Law an invaluable addition to Elgar’s series and IP scholarship at large. It is an indispensable read for all those interested in gaining a wider and deeper understanding of all pertinent issues concerning design law, and it provides a springboard for further research and policy discussions in this exciting field of IP law.’ -- Marc D. Mimler, Queen Mary Journal of Intellectual Property‘The slant is more to the academic than to the practitioner but it has enough for both. If you want to know “what is the state of the law on design topic X”, this is the book for you. You will probably also find, as I did, that once you delve into one chapter you will find a wealth of information around the topic as well as on the question you originally asked. And you will no doubt wonder at some point, as you look at one of the many illustrations of some mundane design: “how on earth did that ever get registered”? The answers are all within.’ -- Douglas Campbell QC, Journal of Intellectual Property Law & Practice‘This is an excellent book for those who are seriously interested in design law. The contributions have been written by leading academics and practitioners in design law and together represent a treasure trove of cases, examples, good pieces of advice and detailed and high quality analyses of different aspects of design law. It is particularly refreshing that many of the contributors manage to include comparative perspectives. This book delivers on all the parameters and more so and it does so with flying colors.’ -- Jens Schovsbo, Nordiskt Immateriellt Rättsskydd‘The Research Handbook on Design Law addresses the need by collecting comparative studies of product designs authored by the world's leading practitioners and scholars. Topics are carefully selected by Dr. Henning Hartwig, a leading design law practitioner involved in the landmark decisions of the Court of Justice for European Union (CJEU), based on his extensive experience in litigating community and German design rights and other related rights for both German and US clients. Overall, it bridges academic theories and a practice strategy for procuring and enforcing multiple IP rights on product designs in the global market.’ -- Toshiko Takenaka, Journal of the Patent & Trademark Office Society‘In short, this book is an exceptional foray into the multifaceted world of designs and provides an invaluable source of scholarship for both practitioners, academics and policy-makers specialising in this fast-moving area of IP. It contributes to the current state of knowledge in this field and gives much material for further reflection.’ -- Gordon Humphreys, European Intellectual Property Review‘The book is at home on both an academic and a practitioner bookshelf and I’m sure will be an important and valuable work for many years to come.’ -- Rosie Burbridge, IPkat.com‘This work is based on the knowledge of how important every chapter is for deepening, but also for harmonizing international design law. In this respect, this book makes an essential contribution. These in-depth analyses are not only a very welcome help for daily practice but – particularly nowadays when preparing for a reform of the design law of the European Union – also of great value for the further development of this area of intellectual property law.’ -- Guido Kucsko, Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (originally published in German: translated by Henning Hartwig)‘This collection offers a highly readable collection of scholarship which is to be commended for getting to grips with the nitty gritty of difficult points of design law, and for its rich coverage of different jurisdictional perspectives. The Handbook offers an invaluable resource to readers looking to develop comparative perspectives. It also shines a light on a number of design law issues which have perhaps not received the attention in the literature that they deserve, as well as exploring still-evolving points of practice and the potential for novel interdisciplinary inputs. The collection is also rightly imbued throughout with a sustained interest and focus on the particularities and challenges of design law as a legal field which is very much centred upon the visual, and the inherent difficulties which arise as a result in design filing and in analysing, arguing and deciding design cases. Contributions are both practically useful and intellectually stimulating, and the collection is populated throughout with helpful illustrations – a must in any text dealing with design law.’ -- Jane Cornwell, Intellectual Property Quarterly'This book is both a practice-oriented and intellectually inspiring analysis of European, U.S. and international design law. Its chapters, written by practitioners and academics who are leading in this field, cover fundamental issues of practical importance, of doctrine and of policy.' -- Ansgar Ohly, Ludwig Maximilian University of Munich, Germany'Design law is perhaps the most conceptually challenging of all IP rights, sometimes and sometimes not co-existing with other IP rights. Trade marks, copyright and some patent law conceptions are all in the mix. This collection of chapters is remarkable. It illuminates the issues and how different laws and judicial decisions around the world have, in their various ways, struggled with the often inchoate or cloudy concepts behind legislation. And the book is also a pleasure to read. A must.' -- The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UKTable of ContentsContents: Introduction to the Research Handbook on Design Law xxiv Henning Hartwig PART I FOUNDATIONS 1. Requirements for Design Protection: Global Commonalities 2 Bernard Volken 2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30 Jason Du Mont/Mark D. Janis 3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of Words 77 David Musker PART II METHODOLOGICAL PERSPECTIVES 4. Reciprocity in European Design Law 119 Henning Hartwig 5. Design Rights and Designer’s Rights in the EU 169 Anna Tischner 6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita and Ex parte Kaufman 207 Margaret Polson PART III: ESTABLISHING AND ENFORCING PROTECTION 7. Protection of Designs on the Basis of Use 232 Estelle Derclaye 8. Claiming Priority under the Community Design Scheme 250 Henning Hartwig 9. Enforcing Design Rights throughout Europe 283 Annette Kur PART IV: CRITICAL ISSUES 10. Protection of Spare Parts in Design Law: A Comparative Law Analysis 304 Annette Kur and Ádám György 11. Design Protection for Graphical User Interfaces 345 Tracy-Gene G. Durkin 12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the Outcome Really Means 378 Henning Hartwig PART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS 13. International Design Law Policies: Present and Future 405 Robert Mirko Stutz 14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441 Alexander von Mühlendahl 15. Cross-border Copyright Protection in Europe 482 Uma Suthersanen 16. How Different is Different? Modern Neuroscience and its Impact on Design Law 507 Charles Lee Mauro and Christopher Daniel Morley Index 550

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Book SynopsisThis comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.'- Kirsten Anker, McGill University, Canada'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.'- Graham Dutfield, University of Leeds, UKTaking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP).In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change.Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.Contributors: F. Adcock, B.B. Arnold, S. Bannerman, J. Bannister, M. Barelli, A. Daly, J. de Beer, R. Dearn, D. Dylan, S. Gray, M. Hardie, S. Holcombe, T. Janke, C. Ncube, C. Oguamanam, M. Rimmer, D. Rolph, S. Rosanowski, M. Sainsbury, A.G. Siswandi, B. Tobin, R. Tushnet, W. van Caenegem, T. VoonTrade Review‘This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.’ -- Kirsten Anker, McGill University, Canada‘Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.’ -- Graham Dutfield, University of Leeds, UK‘Overall, Mathew Rimmer’s Handbook of Contemporary Research on Indigenous Intellectual Property Issues provides a comprehensive overview of the complex legal and policy landscape that indigenous peoples, governments and inter-governmental processes are all trying to use, amend and negotiate in order to design more effective long-term cultural protection. The majority of authors throughout this collection situate their analysis within relevant international norms and standards. The publication therefore is a useful resource not only for those following indigenous intellectual property issues but also those interested in international law and the responsiveness (or lack thereof) of international processes to redress and address historical and current indigenous concerns about the lack of legal protection afforded to indigenous cultures, traditions, values and knowledge.’ -- Maori Law ReviewTable of ContentsContents: The Legacy of David Unaipon Matthew Rimmer, Introduction: Mapping Indigenous Intellectual Property Matthew Rimmer PART I INTERNATIONAL LAW 1. The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights Mauro Barelli 2. The World Trade Organization, The TRIPS Agreement and Traditional Knowledge Tania Voon 3. The World Intellectual Property Organization and Traditional Knowledge Sara Bannerman 4. The World Indigenous Network: Rio+20, Intellectual Property, Indigenous Knowledge, and Sustainable Development Matthew Rimmer PART II COPYRIGHT LAW AND RELATED RIGHTS 5. Government Man, Government Painting? David Malangi and the 1966 One-Dollar Note Stephen Gray 6. What Wandjuk Wanted Martin Hardie 7. Avatar Dreaming: Indigenous Cultural Protocols and Making Films Using Indigenous Content Terri Janke 8. The Australian Resale Royalty Right for Visual Artists: Indigenous Art and Social Justice Robert Dearn and Matthew Rimmer PART III TRADE MARK LAW AND RELATED RIGHTS 9. Indigenous Cultural Expression and Registered Designs Maree Sainsbury 10. The Indian Arts and Crafts Act: The Limits of Trademark Analogies Rebecca Tushnet 11. Protection of Traditional Cultural Expressions within the New Zealand Intellectual Property Framework: A Case Study of the Ka Mate Haka Sarah Rosanowski 12 Geographical Indications and Indigenous Intellectual Property William van Caenegem PART IV PATENT LAW AND RELATED RIGHTS 13. Pressuring ‘Suspect Orthodoxy’: Traditional Knowledge and the Patent System Chidi Oguamanam 14. The Nagoya Protocol: Unfinished Business Remains Unfinished Achmad Gusman Siswandi 15. Legislating on Biopiracy in Europe: Too Little, too Late? Angela Daly 16. Intellectual Property, Indigenous Knowledge, and Climate Change Matthew Rimmer PART V PRIVACY LAW AND IDENTITY RIGHTS 17. Confidential Information and Anthropology: The Politics of the Digital Knowledge Economy Sarah Holcombe 18. Indigenous Cultural Heritage in Australia: The Control of Living Heritages Judith Bannister 19. Dignity, Trust and Identity: Private Spheres and Indigenous Intellectual Property Bruce Baer Arnold, 20. Racial Discrimination Laws as a Means of Protecting Collective Reputation and Identity David Rolph PART VI INDIGENOUS INTELLECTUAL PROPERTY: REGIONAL PERSPECTIVES 21. Diluted Control: A Critical Analysis of the WAI 262 Report on Maori Traditional Knowledge and Culture Fleur Adcock, 22. Traditional Knowledge Governance Challenges in Canada Jeremy de Beer and Daniel Dylan 23. Intellectual Property Protection of Traditional Knowledge and Access to Knowledge in South Africa Caroline Ncube 24. Traditional Knowledge Sovereignty: The Fundamental Role of Customary Law in Protection of Traditional Knowledge Brendan Tobin Index

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Book SynopsisThe great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.'- Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.'- Carlos M. Correa, University of Buenos Aires, ArgentinaTrade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions.Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries.The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies.Key features:- Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies.- Covers both business-to-business and employment relationships.- Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan.- Dependable analysis from two leading scholars in the field.- Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation.- Clear guidance on enforcement mechanisms and litigation procedure.This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.Trade Review‘Two powerful forces push against each other in the high-stakes world of modern commerce. First, innovation is key, because the competition for old, established products is fierce. Second, commerce today is inherently and relentlessly global. Because innovation is often best protected through trade secrecy, this body of law has taken on enormous importance throughout the world in recent years. But the effective protection of trade secrets varies significantly from country to country. So what to do? The authors of this essential book provide practical and detailed answers to this crucial question. They begin by emphasizing the inclusion of trade secrets in the TRIPs Agreement, and the model for TRIPs-level protection, the US Uniform Trade Secrets Act (UTSA), which serves as a “baseline” for protection around the world. They then describe in detail the importance of contractual protection and self-help measures as crucial adjuncts to formal legal protection. They provide a concise summary of trade secret laws in all important trading partner countries in the world. And they describe practical strategies for effective trade secret protection. The long and short of it is that this book is an excellent, practical resource for lawyers needing to know how best to navigate the tricky but essential waters of global trade secret protection.’ -- Robert Merges, University of California, Berkeley, US‘The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.’ -- Ping Xiong, University of South Australia‘This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘In total, a very valuable and thorough law book.’ -- The Criminal LawyerTable of ContentsContents: PART I TRIPS REQUIREMENTS AND THE FUNDAMENTALS OF US TRADE SECRET LAW 1. Introduction 2. Article 39 of the TRIPS Agreement 3. US Trade Secret Law and the Uniform Trade Secrets Act 4. Trade Secrets and Business to Business Relationships 5. Trade Secrecy in Employment Relationships 6. Enforcement Mechanisms and Litigation 7. Government Held Trade Secrets and Data Exclusivity PART II OVERVIEW OF TRADE SECRET LAW IN SELECT COUNTRIES 8. Understanding the Laws of Other Countries 9. Country Overviews: Common Law Countries 10. Country Overviews: Civil Law Countries Index

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Book SynopsisBoosting Pharmaceutical Innovation In The Post-TRIPS Era investigates the concept of innovation and illustrates the crucial role that patent strategies play within processes of pharmaceutical innovation. Drawing on extensive country and company case studies, it identifies the key issues relevant to the revival of local pharmaceutical industries.Based on an understanding of the post-TRIPS environment and case studies of national innovation strategies, the book specifically addresses an important question - to what extent can lessons from national experiences be transferred to current policy developments for innovation in the pharmaceutical industry in a developing country context? The book sets out a number of recommendations on how this can be achieved. It suggests that it can be done in relation to the key development objectives of promoting the technological and scientific advancement of the country, enhancing local pharmaceutical innovation capacities, adapting patent law to own local realities, providing wide access to medicines and knowledge, safeguarding public health interests, and fostering innovation.Practitioners and policy planners within the pharmaceutical industry will deem this book invaluable as it addresses a number of practical implications for the promotion of the pharmaceutical industry. It will also be of enormous interest to students, researchers and academics specializing in intellectual property law and policy, science and technology, and the management of technology and innovation.Contents: 1. Introduction 2. Innovation 3. Innovation and the Pharmaceutical Industry 4. Looking at the Big Picture: National Innovation System 5. Innovation Country Case Studies 6. A Real Life Company Case Study; TEVA Pharmaceuticals Ltd. and its Distinctive Trajectories 7. Real life lessons for the developing world Bibliography IndexTrade Review‘Overall, the book is very readable and well written, and it is clearly an interesting addition to the existing literature on pharmaceutical innovation in developing world.’ -- European Intellectual Property ReviewTable of ContentsContents: 1. Introduction 2. Innovation 3. Innovation and the Pharmaceutical Industry 4. Looking at the Big Picture: National Innovation System 5. Innovation Country Case Studies 6. A Real Life Company Case Study; TEVA Pharmaceuticals Ltd. and its Distinctive Trajectories 7. Real life lessons for the developing world Bibliography Index

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Book SynopsisInternational Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field.The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement.This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation.Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. YuTrade Review'An ever-increasing part of the value of all the goods and services that are traded in the world today is in their intellectual property. Daniel Gervais knows this, and he shows this understanding in the selections he chooses to grace these pages. His combination of practical and professorial expertise puts the editorial stamp of authority on this highly useful selection of topical essays ranging across many contemporary global intellectual property concerns.' --James Bacchus, former Chairman of the Appellate Body of the World Trade Organization'This book contains a number of very interesting chapters written by some of the most distinguished scholars in the field of international intellectual property (IP) law.' --Michael Blakeney, European Intellectual Property ReviewTable of ContentsContents: Preface Daniel J. Gervais PART I HISTORICAL AND INSTITUTIONAL ASPECTS 1. The Berne Convention: Historical and Institutional Aspects Sam Ricketson and Jane Ginsburg 2. International Patent Law: Principles, Major Instruments and Institutional Aspects Philippe Baechtold, Tomoko Miyamoto and Thomas Henninger 3. The Non-multilateral Approach to International Intellectual Property Normsetting Peter K.Yu 4. An International Acquis: Integrating Regimes and Restoring Balance Graeme B. Dinwoodie and Rochelle C. Dreyfuss PART II COPYRIGHT ISSUES 5. Understanding the “Three-step Test” Christophe Geiger, Daniel J. Gervais and Martin Senftleben 6. Orphanworks: A Comparative and International Perspective Katharina de la Durantaye PART III PATENTS AND INNOVATION ISSUES 7. Traditional Knowledge and Innovation as a Global Concern Susy Frankel 8. The Limits of Patents Elizabeth F. Judge and Daniel J. Gervais 9. A Protocol to Evaluate the Impact of Intellectual Property on Innovation Outcomes Geoffrey R. Scott 10. The Patent Cooperation Treaty Cees A.M. Mulder PART IV TRADEMARKS AND RELATED ISSUES 11. Reconciling Trademark Rights and Free Expression Locally and Globally Lisa P. Ramsey 12. Reconciling International Obligations to Protect Health and Trademarks: A Defense of Trademarks as Property Sam F. Halabi 13. Anti-dilution Protection of Luxury Brands in the Global Economy Haochen Sun 14. Of Markets, Culture, and Terroir: The Unique Economic and Culture-related Benefits of Geographical Indications of Origin Irene Calboli Index

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Book SynopsisIntellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book.Steven Ang builds his idea that the justification for IPRs is bound up with a simultaneous duty to share part of that intellectual resource through public rights of access and a public domain which is facilitated by the moral elements in the various dimensions of IPR.In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the moral commitments they imply and rely on, to identify a framework for further development and reform of IP regimes.The Moral Dimensions of Intellectual Property Rights will strongly appeal to researchers and academics in intellectual property, jurisprudence, policy makers concerned with IP rights, as well as general readers with a concern for the extent, growth and reform of IP rights.Contents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography IndexTrade ReviewProfessor Ang's thoughtful book is the first comprehensive analysis of the philosophic underpinnings of the morality clauses contained in the principal IPR statutes. Morality issues in intellectual property are becoming increasingly important as a consequence of the recent debates over access to proprietary medicines, the implications of DNA patenting for medical treatment and the impact of IPRs on food security. Professor Ang's book provides an important touchstone for consideration of these issues. --Michael Blakeney, University of Western AustraliaTable of ContentsContents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography Index

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Book SynopsisThis comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues.Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.Trade Review'This Handbook is a very welcome detailed treatment of the most pressing issues in the intersection between IPRs and Employment Law. With a global approach it explores how IPRs today are essential instruments, not only between competitors, but equally in relation to employees. It is a must-read for policy-makers, practicing lawyers, managers and students wishing to understand the many elements of incentivizing, regulating and managing employees performing innovative work.' -- Bengt Domeij, Uppsala University, Sweden'Moderna, Pfizer, Tesla, Amazon, and so many other corporate household names provide us with impressive new developments in technology that, literally, keep humanity going and alive. But inside the glitzy buildings of these firms work thousands of minds creating and discovering for the benefit of humankind - and their company’s shareholders. Many other firms and workers collaborate in these endeavors through various forms of contracting arrangements that span the globe, some of which are fairer than others. Corporate, employee, and social interests don’t always gel. So, around the creative and scientific work lies a global institutional architecture trying to keep things together. It includes intellectual property and labor laws. But given the fast-paced changes in technology and innovation, these areas of law are constantly trying to catch up. Remaining empirically valid - up with the times - is hard work. Experts in each body of law need to work in their specialized fields, but also together. The goals are to promote new and better incentives for creative and scientific work, with equity in mind, all at a global scale. This book contributes with this endeavor. It brings together an international collection of experts in these two legal fields. They ground the larger community of researchers in an urgent agenda for better, global matches between labor law and intellectual property law that can help reconcile the corporate, employee, and social interests at stake.' -- César F. Rosado Marzán, University of Iowa College of Law, USTable of ContentsContents: Preface viii PART I FOUNDATIONS OF EMPLOYEE INTELLECTUAL PROPERTY – HISTORICAL AND METHODOLOGICAL PERSPECTIVES 1 Foundations of labour and IP law 2 Niklas Bruun and Marja-Leena Mansala 2 The role of the employee–inventor and the institutional development of technology-based business 49 Ulf Petrusson 3 Knowledge economy, changing employment relations, and intellectual property issues 98 Alan Hyde PART II REGULATORY INTELLECTUAL PROPERTY FRAMEWORK 4 Regulatory development in different fields of IP 113 Marja-Leena Mansala and Niklas Bruun 5 Concepts of authorship and their relevance to IP entitlement – personalist vs entrepreneurial approaches 132 Antoon Quaedvlieg 6 The curious contrast between corporate authorship and inventorship in the United States 174 Sean M. O’Connor 7 Collective works in French law 202 Sylvie Nérisson and Stéphanie Le Cam 8 Fairness for all – employee inventions between contract and legislation in Korea and Japan 217 Nari Lee 9 The interface between employment law and enforcement, remedies and sanctions 246 Trevor Cook 10 Comparative perspectives on employee inventions: Chinese developments compared with European, Asian and US models 263 Liguo Zhang PART III GLOBALIZATION AND NEW CHALLENGES 11 Cross-border business matters and choice of law 293 Paul Torremans 12 Academic employees in universities: who can exploit their intellectual property? 326 Ann L. Monotti 13 Knowledge mobility, trade secrets and non-competes: lessons from the common law tradition 361 William van Caenegem Index

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Book SynopsisProtection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, varied actors in innovation, and multiple case studies from Asia and Latin America. IPRs and their interaction with other factors such as such as the quality of knowledge institutions (e.g. academia, public research institutes or industrial research centers such as science parks), availability of trained human capital, and networks for research collaboration or interaction (e.g. university-industry research collaboration or international collaboration) in a development context, is the subject of this book.Intellectual Property for Economic Development:- Considers the diverse forms of IPRs and technology transfer and their implications for economic development.- Analyzes the role of inventors in different contexts including those in universities and in domestic and international mobility and collaborations.- Presents in-depth analyses of specific issues involving IPRs in the context of countries at different levels of development, including Mexico, China and Korea. Focus is paid to the differences between East Asia and Latin America.This book will appeal to academics and researchers in the areas of development economics, the economics of IP, law and economics and IP innovation. Contributors: S.A. Ahn, C.R. Durán, B.H. Hall, A. Hu, S. Karmakar, J. Kim, Y.K. Kim, K. Lee, S. Lee, D.C. Lippoldt, G. Marschke, F. Montobbio, S. Nagaoka, T. Naotoshi, K.-H. Park, W.G. Park, V. Sterzi, J. SuhTable of ContentsContents 1. Introduction Sanghoon Ahn, Bronwyn H. Hall and Keun Lee PART I: DIVERSE FORMS OF INTELLECTUAL PROPERTY RIGHTS 2. Does Patent Protection Help or Hinder Technology Transfer? Bronwyn H. Hall 3. Channels of Technology Transfer and Intellectual Property Rights in Developing Countries Walter G. Park and Douglas C. Lippoldt 4. Patents versus Utility Models in a Dynamic Change of an Econmcy: Korea Keun Lee and Yee Kyoung Kim 5. Protecting Indigenous Knowledge through Geographical Indications: A Case Study of the Textile Industry in India Suparna Karmakar PART II. DIVERSE ACTORS IN INNOVATION 6. Impact of University Scientists on Innovations in Nanotechnology Jinyoung Kim, Sangjoon Lee and Gerald Marschke 7. Assessing the Effects of International Research Collaboration on Invention Process: Some Evidence from Triadic Patent Data Sadao Nagaoka and Tsukada Naotoshi 8. Empirical Analysis of University Patenting in Korea Joonghae Suh PART III: DIVERSE CASES FROM ASIA AND LATIN AMERICA 9. International Patenting and Knowledge Flows in Latin America Fabio Montobbio and Valerio Sterzi 10. Mexico: Auto Industry and Patenting in a Technological Dependent Economy Clemente Ruiz Durán 11. Propensity to Patent, Competition and China’s Foreign Patenting Surge Albert Hu 12. The Determinants of Patenting Activities in the Korean Firms Kyoo-Ho Park Index

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Book SynopsisA much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, ChinaTrade Review‘This book tells a distinctive story about IP and its place in global economic and cultural exchange. It is an outstanding starting point and teaching tool for courses on any IP topic. It is strongly recommended for IP scholars and students.’ -- Benjamin J. Keele, International Journal of Legal Information‘Dutfield and Suthersanen on Global Intellectual Property Law, sheds light on highly complex subject areas of intellectual property law in a clearly presented way with a reader-friendly and pleasant graphic presentation. . . an invaluable textbook for students, scholars or policy makers at all levels.’ -- Vera Vallone, IPKat‘In the second edition of their book Dutfield and Suthersanen on Global Intellectual Property Law, Graham Dutfield and Uma Suthersanen provide a valuable guide for understanding the international dimensions of this relationship. The updates to their earlier work reflect significant changes to IP protection, including the increasing relevance of bilateral and regional trade agreements. This book is an important tool for navigating a field of law that is strongly influenced by international law but continues to rely on national systems of protection using national treatment principles.’ -- Genevieve Wilkinson, Intellectual Property Forum Journal‘Dutfield and Suthersanen on Global Intellectual Property Law, now in its second edition, has established itself as a reference work for all those who are interested in international and comparative perspectives on intellectual property law and its policy aspects. Written by two leading scholars in intellectual property law, it offers a comprehensive view on all main intellectual property rights at international level and in various jurisdictions, whilst making sure that the technical legal analysis is always embedded in a broader socio-economic perspective. A very useful and inspiring read for all those who want to dig deeper into this fascinating field of growing importance.’ -- ­– Christophe Geiger, CEIPI, University of Strasbourg, France‘This book is a major contribution to the literature on intellectual property. With an original perspective and deep study of the evolution and current status of the law, the authors provide an illuminating analysis of how countries at different levels of development can frame their legal systems to participate in the knowledge economy.’ -- Carlos Correa, University of Buenos Aires, Argentina'This second edition considers the globalisation of intellectual property across a comparative range of local jurisdictions. As well as accounting for the various species of intellectual property, the book looks at larger over-arching themes of intellectual property and human rights; copyright law, cultural heritage, and education; plant breeders' rights, farmers privileges, and geographical indications; gene patents and access to medicines; and Indigenous Intellectual property. The work lights the way to implementing intellectual property reforms to promote the United Nations Sustainable Development Goals.' -- Matthew Rimmer, Queensland University of Technology, Australia‘Professors Dutfield and Suthersanen reinvent the world of intellectual property law in a way that is doctrinally neat, yet breathtaking. Veteran scholars of global intellectual property law will be further tantalized; tyros will desire to seek further expertise. The world, intellectual property, and your political convictions will not be the same after you work through this invaluable contribution to the field' -- Shubha Ghosh, Syracuse University, US‘This book is a significant achievement. The authors, both highly respected as scholars and as teachers, explore challenging and evolving concepts in a confronting and stimulating manner, in a way which is clear, readable and with excellent use of diagrams. This book will be invaluable to students, teachers and scholars at all levels.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: Preface to the Second Edition PART I INTELLECTUAL PROPERTY AS GLOBALISED LOCALISM 1. Globalisation, law and development 2. Justifying intellectual property 3. International governance of intellectual property PART II CREATING AND BRANDING 4. Copyright 5. Patents 6. Trade marks 7. Design intellectual property 8. Geographical indications 9. Plant intellectual property 10. Utility models and innovation patents PART III SHIFTING CONTOURS 11. Human rights and intellectual property 12. Education and cultural heritage 13. Health 14. New biologies 15. Genetic resources, traditional knowledge, and traditional cultural expressions 16. Networked technologies and intellectual property Index

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Book SynopsisA much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, ChinaTrade Review‘This book tells a distinctive story about IP and its place in global economic and cultural exchange. It is an outstanding starting point and teaching tool for courses on any IP topic. It is strongly recommended for IP scholars and students.’ -- Benjamin J. Keele, International Journal of Legal Information‘Dutfield and Suthersanen on Global Intellectual Property Law, sheds light on highly complex subject areas of intellectual property law in a clearly presented way with a reader-friendly and pleasant graphic presentation. . . an invaluable textbook for students, scholars or policy makers at all levels.’ -- Vera Vallone, IPKat‘In the second edition of their book Dutfield and Suthersanen on Global Intellectual Property Law, Graham Dutfield and Uma Suthersanen provide a valuable guide for understanding the international dimensions of this relationship. The updates to their earlier work reflect significant changes to IP protection, including the increasing relevance of bilateral and regional trade agreements. This book is an important tool for navigating a field of law that is strongly influenced by international law but continues to rely on national systems of protection using national treatment principles.’ -- Genevieve Wilkinson, Intellectual Property Forum Journal‘Dutfield and Suthersanen on Global Intellectual Property Law, now in its second edition, has established itself as a reference work for all those who are interested in international and comparative perspectives on intellectual property law and its policy aspects. Written by two leading scholars in intellectual property law, it offers a comprehensive view on all main intellectual property rights at international level and in various jurisdictions, whilst making sure that the technical legal analysis is always embedded in a broader socio-economic perspective. A very useful and inspiring read for all those who want to dig deeper into this fascinating field of growing importance.’ -- ­– Christophe Geiger, CEIPI, University of Strasbourg, France‘This book is a major contribution to the literature on intellectual property. With an original perspective and deep study of the evolution and current status of the law, the authors provide an illuminating analysis of how countries at different levels of development can frame their legal systems to participate in the knowledge economy.’ -- Carlos Correa, University of Buenos Aires, Argentina'This second edition considers the globalisation of intellectual property across a comparative range of local jurisdictions. As well as accounting for the various species of intellectual property, the book looks at larger over-arching themes of intellectual property and human rights; copyright law, cultural heritage, and education; plant breeders' rights, farmers privileges, and geographical indications; gene patents and access to medicines; and Indigenous Intellectual property. The work lights the way to implementing intellectual property reforms to promote the United Nations Sustainable Development Goals.' -- Matthew Rimmer, Queensland University of Technology, Australia‘Professors Dutfield and Suthersanen reinvent the world of intellectual property law in a way that is doctrinally neat, yet breathtaking. Veteran scholars of global intellectual property law will be further tantalized; tyros will desire to seek further expertise. The world, intellectual property, and your political convictions will not be the same after you work through this invaluable contribution to the field' -- Shubha Ghosh, Syracuse University, US‘This book is a significant achievement. The authors, both highly respected as scholars and as teachers, explore challenging and evolving concepts in a confronting and stimulating manner, in a way which is clear, readable and with excellent use of diagrams. This book will be invaluable to students, teachers and scholars at all levels.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: Preface to the Second Edition PART I INTELLECTUAL PROPERTY AS GLOBALISED LOCALISM 1. Globalisation, law and development 2. Justifying intellectual property 3. International governance of intellectual property PART II CREATING AND BRANDING 4. Copyright 5. Patents 6. Trade marks 7. Design intellectual property 8. Geographical indications 9. Plant intellectual property 10. Utility models and innovation patents PART III SHIFTING CONTOURS 11. Human rights and intellectual property 12. Education and cultural heritage 13. Health 14. New biologies 15. Genetic resources, traditional knowledge, and traditional cultural expressions 16. Networked technologies and intellectual property Index

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Book SynopsisThe diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.Methods and Perspectives in Intellectual Property portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by, amongst other things, use of historical, comparative and empirical analysis. The book highlights the emergence of law and economics in the US as one of the dominant paradigms through which to consider intellectual property law, but also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research.Methods and Perspectives in Intellectual Property will prove valuable for professors, researchers, policymakers and students in intellectual property law as well as other related areas. Contributors: A. Adewopo, M. Barczewski, N. Bruun, I. Calboli, M. Chon, E. Derclaye, G.B. Dinwoodie, Y.M. Gadallah, C. Geiger, G. Ghidini, A. Griffiths, P. Johnson, D. Py , A. Rahmatian, M. Senftleben, D. Tan, M.A. WilkinsonTable of ContentsContents: PART I: COMPARATIVE LAW 1. The Role of Comparative Legal Analysis in Intellectual Property Law: From Good to Great? Irene Calboli 2. Comparative Approaches to Fair Use: An Important Impulse for Reforms in EU Copyright Law Martin Senftleben PART II: LAW AND ECONOMICS 3. A Fundamental Critique of the Law-and-Economics Analysis of Intellectual Property Rights Andreas Rahmatian 4. The Applicability of Diminishing Returns Law to the Patent System Yasser M. Gadallah 5. Trade Marks and Quality Assurance Andrew Griffiths PART III: LAW AND SOCIETY 6. The Social Function of Intellectual Property Rights, or How Ethics Can Influence the Shape and Use of IP Law Christophe Geiger 7. What Can Intellectual Property Law Learn from Happiness Research? Estelle Derclaye 8. Intellectual Property and Sustainable Development: A Distributive Justice Perspective Maciej Barczewski and Dorota Pyć PART IV: CULTURAL STUDIES 9. Transcoding and Transformation: A Cultural Studies Approach to Copyright Fair Use Doctrine David Tan PART V: DEVELOPMENT AND INTERNATIONAL RELATIONS 10. The Development Imperative in the Global IP System: Some Reflections on Developing Africa Adebambo Adewopo 11. PPPs in Global IP (Public–Private Partnerships in Global Intellectual Property) Margaret Chon PART VI: POLITICAL SCIENCE 12. Understanding Intellectual Property Niklas Bruun 13. Exclusion and Access in Copyright Law: The Unbalanced Features of the InfoSoc Directive Gustavo Ghidini PART VII: LAW AND HISTORY 14. Access to Medicines and the Growth of the Pharmaceutical Industry in Britain Phillip Johnson PART VIII: THE INTERNET 15. Can a Culture of Crowdsourcing be Harnessed to Enhance the Validity and Narrow the Scope of Issued Patents? The Peer-to-Patent Pilots Margaret Ann Wilkinson Index

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Book SynopsisIn the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit their greatest natural resource: intellectual property.Through an exploration of the techniques used in social entrepreneurship, Intellectual Property, Entrepreneurship and Social Justice provides a framework by which historically marginalized communities and developing nations can cooperate with the developed world to establish a socially cohesive global intellectual property order. The knowledgeable contributors discuss, in four parts, topics surrounding entrepreneurship and empowerment, education and advocacy, engagement and activism and, finally, commencement.Experts in the field, scholars, law professors and students of intellectual property, human rights and international trade and development will find this book to be both thought-provoking and a valuable resource.Contributors: D.M. Conway, S. Ghosh, L.J. Gibbons, M. Gollin, R.S. Heimes, P. Lyfoung, A. McGeehan, C. McNulty, L. Mtima, L.E. Mulraine, J.R. Whitman, V. Rawlston Wilson, P.K. YuTrade Review'Professor Lateef Mtima and his stellar list of contributors are onto something genuinely new in this important volume; the idea that the 'public interest' goals of the IP system extend beyond encouraging innovation, to take in a wide range of other social justice interests: promoting economic participation by excluded groups, helping to assure distributional fairness, and enabling significant gestures of cultural preservation. The range of specific topics covered is impressive, and their presentation is at once rigorous and accessible to non-specialist readers. This transformational collection is an essential item for any contemporary IP bookshelf.' --Peter Jaszi, American University Law School, US-While many have articulated needs of particular communities which they argue intellectual property should be shaped to serve, few have attempted to flesh out a theory under which intellectual property doctrine should be built from the ground up to promote social justice. Lateef Mtima, a pioneer in that endeavor, has now edited a collection of essays that provides crucial additional perspectives - perspectives that appropriately focus on empowerment and entrepreneurship. These essays are essential reading for everyone who has ever wondered whether and how intellectual property should respond to an unequal world.' --Robert Brauneis, The George Washington University, USTable of ContentsContents: Prologue: A Social Activist’s Guide to Intellectual Property Lateef Mtima 1. An Introduction to Intellectual Property Social Justice and Entrepreneurship: Civil Rights and Economic Empowerment for the 21st Century Lateef Mtima PART I ENTREPRENEURSHIP AND EMPOWERMENT 2. An Entrepreneurship Approach to Achieving IP Social Justice John R. Whitman 3. Intellectual Property as an Essential 21st Century Business Asset Valerie Rawlston Wilson 4. The Colorblind Marketplace? Shubha Ghosh 5. Public Procurement’s Role in Facilitating Social Justice, Entrepreneurship, and Innovation in the Global Knowledge Economy Danielle M. Conway PART II EDUCATION AND ADVOCACY 6. Lawyers and Innovation Rita S. Heimes 7. Intellectual Property Training and Education for Social Justice Peter K. Yu 8. Intellectual Property Social Justice in Action: Public Interest Intellectual Property Advisors Michael Gollin, Pacyinz Lyfoung, Lateef Mtima and Connor McNulty PART III ENGAGEMENT AND ACTIVISM 9. Worth More Dead than Alive: Join the NoCopyright Party and Start Killing Copyrights for their Own Good Ann McGeehan 10. I Am My Brother’s Keeper: How the Crossroads of Entrepreneurship, Intellectual Property, and Entertainment Can Be Used to Affect Social Justice Loren E. Mulraine 11. Accentuate the Positive, Eliminate the Negative: Intellectual Property Social Justice and Best Practices for Entrepreneurial Economic Development Llewellyn Joseph Gibbons PART IV COMMENCEMENT 12. From Swords to Ploughshares: Towards a Unified Theory of Intellectual Property Social Justice Lateef Mtima Index

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Book SynopsisThis collection is an inspiration and a delight for those advocates fighting for access to knowledge in the 21st century. The work highlights a number of 21st century challenges - including the obstacles of restrictive licensing; the barriers and obstacles of intellectual property; and the threats posed by international trade agreements. This collection provides a toolbox of policy solutions to deal with such hazards. The work highlights how information and knowledge can be unlocked through open access licensing, progressive intellectual property law reform, and fair trade.'- Matthew Rimmer, Australian Research Council, ANU College of Law and the Australian Centre for Intellectual Property in Agriculture'In a knowledge economy, access to information and knowledge takes on an ever-increasing role. But certain knowledge outputs are protected by exclusive intellectual property rights, which in one way or another restrict access to some information. It is therefore timely to examine these access issues in greater detail. The fact that this volume offers such a detailed analysis is its greatest strength. The in-depth analysis of all these aspects makes this a truly fascinating book!'- Paul Torremans, University of Nottingham, UK'This is an important book that brings together leading scholars from Europe and the United States to explore the access challenge in intellectual property law. It reframes the debate by focusing on the critical role of timely access to information in innovation-based economies. Well worth the read.'- Michael W. Carroll, American University Washington College of Law, USMassive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws.In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including:- open access to public sector and scientific research data- enhanced use of licensing- reshaping the contours of individual IP laws- inclusion of new stakeholders in the IP debate- challenges to the information flow in the international arena.In identifying some of the core IP-related challenges to the process of adapting to the knowledge needs of the new economy, this book will provide an enlightening read for academics, policymakers and lawyers concerned with IP laws and the flow of knowledge.Contributors: J. Axhamn, D. Beldiman, D.L. Burk, E. Ellyne, C. Geiger, L. Guibault, R. Kampf, M. Marzetti, M. Ricolfi, I. Schneider, M. Senftleben, A. Stazi, P. YuTrade Review‘Technical communicators wishing to understand the complexities of intellectual property laws across political boundaries will find this collection of essays valuable. Certainly, this collection deserves a place in the company library for those companies who use intellectual property, but also those interested in international IP law.’ -- Tom Warren, Technical Communication‘This collection is an inspiration and a delight for those advocates fighting for access to knowledge in the 21st century. The work highlights a number of 21st century challenges – including the obstacles of restrictive licensing; the barriers and obstacles of intellectual property; and the threats posed by international trade agreements. This collection provides a toolbox of policy solutions to deal with such hazards. The work highlights how information and knowledge can be unlocked through open access licensing, progressive intellectual property law reform, and fair trade.’ -- Matthew Rimmer, Australian Research Council, ANU College of Law and the Australian Centre for Intellectual Property in Agriculture‘In a knowledge economy, access to information and knowledge takes on an ever-increasing role. But certain knowledge outputs are protected by exclusive intellectual property rights, which in one way or another restrict access to some information. It is therefore timely to examine these access issues in greater detail. The fact that this volume offers such a detailed analysis is its greatest strength. The in-depth analysis of all these aspects makes this a truly fascinating book!’ -- Paul Torremans, University of Nottingham, UK‘This is an important book that brings together leading scholars from Europe and the United States to explore the access challenge in intellectual property law. It reframes the debate by focusing on the critical role of timely access to information in innovation-based economies. Well worth the read.’ -- Michael W. Carroll, American University Washington College of Law, US‘In her excellent introductory notes, Dana Beldiman concludes that the pathway to foster the ability to access and use information and knowledge in the 21st century remains somehow unclear. It offers ample food for further thought and will hopefully engage many researchers in near future.’ -- International Review of Intellectual Property and Competition LawTable of ContentsContents: Preface Introduction Dana Beldiman PART I: ACCESS TO INFORMATION IN THE PUBLIC SECTOR AND IN SCIENTIFIC RESEARCH 1. Public Sector Information as Open Data: Access, Re-Use and the Third Innovation Paradigm Marco Ricolfi 2. Licensing Research Data under Open Access Conditions under European Law Lucie Guibault PART II: THE CONCEPTUAL CONTOURS OF INTERNATIONAL PROPERTY LAWS FROM AN ACCESS PERSPECTIVE 3. Intellectual Property in the Cathedral Dan L. Burk 4. Trademark Law and the Public Domain Martin Senftleben 5. Patent Eligibility – the ‘Sick-Man’ of Patent Law Erika Ellyne 6. Exceptions, Limitations and Collective Management of Rights as Vehicles for Access to Information Johan Axhamn PART III: EXPANDING THE DEBATE TO INCLUDE NEW STAKEHOLDERS 7. Synergetic Interaction Between Intellectual Property and Consumer Protection: A Pragmatic Proposal to Rebalance Incentives and Access Andrea Stazi and Maximiliano Marzetti 8. Framing and Explaining the Politicization of Intellectual Property Rights in the Knowledge Society Ingrid Schneider PART IV: ACCESS IN THE INTERNATIONAL ARENA – FROM TRIPS TO COUNTRY CLUB TREATIES 9. From Data to Wisdom: The Contribution of Intellectual Property Rights to the Knowledge Pyramid Roger Kampf 10. The ACTA/TPP Country Clubs Peter K. Yu 11. Rethinking the Enforcement of Intellectual Property Rights at International Level Christophe Geiger

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Book Synopsis'A refreshing and thought-provoking addition to IP scholarship, Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access.'- Hazel Carty, University of Manchester, UK Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. sing examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.Trade ReviewForm in Intellectual Property Law is erudite, wide-ranging and original. Engagingly written, it casts interesting new light on a number of fundamental concepts in IP.' --Jonathan Griffiths, Queen Mary University of London, UK'In this wide-ranging work, David Booton throws fresh light on the underlying structure of IP law and its mix of hard-edged rules and open-ended standards. The way certainty and flexibility are reconciled to achieve just results is explored through a wealth of examples from case law and legislation. Mr Booton's talent for expounding complex ideas clearly and directly ensures that anyone interested in the field - be they lawyer, scholar, judge, reformer, student, or member of the general public - will come away with a renewed understanding of the law's aspirations, and of its deficiencies. Highly recommended.' --David Vaver, University of Oxford, UK and York University, Osgoode Hall Law School, Canada'A fascinating and original insight into the operation of IP law - a must have for anyone serious about the subject' --Margaret S. Llewelyn, University of Sheffield and Editor, Intellectual Property QuarterlyTable of ContentsContents: 1. Introduction 2. Form and legal adjudication 3. Legislative power and harmonisation 4. A conflict at the foundation 5. Form and the interpersonal/social dimension 6. Form and justifications Index

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