Intellectual property law Books

Book SynopsisWith in-depth analysis, this book will appeal to academics and students of STS (Science, Technology and Society), history of science and technology, business history, innovation studies, law, science and technology policy as well as business studies.Trade ReviewArapostathis and Dutfield's rich and well-edited collection offers a cogent challenge to patent-centred views of innovation. Their seventeen authors persuasively show that patenting is just one of a repertoire of tools successfully used to protect innovative work in a broad variety of context-dependent ways. It is essential reading for anyone wanting to learn about past contingencies in the transformation of techno-scientific creativity into wealth.- Graeme Gooday, University of Leeds, UKEssential reading, not just for IP historians and lawyers, but for anyone concerned at the insidious corporate take-over of modern life. It explodes the fallacy that patent systems exist to safeguard inventors' interests: the 20th Century saw inventors become salaried corporate employees, universities adopt a model of academic entrepreneurship, and IPRs create their own, increasingly global, logic. Yet, from Left and Right now arise fundamental ethical questions: isn't intellectual property just legal chicanery; shouldn't knowledge be a universal, public good? --- Christine MacLeod, University of Bristol, UKTable of ContentsContents: Introduction Stathis Arapostathis and Graham Dutfield PART I: INNOVATION CULTURES AND KNOWLEDGE MANAGEMENT 1. ‘Claim the Earth’: Protecting Edison’s Inventions at Home and Abroad Paul Israel 2. Managing Invention: Setting the Boundaries of Ownership Andrea R. Maestrejuan 3. The Photographic Paper that Made Leo Baekeland’s Reputation: Entrepreneurial Incentives for not Patenting Joris Mercelis 4. Software Piracy: Not necessarily Evil – or its Role in Software Development in Greece Theodore Lekkas PART II: INDIVIDUALS, INSTITUTIONS AND THE MANAGEMENT OF INTANGIBLE ASSETS 5. Collective Invention and Patent Law Individualism, 1877–2012 – or, the Curious Persistence of Inventor’s Moral Right Graham Dutfield 6. Something in the Air: The Post Office and Early Wireless, 1882–1899 Elizabeth Bruton 7. Contested Inventors: British Patent Disputes and the Culture of Invention in the Late Nineteenth Century Stathis Arapostathis 8. From Colour TV War to Non-Aggression Pact: Patents as Actants of Techno-political Diplomacy in a European Standardization Process Andreas Fickers PART III: KNOWLEDGE MANAGEMENT AND THE INDUSTRY-STATE-ACADEMIA NEXUS 9. Commerce and Academe: American Universities as Hosts of Entrepreneurial Science, 1880–1920 Susan W. Morris 10. Managing Knowledge in ‘Systematised Plant Breeding’: Mendelism and British Agricultural Science, 1900–1930 Berris Charnley 11. Patenting the Atom: The Controversial Management of State Secrecy and Intellectual Property Rights in Atomic Research Simone Turchetti PART IV: TECHNO-SCIENCES AND GLOBAL IP REGIMES: FROM HISTORY TO PRESENT CONCERNS 12. The International Patent System and the Ethics of Global Justice Henk van den Belt and Michiel Korthals 13. Intellectual Property Rights in the Plant Sciences and Development Goals in Agriculture: An Historical Perspective Niels Louwaars, Bram de Jonge and Peter Munyi 14. Business TRIPS: American Corporations and Patents Head to the Global South, 1950–2010 Eda Kranakis Index

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Book SynopsisThe Internet-fueled recycling of existing works into new media is the greatest challenge to copyright law. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work.Trade ReviewCopyright, Contracts, Creators presents an exhaustive and thoroughly researched and documented treatment of copyright protection for independent authors, or freelancers. --AALL Spectrum'This hardback publication is an interesting exposition on the application of copyright law to the protection of the rights of freelancers... Within this subject the book is thoroughly and professionally written and easy to read. It would actually serve as a good introduction to the application of copyright law to literary works as it contains some useful summaries of current law particularly in the UK and the United States. . . If you are interested in copyright law as it applies to author such as freelancers, or just generally want to learn more about the exploitation of copyright works in the digital age I thoroughly recommend this book. --Clive Davies, Communications Law'. . . deserves the widest possible circulation... much of what [D'Agostino] outlines and the solutions she suggests should be read by every freelancer, agency, editor and publishers. . . D'Agostino's writing is quite sprightly and she resists the temptation to be mealy-mouthed and obscure about the issues.' --D.B. Scott, canadianmags.blogspot.comTable of ContentsContents: Preface Foreword 1. Introduction 2. Freelancers and Copyright in the Digital Era 3. The History of Copyright in Relation to the Freelancer 4. The History of Copyright Contract in Relation to the Freelancer 5. International and Regional Copyright Legislation 6. National Copyright Contract Legislation and Judicial Principles 7. Judicial Treatment of Freelance Authors in North America 8. Judicial Treatment of Freelance Authors in Continental Europe 9. Freelancers in the UK: Pre-empting a Digital Dilemma 10. Formulating an Equilibrated Theory 11. Equilibrated Solutions 12. Final Remarks Bibliography Index

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Book SynopsisThis book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements.Trade Review'Camena Guneratne's thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic "commons" from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.' - Paul Martin, University of New England, Australia 'This is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' --- Alexander Gillespie, University of Waikato, New ZealandTable of ContentsContents: 1. Introduction 2. Overview of Plant Genetic Resources for Food and Agriculture 3. The Uses of Biological Resources 4. Property Regimes Over Biological Resources 5. The International Environmental Regime on Plant Genetic Resources and Traditional Knowledge 6. Farmers, Indigenous and Local Communities and Traditional Knowledge 7. The International Property Rights Regime 8. The Plant Protection Provisions of UPOV, the TRIPS Agreement and Bilateral Treaties 9. Access and Benefit Sharing Measures 10. Sui Generis Legislation 11. Disclosure of Origin of Genetic Resources and Traditional Knowledge 12. The Recognition of Traditional Knowledge as Prior Art 13. Conclusion Index

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Book SynopsisThis detailed book explores the relationship between intellectual property, competition and human rights.Trade Review‘. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners. -- Roxanne A. Stokes, Journal of High Technology Law‘. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown’s contribution is timely and important.’ -- Christopher Stothers, European Competition Law Review‘Abbe Brown’s new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.’ -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden‘Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!’ -- Paul Torremans, University of Nottingham, UK‘Abbe Brown’s study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown’s study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.’ -- F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The NetherlandsTable of ContentsContents: Foreword by Charlotte Waelde 1. ‘The Essence of Intellectual Property Rights is the Right to Exclude’ 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index

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Book SynopsisIntellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case.Trade Review'This work is splendid. As an intellectual property litigator I ask, ''why did no-one do it before''? Was it for lack of the creative idea, or did no-one have the diligence and erudition of Peter Groves to perfect it? And now that it has been done, we will wonder how we managed without it.' --Jonathan Turner, Barrister'Do not be put off by the word ''dictionary''. This is a fascinating, witty and erudite little volume, packed with interesting and useful information on the whole gamut of intellectual property. It leaves one (this one anyway) hungering for more and wanting to delve more deeply into fields that have nothing to do with earning one's daily bread.' --Tony McStea, Senior Patent Attorney, Global Patents, Givaudan Schweiz AG'Dr Groves set himself the monumental task of assembling a work that would be both a dictionary of the most important terms in intellectual property law and a ready resource for IP students and practitioners worldwide. He has succeeded admirably: his book not only covers the field but also glitters with unexpected delights (the entry on goodwill is a must-read). This compendium is essential for the desktop (or laptop) of anyone whose work involves intellectual property.' --Robert C. Cumbow, Graham & Dunn PCTable of ContentsContents: Preface Dictionary of Intellectual Property Law

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Book SynopsisPractitioners and policy-makers will also greatly benefit from reading this volume, following up on the author's widely acclaimed book published in 1999 The Economics and Management of Intellectual Property: Towards Intellectual Capitalism.Trade Review'Ove Granstrand's excellent monograph titled Evolving Properties of Intellectual Capitalism: Patents and Innovation for Growth and Welfare explores how the innovation system works in advanced economics. At its core is the concept of the ''innovation spiral'' that depicts the interdependence amongst R&D/knowledge, patents/IP, innovation and economic growth and welfare. Its focus on the neglected topic of intangible assets and intellectual capital is timely. The author's focus is primarily European but the relevance of his work is global. The book is a must read for policymakers, a handy reference for managers, and a useful guide for students wishing to understand the many element of innovation policy.' --David Teece, Berkeley Research Group, US'Ove Granstrand's new book is both a broad and deep treatment of his subject. A general reader may value this original and important work for its international comparisons and its treatment of policy as well as more familiar economic issues. A reader with interest in the details of intellectual property may value the work for the penetrating questions asked in the author's research and the wealth of detail and evidence presented. The book is important in its advocacy of seeing patents as a dynamic factor influencing innovation rather than as simply having a static and protective role. Granstrand's treatment will be valuable to executive and political audiences as well as lawyers and economists.' --James M. Utterback, Massachusetts Institute of Technology, US'This is Ove Granstrand's best and most profound work to date. He casts intellectual capitalism as a global system, interfacing a variety of national policy regimes. He shows why the pro-patent era is also pro-licensing, as increasing spatial and organizational interdependencies necessitate shifts in governance structures.' --John Cantwell, Rutgers University, USTable of ContentsContents: Preface 1. Innovation, IP and Intellectual Capitalism 2. Analytical framework 3. Patents and innovations for growth and welfare – a literature review 4. Methodology 5. Patents, innovations and growth – empirical analysis 6. What explains fluctuations in patenting frequency and propensity? 7. Discussion and general innovation and IP policy recommendations 8. Special recommendations for increasing patent knowledge and patenting 9. Patent and Innovation System Developments in Europe, Asia and the US 10. Transnational policy recommendations and policy issues 11. Global innovation and intellectual capitalism 12. Summary and Conclusions References Index

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Book SynopsisWritten by some of Chinaâs leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of Chinaâs Supreme Peopleâs Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.Trade Review’Studies in this book consider the changing role of intellectual property and technology laws in the country, discussing the transition points experienced in China's economy and considering the legal and political challenges it faces. Some of China's leading academic experts contribute in-depth articles in this first review to appear in English, making this a 'must' for any college-level international legal studies library.’ -- Midwest Book Review’This excellent volume offers much to learn from. . . The book is extensively and meticulously footnoted and contains the research tools one would expect from works of this stature, including a thought provoking introduction, detailed index and table of contents. . . the book is a rich resource of rather fascinating legal, historical and socio-economic insights into IP from the Chinese perspective. . . this volume should be added to any well stocked professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine’In summary, the editor and contributors have acquired a convincing balance between comprehensiveness and the ambition to highlight certain China-specific areas. The book is not confined to outlining specific IP laws per se but it also includes neighbouring, sometimes conflicting areas of law. Its distinctive feature is that it sheds light on intellectual property and technology laws and practice from different angles. For instance, it does not only inform the reader about the immediate copyright provisions but also about the potential application of antitrust law to abusive exercise, telecommunications provisions which, inter alia, regulate under which circumstances a copyright protected content may be traded on the internet, the contractual provisions which are applicable, e.g. to click-wrap contracts, as well as the enforcement practice in special administrations and courts. Moreover, it introduces the reader to domestic and international policy issues, including China's position on the international stage and the motives behind domestic regulations. On the whole, this book provides valuable enrichment to the available literature on Chinese IP. It is highly recommended to a readership composed of both practitioners and academics alike.’ -- Peter Ganea, China-EU Law JournalTable of ContentsContents: Foreword Jiang Zhipei 1. Introduction Rohan Kariyawasam 2. Patents Guo He 3. Trademarks Li Zuming 4. Copyright Protection in China Li Yufeng 5. Unfair Competition/Trade Secrets (1) Hu Kaizhong 6. Unfair Competition/Trade Secrets/Know-how (2) Liu Xiaohai 7. Protection of Intellectual Property in Hong Kong Michael Pendleton 8. Copyright Protection under the Network Environment Liu Chuntian 9. Computer Software, Information Technology and e-Commerce (1) Zhang Ping and Meng Zhaoping 10. Chinese e-Commerce (2) and Legal Environment Cong Lixian 11. Anti Monopoly Law Huang Young and Zhang Zhe 12. Intellectual Property Protection and Competition Law Xu Shiying 13. China in the WTO: Enforcement of the TRIPS Agreement and the Doha Agenda Kong Qingjiang 14. Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC) Jack Chang 15. Telecommunications and the Internet Rohan Kariyawasam Index

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Book SynopsisThis topical book brings to the fore new and standard-setting research into the connection between indigenous cultural heritage, international trade and economic development of indigenous peoples.Trade Review‘... the book is unique as a first publication to address all relevant viewpoints of international law on the topic of ICH trade. We have in one volume a comprehensive picture of indigenous peoples ' interests in cultural heritage and development. ... The editors can be congratulated on producing an amazingly rich volume... This is legal research at the cutting edge, and for once not so Euro-American centric.’ -- Laura Nader, The IP Law Book Review‘This timely and pioneering volume provides an ethnically sensitive exploration of the international trade in indigenous cultural heritage. The country reports are informative and insightful; they greatly enrich our understanding of the realities on the ground in Australia, Canada, New Zealand and the United States. The book also contains concrete and practical recommendations. It is essential reading for anyone interested in learning more about the protection and development of indigenous cultural heritage.’ -- Peter K. Yu, Drake University Law School, US‘Christoph Graber, Karolina Kuprecht and Jessica Lai have brought together authors who know the field, given them a set of concrete themes and through meticulous editing have produced an integrated work that has the strength of collective insight. This book sets the standard for researchers working on those difficult issues raised by trade and commerce in indigenous cultural heritage.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: Foreword Paul L.A.H. Chartrand Preface Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai PART I: METHODOLOGY AND SOCIAL CONTEXT 1. Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method Christoph B. Graber 2. Indigenous Self-Government, Cultural Heritage and International Trade: A Sociological Perspective Duane Champagne PART II: INTERNATIONAL LAW PERSPECTIVES 3. International Indigenous and Human Rights Law in the Context of Trade in Indigenous Cultural Heritage John Scott and Federico Lenzerini 4. Finding Space in the Margins? Recognising the Rights of Indigenous Peoples in the WTO Fiona Macmillan 5. Attempts to Protect Indigenous Culture through Free Trade Agreements Susy Frankel 6. Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies Christoph Antons 7. International Trade in Indigenous Cultural Heritage: An IP Practitioners’ Perspective Martin Girsberger and Benny Müller 8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade Brigitte Vézina 9. International Trade in Indigenous Cultural Heritage: An Argument for Indigenous Governance of Cultural Property Rebecca Tsosie 10. International Trade in Moveable Tangible Cultural Heritage of Indigenous Peoples: A European Perspective Karolina Kuprecht and Kurt Siehr 11. Indigenous Cultural Heritage in Development and Trade: Perspectives from the Dynamics of Cultural Heritage Law and Policy Rosemary J. Coombe with Joseph F. Turcotte 12. International Trade in Indigenous Cultural Heritage: Comments from UNESCO in Light of its International Standard-Setting Instruments in the Field of Culture Francesco Bandarin PART III: COUNTRY REPORTS (UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND) 13. A United States Perspective on the Protection of Indigenous Cultural Heritage Carole E. Goldberg 14. Ownership and Trade of Aboriginal Cultural Heritage in Canada Catherine Bell 15. International Trade in Indigenous Cultural Heritage: An Australian Perspective Kathy Bowrey 16. A New Zealand Perspective on the Protection of Mātauranga Māori (Traditional Knowledge) Susy Frankel PART IV: CONCLUSIONS 17. The Trade and Development of Indigenous Cultural Heritage: Completing the Picture and a Possible Way Forward Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai Index

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Book SynopsisIn the 21st century the information commons provides critical raw material for creativity and innovation.Trade Review‘This thoughtful and deeply analytical text examines in detail what the author, Robert Cunningham, describes as ‘the nexus between the physical environment and the information environment’ and explores the ways in which ‘environmental analytical frameworks’ might also apply to the information environment. . . IP theorists in particular, as well as environmental lawyers and academics will appreciate the insights revealed and the often new and original avenues of thought which Cunningham opens up to scrutiny as a result of his careful research. Certainly this book deserves a place in the well read practitioner’s professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Cunningham’s first title is an articulate analogy between the physical and informational environments, which provides a thorough application of ecological and environmentalist discourse to the information environment.’ -- Catherine Pocock, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. Information Environmentalism 2. Information Paradox and Public Goods 3. Externalities and Monopolies 4. Information Commons 5. Tragedy of (Ignoring) the Information Semicommons 6. The Social Ecology of Information Environmental Governance 7. Should the Information Commons have Standing? 8. Rational Truths, Reasonable Arguments and Rhetorical Imagination 9. Public Choice Theory and Social Production 10. Constitutional Economics and the Separation of (Economic) Power 11. Control, Alt, Delete: Towards an Information Environmental Governance Framework Index

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Book SynopsisIt grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law’s impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts.Trade Review’In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.’ -- - From the foreword by Michael Trebilcock, University of Toronto, CanadaFor the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions - particularly WIPO and the WTO - to foster the development of, and administer, sound international patent policy.’ -- Rochelle Dreyfuss, New York University, School of LawTable of ContentsContents: Foreword Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law: Autarkic Analysis 2. The Value of Diversity: Relaxed Autarky 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References Index

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Book SynopsisThe expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies.Trade Review‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha 2. Pharmaceutical Production and Access to Essential Medicines in South Africa Heinz Klug 3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy Gaëlle Krikorian 4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia Tatiana Andia 5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS Alenka Guzmán 6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program Matthew Flynn 7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies Kenneth C. Shadlen 8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience Jean-Frédéric Morin and Mélanie Bourassa Forcier 9. Access to Indian Generic Drugs: Emerging Issues N. Lalitha 10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China Mariko Watanabe and Luwen Shi 11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country Samira Guennif 12. The TRIPS Agreement and Health Innovation in Bangladesh Padmashree Gehl Sampath Index

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Book SynopsisThe respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.Trade ReviewPublished by Edward Elgar as part of their admirable ATRIP intellectual property series, this book should have an immediate appeal to intellectual property law scholars everywhere, certainly worldwide. . . For those involved in the field of intellectual property this book provides much information and food for thought based on what we would conclude is much original, thorough and extensive research by a very select and talented grouping of specialist IP lawyer, the book is certainly interesting reading and, we would have thought, an essential purchase for your library. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Opening Remarks to the 2010 ATRIP Congress PART I: IP RIGHTS AND COMPETITION LAW 1. Individual, Multiple and Collective Ownership: What Impact on Competition? Reto M. Hilty 2. The Law and Economics of Progress: IP Rights and Competition Policy Rudolph J.R. Peritz 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Ole-Andreas Rognstad PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing Geertrui Van Overwalle PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW 5. Collectivism and its Role in the Frame of Individual Contracts Silke von Lewinski 6. Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules? Sylvie Nérisson 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven A. Hetcher 8. The Necessity to Collectivize Copyright – and Dangers Thereof Jens Schovsbo 9. Two Perspectives on the Proposed Google Book Settlement John Cross and Fredrik Willem Grosheide PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States Irene Calboli 11. The Competitive Significance of Collective Trademarks Alexander Peukert 12. Multinationals’ Global Governance on the Internet Hong Xue 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Katja Weckström PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS 14. Virtual Teachers: A Copyright Paradox? Laura Carlson and Sanna Wolk 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Adejoke Oyewunmi Index

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Book SynopsisThis authoritative volume includes a selection of seminal articles published in the emerging field of technological progress and innovation. The first part of the book is dedicated to the economics of innovation, while the following parts include important papers in various legal areas that focus on innovation.Trade Review‘Lawyers, post-graduate students of law and economics, as well as policy makers and judges concerned with the issues raised by class actions will find this book, with its copious footnotes, a valuable tool for further research into this emerging area of law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction Eli M. Salzberger PART I ECONOMICS OF INNOVATION 1. Nathan Rosenberg (1976), ‘On Technological Expectations’ 2. Richard R. Nelson and Sidney G. Winter (1977), ‘In Search of Useful Theory of Innovation’ 3. Partha Dasgupta and Joseph Stiglitz (1980), ‘Industrial Structure and the Nature of Innovative Activity’ 4. Zoltan J. Acs and David B. Audretsch (1988), ‘Innovation in Large and Small Firms: An Empirical Analysis’ 5. Paul M. Romer (1990), ‘Endogenous Technical Change’ 6. David J. Teece (1992), ‘Competition, Cooperation, and Innovation: Organizational Arrangements for Regimes of Rapid Technological Progress’ 7. Chris Freeman (1994), ‘The Economics of Technical Change’ 8. Giovanni Dosi (1997), ‘Opportunities, Incentives and the Collective Patterns of Technological Change’ 9. Gregory N. Stock, Noel P. Greis and William A. Fischer (2002), ‘Firm Size and Dynamic Technological Innovation’ PART II IP AND INNOVATION 10. Steven Shavell and Tanguy van Ypersele (2001), ‘Rewards versus Intellectual Property Rights’ 11. Philip J. Weiser (2003), ‘The Internet, Innovation, and Intellectual Property Policy’ 12. Gregory N. Mandel (2005), ‘Promoting Environmental Innovation with Intellectual Property Innovation: A New Basis for Patent Rewards’ 13. Tim Wu (2006), ‘Intellectual Property, Innovation, and Decentralized Decisions’ 14. John M. Golden (2010), ‘Principles for Patent Remedies’ PART III PARTICULAR INDUSTRIES 15. Bruce Kogut and Anca Metiu (2001), ‘Open-Source Software Development and Distributed Innovation’ 16. Kal Raustiala and Christopher Sprigman (2006), ‘The Piracy Paradox: Innovation and Intellectual Property in Fashion Design’ PART IV ANTI-TRUST AND INNOVATION [170 pp] 17. David J. Teece and Mary Coleman (1998), ‘The Meaning of Monopoly: Antitrust Analysis in High-Technology Industries’ 18. Michel A. Carrier (2008), ‘Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation Markets’ 19. Daniel F. Spulber (2008), ‘Competition Policy and the Incentive to Innovate: The Dynamic Effects of Microsoft v. Commission’ PART V TORTS 20. Gideon Parchomovsky and Alex Stein (2008–09), ‘Torts and Innovation’ PART VI REGULATION 21. Jukka Similä (2002), ‘Pollution Regulation and Its Effects on Technological Innovations’ 22. Rebecca S. Eisenberg (2007), ‘The Role of the FDA in Innovation Policy’

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Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland‘The third edition of The Art Collecting Legal Handbook is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UKTable of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA

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Book SynopsisTrade Review‘The proposal for the SPC system (rather than simple patent term extension) referred to “the simplicity of the system” and called what was proposed “balanced simple transparent.” None of that proved true and, in my opinion at least, was obviously wrong at the time. Dr Roussou traces its complex history with battles between research based and generic pharma brilliantly. She valiantly attempts the impossible task of not just describing but also explaining the tortured reasoning of the CJEU on a flood of cases – which to some, me included, suggests the Court has no proper understanding of patent law (what is a “protected product”) nor regulatory law (very narrow and precise). She tackles the fuzzy interaction with competition law, the policy implications for pharma research, what’s to be done about the UPC and SPCs and where the system should go next. Not everyone will agree with her (I don’t on a number of points), but all will agree she has produced a valuable and provocative book.’ -- Sir Robin Jacob, University College London, UKTable of ContentsContents: 1. Supplementary protection certificates for medicinal products: an introduction 2. The long road to the enactment of the SPC Regulation 3. Legal analysis of the SPC Regulation (i): the meaning of the term “protected by a basic patent” under Art. 3 (a) SPC Regulation 4. Legal analysis of the SPC Regulation (ii): the meaning of the term “product” in the light of Art. 1 (b) and 3 (d) of the SPC Regulation 5. Interaction between the SPC Regulation and the unified patent system 6. The application of competition law in cases of supplementary patent protection 7. The future of SPC regulation Bibliography Index

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Book SynopsisTrade Review‘My advice to beginners in patent and innovation law scholarship, whether students or junior faculty, has always been the same: start by reading Rochelle Dreyfuss’s work on the subject. Improving Intellectual Property is a wide-ranging collection of insightful writing inspired by Rochelle’s work that vindicates the soundness of that advice. It also inspires a second piece of advice: Next, read this volume!’ -- Katherine Strandburg, New York University School of Law, US‘There is much insight, much to provoke, some to annoy, some to disagree with, and lots to make you think in this book. But not much to bore you. It is an exceptional tribute by some heavyweight names in the IP World to the great scholar and lawyer, Rochelle Dreyfuss.’ -- Robin Jacob, University College London, UKTable of ContentsContents: Preface xiv Rochelle Dreyfuss: Teacher, Builder, Scholar, Friend xv Harry First Acknowledgements xix List of common citations xx List of common abbreviations xxi 1 Introduction 1 Graeme Dinwoodie and Susy Frankel PART I ADDRESSING BOUNDARIES AND IMBALANCE 2 Prioritizing intellectual property’s freedom to operate 7 Margaret Chon 3 Are negative spaces likely to be fragile? 18 Christopher Jon Sprigman 4 The Marrakesh Treaty: Using the tools of intellectual property law to advance human rights 28 Laurence R. Helfer PART II PUBLIC HEALTH, PANDEMICS AND CRISES 5 Winning and losing pairings in access to medicines: A practical guide 39 Peter F. Drahos 6 COVID crisis underscores IP imbalance 50 Cynthia M. Ho 7 Using compulsory licences as a governance tool: The need for greater effectiveness and policy coherence 61 Duncan Matthews, Esther van Zimmeren and Timo Minssen 8 Food security, food crisis and boundaries to intellectual property 75 Geertrui Van Overwalle PART III PATENT CHALLENGES 9 The case for a liability rule to stimulate investment in sub-patentable innovation 88 Jerome H. Reichman and Ana Santos Rutschman 10 How do we protect biomedical research in the evolving intellectual property environment? 95 Dianne Nicol and Jane Nielsen 11 The validity of patent royalties after patent expiration: Brulotte/Kimble from the viewpoint of Japanese private international law 106 Toshiyuki Kono 12 ‘Tool Time’: The continuing relevance of compulsory licensing as a patent policy tool 116 Margo A. Bagley 13 US patent reform 2.0: Simplifying first-inventor-to-file novelty 126 Toshiko Takenaka PART IV DISPUTE SETTLEMENT AND COURT SPECIALIZATION 14 The Federal Circuit’s reach as a specialized court beyond patent law 138 Jeanne C. Fromer 15 Specialization everywhere: Increasing adjudicator specialization in the patent litigation ecosystem 149 Sarah R. Wasserman Rajec and Melissa F. Wasserman 16 The Unified Patent Court: A new patent troll haven 159 Thomas Riis 17 Transnational judicial competition in intellectual property law 170 Marketa Trimble 18 Navigating public, private, national, and global: International commercial arbitration of patent disputes 180 Barbara Lauriat PART V AUTHORS AND INVENTORS 19 Authors’ copyright (?) 191 Jane C. Ginsburg 20 Authors’ moral rights in the Berne Convention 204 Gustavo Ghidini and Laura Moscati 21 AI machines as inventors: The role of human agency in patent law 214 Brad Sherman 22 Artificial inventors 224 Daniel Gervais PART VI EXPRESSIVE GENERICITY AND FREEDOMS 23 Patent exhaustion as a canon of expressive freedom 235 Dan L. Burk 24 Expressive genericity revisited: What EU policymakers can learn from Rochelle Dreyfuss 246 Martin Senftleben 25 The sensibility of ‘expressive genericity’ and the rise (and potential fall) of Rogers v. Grimaldi in American trademark law 258 Barton Beebe 26 Trademarks as language in the 21st century 266 David Tan 27 Do trademarks assist global fabless manufacturing? 277 Stephen Petrie, Trevor Kollmann, Russell Thomson, Alexandru Codoreanu and Elizabeth Webster PART VII INFORMATION/DATA AND CONFIDENTIALITY/PUBLICITY 28 Information law pioneer 290 Sharon K. Sandeen 29 The right of publicity as civic communication 301 Megan Richardson 30 Governing valuable confidential data in the EU: Transparency as fairness 310 Nari Lee 31 FAIR, FRAND and open – the institutionalization of research data sharing under the EU data strategy 320 Mireille van Eechoud 32 A shifting paradigm of regulatory data transparency in Europe: How to reconcile the irreconcilable 331 Żaneta Zemła-Pacud PART VIII NON-DISCRIMINATION ISSUES 33 Remuneration rights and national treatment 342 Bernt Hugenholtz 34 The limits of national treatment 354 Annette Kur 35 Discriminatory non-discrimination 364 Susy Frankel 36 Non-discrimination as to the field of commerce as a norm of international trade mark law 374 Lionel Bently PART IX MAKING INTERNATIONAL IP AND INVESTMENT LAW 37 Proceduralism is not fetishism: International intellectual property lawmaking and global administrative law 386 Orit Fischman Afori 38 Early findings on the economic impacts of intellectual property-related trade agreements 397 Keith E. Maskus and William Ridley 39 The changing chemistry between intellectual property and investment law 406 Peter K. Yu 40 Investment treaties and public health: Time to rethink the strategy? 417 Dhanay Cadillo Chandler 41 Excluding intellectual property from bilateral trade and investment agreements: A lesson from the global health crisis 427 Christophe Geiger PART X INSTITUTIONS AND POLITICAL DRIVERS 42 Justifying the public law of patents 439 Kali Murray 43 WIPO alert – a reason to be alerted? 450 Alexander Peukert 44 A scholarly look at international IP – idealistic and pragmatic 462 Justin Hughes and Ruth L. Okediji 45 IP in an era of new mercantilism 475 Daniel Benoliel 46 Toward pluralism in U.S. intellectual property 486 Michael J. Burstein 47 Does IP improve the world? 494 Henning Grosse Ruse-Khan Index

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Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index

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Book SynopsisTrade Review‘This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.’ -- Mark P. McKenna, UCLA School of Law, US‘The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today’s practitioners.’ -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US‘Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and “free riding” across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.’ -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaTable of ContentsContents: Foreword xxxiii Preface xxxv Table of Cases xxxvii Table of Laws and Rules li PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW 1 Overview of International Dilution Law 2 Daniel R. Bereskin 2 Historical Roots of European Dilution Law 10 Ilanah Fhima 3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34 Jerre B. Swann PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD 4 Argentina 87 Jorge Otamendi 5 Australia 103 Odette Gourley 6 Brazil 128 Peter Dirk Siemsen and Rafael Atab 7 Canada 143 Daniel R. Bereskin 8 Chile 164 Rodrigo Velasco S. 9 China 174 Xuemin Chen 10 Trademark Dilution in the European Union 188 Charles Gielen 11 India 227 Dev S. Gangjee 12 Israel 247 Neil Wilkof and Narda Ben-Zvi 13 Japan 263 Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance 14 Republic of Korea (Korea) 279 Cheon-Woo Son and Angela Kim 15 Mexico 290 Roberto Arochi 16 Singapore 308 Elizabeth V. Cardoza and Gladys Mirandah 17 South Africa 324 Wim Alberts and Owen Salmon 18 Switzerland 340 Patrick Troller and Gallus Joller 19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353 Theodore H. Davis Jr 20 Survey Evidence in U.S. Dilution Cases 417 Gerald L. Ford and AnnaBelle Sartore PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION 21 Unfair Advantage Law in the European Union 441 Ilanah Fhima and Sir Robin Jacob 22 Dilution and Freedom of Expression in Europe 467 Wolfgang Sakulin 23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517 Anthony L. Fletcher and Kristen McCallion Index 542

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Book SynopsisTrade Review‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’ -- Pedro De Miguel Asensio, Complutense University of Madrid, Spain'For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.' -- Rochelle Dreyfuss, New York University, US‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’ -- Paul Torremans, University of Nottingham, UK‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’ -- Marta Pertegás Sender, Maastricht University, the NetherlandsTable of ContentsContents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index

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Book SynopsisTrade Review'Counterfeiting is a plague that is growing, and will soon exceed trillions of dollars of stolen top line revenue from major organizations world wide. This book documents the hidden players behind this problem, and documents the level of organized crime that is implicit in this work. This is a fascinating tale of the “behind the scenes” activities that are producing a steady stream of counterfeit goods, and how organizations need to act to curb this black tide.’ -- Robert Handfield, North Carolina State University, US‘A comprehensive examination of the international trade in counterfeit goods and the links to international organized crime. Covering mainly trademark infringement but including copyright, Professor Blakeney’s long experience in this field make him an ideal assessor of the factors involved and apposite case studies underline the significance of the phenomenon leading to a succinct “Way Forward”.’ -- John Anderson, The Global Anti-Counterfeiting Group, France‘The links between organised crime and counterfeits have become an issue of crucial importance to international trade and intellectual property enforcement. In this book, Blakeney brings a wealth of experience, critical insight and sustained analysis to his examination of the complex legal and socio-economic environments involved.’ -- Phillip Johnson, Cardiff University, UKTable of ContentsContents: Preface PART I DEFINITIONS, METRICS AND ANTI-COUNTERFEITING LEGISLATION 1 Definitions and metrics 2 The trade in counterfeit products 3 Impacts of counterfeiting: commercial, fiscal and socio-economic 4 Counterfeiting and public order 5 Counterfeiting and international IP legislation 6 National legislation and counterfeiting 7 Border control of counterfeits PART II CONFISCATION OF THE PROCEEDS OF COUNTERFEITING 8 International confiscation legislation and intellectual property crime 9 National confiscation laws PART III CASE STUDIES 10 Medicines and pharmaceuticals 11 Food 12 Wines and spirits 13 Luxury goods 14 Other counterfeits PART IV RECOMMENDATIONS 15 The way forward Index

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Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik

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Book SynopsisTrade ReviewAcclaim for the first edition:‘Mark Greenberg's Comic Art, Creativity and the Law outlines the protective, and often restrictive, aspects of the relationship between the law and the comic book industry. Greenberg's text is a very accessible, even enjoyable read. While Comic Art, Creativity and the Law is fascinating, even compelling, its principle audience is entertainment comic book creators, attorneys, and fans.’ -- Allen Berry, Technical Communication’Talk about an interesting project! This really quite riveting book from Edward Elgar’s Law and Entrepreneurship series explores a not very much explored area of the law; that is the effect, for better or worse, of the law on creativity and the creative process. . . While the book could be considered a guide to ‘the law of comics’, it is more than that. There is much analysis and commentary on the history, structure and modes of comic art, after which, the discussion turns to two legal doctrines: contract and copyright law. The impact of tax and obscenity laws is also discussed. . . With the ten pages ‘table of authorities’ and extensive footnoting, the book is a carefully researched academic study as well as a fascinating read. No doubt it will end up as an exceptionally well-thumbed volume in practitioners’ libraries on both sides of the Atlantic – and fans anywhere, of cartoons and comics will love it.’ -- The Barrister Magazine’Marc Greenberg combines his professional expertise and deep knowledge of comics history to provide the first book-length treatment of the subject of law as it applies to comics. . . an invaluable resource for understanding the issues.’ -- Rob Salkowitz, ICV2‘Comic Art, Creativity and the Law is a highly welcome addition to the literature on the development of comic art. The book stands out in its knowledge of the comic industry and analysis of the legal challenges confronting creative artists. You will enjoy reading it whether you are an art law specialist or a Spiderman fan.’ -- Peter K. Yu, Drake University Law School, US‘In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics – and all creative enterprises – in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.’ -- Rob Salkowitz, author of Comic-Con and the Business of Pop Culture‘Marc Greenberg’s Comic Art, Creativity and the Law gives a detailed, thoughtful “look under the hood” of one of the United States’ most vibrant and under appreciated creative industries. For anyone who cares about truly understanding the creative process and the lives of authors in our times, this should be part of your library.’ -- Justin Hughes, Loyola Law School and chief US negotiator for the Beijing and Marrakesh copyright treaties‘An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg’s book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.’ -- Mark A. Lemley, Stanford Law School, USTable of ContentsContents: PART I INTRODUCTION TO THE SECOND EDITION PART II CREATIVITY AND THE LAW 1. The neuroscience of creativity 2. How the law views the creative process PART III COMIC ART – HISTORY, STRUCTURE AND MODE 3. A brief history of comic art 4. The structure and common modes for comic art PART IV THE IMPACT OF LAW ON THE CREATION AND STRUCTURE OF COMIC ART 5. Uneasy bedfellows: comic art creators and publishers – how comic art 6. Copyright law’s impact on the creative process in comic art 7. Fan-based creations – a look at Fan Fiction, Fan Art, Fan Films and Cosplay PART V CONSTRAINING CREATIVITY: THE EFFECT OF TAX LAW AND OBSCENITY LAW ON THE CREATIVE PROCESS 8. The power to tax and the First Amendment: Mavrides v. Board of Equalization 9. Censoring creativity, the Comics Code Authority and the birth of the Comic Book Legal Defense Fund 10. Obscenity law and the First Amendment: CBLDF to the defense 11. The bigger picture: obscenity, the First Amendment and the moral education of the young PART VI COMIC ART AND LAW IN THE INTERNATIONAL AND DIGITAL MARKETS 12. Comic art and the law in the international marketplace 13. Eight tips for licensing comics for film and television 14. Comic art, law and the digital revolution 15. Concluding remarks Index

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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 SynopsisTrade Review‘Highly informative and academically convincing, the new book by Michael Blakeney and Getachew Mengistie Alemu brilliantly analyses the intricate web of IP rules and policies affecting the African continent and its states. Readers will be delighted learning about how IP regimes affect entrepreneurship in Africa and their intersection and clash with economic development targets and overriding public goods including public health, culture, education, food security and biodiversity conservation.’ -- Enrico Bonadio, City, University of London, UK‘Much has been written about the impact of the intellectual property and trade paradigm but not much about its impact on African countries. The two authors, both of great experience and scholarship, show the reader in a clear and systematic fashion how the paradigm matters to Africa and its people.’ -- Peter Drahos, European University Institute, ItalyTable of ContentsContents: 1 Overview of the socio-economic profile of and challenges faced by African countries 2 Sub-regional and regional trade agreements 3 African Continental Free Trade Agreement 4 The intellectual property system in Africa 5 African continental intellectual property arrangements 6 FTAs and African IP arrangements 7 African countries’ membership of international IP agreements 8 Biodiversity 9 Preserving Africa’s culture 10 FTAs, IP, and economic development Index

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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 SynopsisThis pioneering book explores the relationship between intellectual property (IP) and cannabis. Expert scholars from across the globe reflect on the legal, cultural, and socio-economic significance of cannabis, addressing the difficulties of adapting legal frameworks to this unique and multifaceted product.

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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 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 SynopsisWhat rights do artists and creators have in a world where everything is free?Copyright is one of the central economic and creative issues of our time. We expect to be able to log on and read, watch or listen to anything, anywhere, anytime. Then copy it, share it, quote it, sample it, remix it. Does this leave writers, designers, filmmakers, musicians, photographers, artists and game developers with any rights at all? Have we forgotten how to pay for content? Is the concept of making a living from creativework outdated? Without effective copyright protection will key Australian businesses collapse? And perhaps the biggest question: has illegal downloading become the largest industry of all and copyright violation a way of life?Copyfight brings together writers, musicians and others from creative industries, media companies, cultural institutions, law firms and universities, including John Birmingham, Linda Jaivin, Clem Bastow and Lindy Morrison.

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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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