Intellectual property law Books

Book SynopsisThis research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached.Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.Table of ContentsContents: Introduction Paul Torremans PART I TERRITORIALITY 1. Sophie Neumann (2011), ‘Intellectual Property Rights Infringements in European Private International Law: Meeting the Requirements of Territoriality and Private International Law’, Journal of Private International Law, 7 (3), December, 583–600 2. Teruo Doi (2002), ‘The Territoriality Principle of Patent Protection and Conflict of Laws: A Review of Japanese Court Decisions’, Fordham International Law Journal, 26 (2), 377–95 PART II JURISDICTION: MOVING ON FROM THE TERRITORIAL STARTING POINT 3. Lydia Lundstedt (2001), ‘Jurisdiction and the Principle of Territoriality in Intellectual Property Law: Has the Pendulum Swung Too Far in the Other Direction?’, International Review of Intellectual Property and Competition Law, 32 (1), 124–141 4. Benedetta Ubertazzi (2011), ‘Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law’, Marquette Intellectual Property Law Review, 15 (2), Summer, 357–448 5. Mario Franzosi (1997), ‘Worldwide Patent Litigation and the Italian Torpedo’, European Intellectual Property Review, 19 (7), July, 382–5 6. Paul Torremans (2011), ‘The Sense or Nonsense of Subject Matter Jurisdiction Over Foreign Copyright’, European Intellectual Property Review, 33 (6), 349–56 7. Paul L.C. Torremans (2011), ‘Star Wars Rids Us of Subject-Matter Jurisdiction: The Supreme Court Does Not Like Kafka Either When It Comes to Copyright’, European Intellectual Property Review, 33 (12), 813–7 8. Annette Kur (2006), ‘A Farewell to Cross-Border Injunctions? The ECJ Decisions GAT v. LuK and Roche Nederland v. Primus and Goldenberg’, International Review of Intellectual Property and Competition Law, 37 (7), 844-55 9. Mario Franzosi (2009), ‘GAT and Roche — Idola Fori, Teatri, Specus: Regulation 864/2007 Makes Cross-Border Patent Litigation Possible’, Journal of Intellectual Property Law and Practice, 4 (4), April, 247–55 10. Benedetta Ubertazzi (2009), ‘Licence Agreements Relating to IP Rights and the EC Regulation on Jurisdiction’, International Review of Intellectual Property and Competition Law, 40 (8), 912–39 11. Matthias Rößler (2007), ‘The Court of Jurisdiction for Joint Parties in International Patent Disputes’, International Review of Intellectual Property and Competition Law, 38 (4), 380–400 12. Christian Heinze (2011), ‘Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation’, Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, 75 (3), July, 581–618 13. Pedro A. de Miguel Asensio (2007), ‘Cross-Border Adjudication of Intellectual Property Rights and Competition Between Jurisdictions’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XVI, 105–54 PART III CHOICE OF LAW AND RELATED ISSUES 14. Anna Tydniouk (2004), ‘From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International Copyright’, Brooklyn Journal of International Law, 29 (2), 897–936 15. Paul Torremans and Carmen Otero García Castrillón (2012), ‘Reversionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?’, Intellectual Property Quarterly, 2, 77–93 16. Guido Westkamp (2006), ‘Research Agreements and Joint Ownership of Intellectual Property Rights in Private International Law’, International Review of Intellectual Property and Competition Law, 37 (6), 637–61 17. Paul Torremans (2010), ‘Copyright: Which Law Applies? Some Thoughts on Issues of Authorship, (First) Ownership of Rights and Works Created by Employees’, ΔiMEE Media and Communications Law Review, 1, 6–12 18. Jane C. Ginsburg and Pierre Sirinelli (1991), ‘Authors and Exploitations in International Private Law: The French Supreme Court and the Huston Film Colorization Controversy’, Columbia-VLA Journal of Law and the Arts, 15, 135–59 19. Paul Torremans (2008), ‘Licenses and Assignments of Intellectual Property Rights Under the Rome I Regulation’, Journal of Private International Law, 4 (3), December, 397–420 20. Christopher Wadlow (2009), ‘The New Private International Law of Unfair Competition and the “Rome II” Regulation’, Journal of Intellectual Property Law and Practice, 4 (11), November, 789–97 21. Toshiyuki Kono (2005), ‘Intellectual Property Rights, Conflict of Laws and International Jurisdiction: Applicability of ALI Principles in Japan?’, Brooklyn Journal of International Law, 30 (3), 865–83 22. Stefania Bariatti (2010), ‘The Law Applicable to Security Interests in Intellectual Property Rights’, Journal of Private International Law, 6 (2), 395–416 23. Torsten Bettinger and Dorothee Thum (2000), ‘Territorial Trademark Rights in the Global Village – International Jurisdiction, Choice of Law and Substantive Law for Trade Mark Disputes on the Internet’, Parts 1 and 2, International Review of Intellectual Property and Competition Law, 31 (2 and 3), 162–82, 285–308 24. Axel Metzger (2012), ‘Transnational Law for Transnational Communities: The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 361–8 25. Graeme B. Dinwoodie, Rochelle C. Dreyfuss and Annette Kur, (2009), ‘The Law Applicable to Secondary Liability in Intellectual Property Cases’, New York University Journal of International Law and Politics, 42, 201–35 26. Pedro A. de Miguel Asensio (2011), ‘Social Networking Sites, An Overview of Applicable Law Issues’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XX, 3–38 27. Rita Matulionytė (2011), ‘The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2 (1), 26–36 28. Pedro A. de Miguel Asensio (2012), ‘Internet Intermediaries and the Law Applicable to Intellectual Property Infringements’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 350–60 29. Rita Matulionytė (2013), ‘Calling for Party Autonomy in Intellectual Property Infringement Cases’, Journal of Private International Law, 9 (1), April, 77–99 PART IV THE DEMISE OF TERRITORIALITY? 30. Graeme B. Dinwoodie (2009), ‘Developing a Private International Intellectual Property Law: The Demise of Territoriality?’, William and Mary Law Review, 51 (2), November, 711–800 PART V RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS 31. Marketa Trimble (2009), ‘Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad’, Marquette Intellectual Property Law Review, 13, 331–69 32. Marketa Trimble Landova (2009), ‘Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement’, International Review of Intellectual Property and Competition Law, 40, 642–65 33. Marketa Trimble (2011), ‘Extraterritorial Intellectual Property Enforcement in the European Union’, Southwestern Journal of International Law, 18, 101–10 Index

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Book SynopsisThis remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.'- Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.'- Beebe Barton, New York University School of Law, US'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.'- Peter Drahos, Australian National University and Queen Mary University of London, UKResearch Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.Contributors include: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. YuTrade Review'This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’ -- Jerome H. Reichman, Duke University, School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' -- Beebe Barton, New York University, School of Law, US'As he has done throughout his career in edited books, Christophe Geiger – Europe's leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.' -- Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK'Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research' -- Thomas Cottier, University of Bern, Switzerland'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' -- Peter Drahos, Australian National University and Queen Mary University of London, UK‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’ -- The Barrister MagazineTable of ContentsContents: Foreword Catherine Trautmann Introduction Christophe Geiger 1. Mapping the Interface Between Human Rights and Intellectual Property Laurence R. Helfer PART I LEGAL REALITY BEHIND HUMAN RIGHTS 2. Human Rights and Balancing: The Principle of Proportionality Jonas Christoffersen 3. Interaction Between Human Rights: Are All Human Rights Equal? Peggy Ducoulombier 4. Interaction Between International Human Rights Law and the European Legal Framework Rhona Smith 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights Henning Grosse Ruse-Khan 6. Human Rights and Philosophical Foundations of Intellectual Property Daniel Gervais PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU Tuomas Mylly 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature Alexander Peukert 9. Human Rights and International Intellectual Property Law Hannu Wager and Jayashree Watal 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects Xavier Seuba 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Carlos Correa Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe Thomas Dreier and Marco Ganzhorn 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries Denis Borges Barbosa and Charlene de Ávila Plaza 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies Toshiko Takenaka and Linda Falcon 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM) Philipp Von Kapff 16. Human Rights in the Case Law of the EPO Boards of Appeal Agnieszka Kupzok PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright Dirk Voorhoof 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System Martin Senftleben 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections Jacqueline D. Lipton 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights Guido Westkamp 21. Freedom to Conduct a Business, Competition and Intellectual Property Gustavo Ghidini and Andrea Stazi 22. Right to Property and Trade Secrets Tanya Aplin 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial Jonathan Griffiths 24. Digital Copyright Enforcement Measures and their Human Rights Threats Peter K. Yu Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents Aurora Plomer 26. Right to Health and Patents Duncan Matthews 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement Jeffrey M. Samuels 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources Claudio Chiarolla 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection? Dev S. Gangjee 30. Right to Culture and Copyright: Participation and Access Caterina Sganga 31. Human Rights, Persons with Disabilities and Copyright Abbe Brown and Charlotte Waelde Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework? Ahmed Abdel-Latif 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples Susy Frankel 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Sue Farran PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Christophe Geiger Index

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Book SynopsisIntellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law.This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.Trade Review'With his new book Gustavo Ghidini presents the systematic sum of his work on the functional interdependence between intellectual property (patents, copyrights, trademarks) and the constitutional freedoms of access to knowledge, competition, and consumer choice and protection. Far more than an invitation merely to rethink the foundations and reach of intellectual property, he offers both a fresh and convincing methodology and a circumspect guide to understanding and applying intellectual property in the context of accelerated technological change, highly dynamic competition, and increasingly complex conflicts of interests. The book is a challenge and a promise of reward.' --Hanns Ullrich, Max Planck Institute for Innovation and Competition, Germany'Professor Gustavo Ghidini has produced an original detailed study of the whole system of intellectual property law as it is changing in the light of new technologies and new commercial strategies. His new approach provides a critical study of how each constituent element of the IP ''system'' (patent, trademark and copyright) contains ''pro-competitive antibodies'' which limit as well as bestow the exclusivity of the individual IP right. He also analyses in depth the related intersections between IP and competition law and unfair competition law. The depth and the comprehensiveness of the research underpinning Ghidini's analytic framework make this book a gem for legal practitioners and academics.' --Steven Anderman, University of Essex, UKTable of ContentsContents: 1. Conflicts of interest, and guiding principles for their resolution within IP’s constitutional framework 2. Patent Protection of Innovation: a ‘Monopoly’ with Antibodies 3. From art to technology: copyright expansion and barriers: The evolving relation ‘right v. access’ 4. Firms’ identity and brand value in the regime of trademarks 5. On the ‘Intersection’ between IP and competition law(s) Index

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Book SynopsisTo a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.'- Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!'- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent OfficeIntellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. ZhouTrade Review‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’ -- Alexander Peukert, Goethe University, Frankfurt am Main, Germany‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’ -- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee 2. The Transplant and Transformation of Intellectual Property Laws in China Peter K.Yu 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? Niklas Bruun and Liguo Zhang 4. Intellectual Property Law Revision in China: Transplantation and Transformation Mingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW 5. Concept of Originality in Copyright Law in China and Europe Kan He 6. Orphan Works in China and Europe Yuying Guan 7. Art Law and Resale Rights in Europe and China Lin Zhou and Rosa Maria Ballardini 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? Liguo Zhang and Max Oker-Blom 9. The Glocalization of Patent Linkage In China Benjamin Pi-Wei Liu 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies Liguo Zhang PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment Weiguang Wu 12. Collective Rights Management in China and Europe: Between Market and Authority Nari Lee and Yang Li 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU Qi-shan Zhao 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China Yang Li and Nari Lee 15. The Emergence of Non-practicing Entities in China Kelli Larson 16. Special Intellectual Property Court in China Mingde Li 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and China Laura Tammenlehto and Kan He 19. Customs Enforcement of Intellectual Property in Europe and China Daniel Opoku Acquah and Kan He Index

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Book SynopsisThis rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective.Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law - antitrust and unfair competition - and within the overarching principle of free competition.The book traces the evolution of modern IP law, which it claims is marked heavily both by 'over-protectionist' trends - such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law - and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of 'innovation by competition', and 'competition by innovation', with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices.Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.Trade Review'The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini's book is a fascinating trip through the system of IP laws.' -- Beatriz Conde Gallego, Intellectual Property and Competition Law'Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library "International Economics" and "Judicial Studies" reference collections.' -- The Economics Shelf, Midwest Book Review'. . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition.' -- Mel Marquis, European Competition Law ReviewTable of ContentsContents: Preface by J.H. Reichman 1. Introduction and the General Framework 2. Patent Protection of Innovations: A Monopoly with a Wealth of Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Main Aspects and Critique of a European ‘Reform’ 5. On the ‘Intersection(s)’ of IP and Competition Law(s) Index

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

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Book Synopsis“Reproducible, ready-to-use forms are accompanied by step-by-step descriptions of the process involved in over twenty common legal issues. . . . Well designed and easy to use.” —American LibrariesLegal Forms for Everyone is the ultimate self-help legal guide that will save hours of research time and money in legal fees. Written by an experienced attorney, this book is complete with the most commonly needed, ready-to-use legal forms and precise instructions and checklists on how to use them, as well as advice about when you should hire an attorney. In addition, all the forms are online on a supplemental website to aid in customizing for individual needs.Readers will find forms and advice for a variety of legal situations, including preparing a will, avoiding probate, buying and selling real estate, handling divorce or separation, getting a new name, copyrights and trademarks, bankruptcy, and so much more. However, due to the ever-evolving legal system and the development of new technologies, Carl Battle has added to this new edition such changes as: How to protect against credit fraud, identity theft, and internet fraud How to navigate new electronic filing systems for copyrights, trademarks, and patents Updated information in filing fees, exemptions, and forms for filing for bankruptcy The latest information on filing for patents Legal Forms for Everyone is a comprehensive tool for getting in and out of legal situations without having to pay for that costly attorney. Trade Review“Self-help legal forms are presented in a guide that covers everything from making a will or organizing a living trust to contracting services and filing complaints in small claims court.” —Midwest Book Review“Reproducible, ready-to-use forms are accompanied by step-by-step descriptions of the process involved in over twenty common legal issues. . . . Well designed and easy to use . . . for do-it-yourselfers as well as people who have retained an attorney but want to understand what they’re paying them to do.” —American Libraries“A good variety of ready-to-use forms.” —Library Journal“Self-help legal forms are presented in a guide that covers everything from making a will or organizing a living trust to contracting services and filing complaints in small claims court.” —Midwest Book Review

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Book SynopsisMuch has changed in the fashion industry since the end of World War II to require more highly developed legal skills and, happily, a much greater allocation to legal expense. The industry is entirely global and a surprisingly large number of members have grown into mega multi-nationals, with large in-house legal departments and brand-name law firms to match the power of their own brand names. Explore the glamour and grit of the fashion world in this fun look at the stories behind the dresses, sunglasses, perfumes, and handbags.

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Book SynopsisAs trials become less common today, the need for teaching and enhancing trial skills increases. Now in its third edition, The Patent Trial Advocacy Casebook is a practical tool for both learning and enhancing trial skills for the specialized area of patent litigation. Every aspect of these materials is focused on improving students' proficiency in one event: the trial of a patent case. With the goal of developing skills through "learn-by-doing," this material is the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena. Based upon an hypothetical patent infringement controversy that has reached the trial stage, a jury trial in Federal Court. The volume's presents the case file, with all information necessary to prepare for the trial. Trial skills are developed through problems that are designed to simulate the courtroom proceedings in various portions of the full trial. Analysis of the problems from both the plaintiff's and the defendant's points of view are necessary for offensive and defensive strategies and tactics are successful in the case, and the setting simulates a courtroom atmosphere in all respects. These materials are the result of the authors' fifteen years of teaching an advanced course in trial practice geared specifically to a patent infringement trial, with its genesis a project for the American Bar Association and National Institute for Trial Advocacy as a program for practicing lawyers. Now in its third edition, the material has been refined specifically for students at Georgetown University Law Center in Washington, D.C.

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Book SynopsisAny and all songs are capable of being remixed. But not all remixes are treated equally. Rock This Way examines transformative musical works - cover songs, remixes, mash-ups, parodies, and soundalike songs - to discover what contemporary American culture sees as legitimate when it comes to making music that builds upon other songs.Trade ReviewRock This Way provides one of the best and most nuanced discussions of the ethics of creativity I have seen in relation to popular music. The choice of examples is rich and interesting; the lively language is clear, fluent and funny; and the interdisciplinary approach is skillful. This is a fantastic book." - Larisa Kingston Mann, Temple UniversityTable of Contents Acknowledgments Introduction: Rock This Way, or The Shape of Musical Norms Chapter 1. Judge a Song by its Cover: Cover Songs Between Transformation and Extraction Chapter 2. Stir It Up: Remix and the Problem of Genre Chapter 3. Monstrous Mash: Mashups and the Epistemology of Difference Chapter 4. Fight for Your Right to Parody: Parodies and the Cultural Politics of Kindness Chapter 5. Feels like the First Time: The Politics and Poetics of Similarity in Soundalikes Conclusion: Toward a Theory of Ethical Transformative Musical Works Data Appendix References

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Book SynopsisThey borrow from published works without attribution. They remake literary creation in the image of consumption. They celebrate the art of scissors and paste. Who are these outlaws? Postmodern culture-jammers or file-sharing teens? No, they are the...Trade ReviewPaul K. Saint-Amour's superb book is a sustained meditation on... the shaping pressures exerted by intellectual-property regimes upon the modern literary imagination.... We know that our cultural lifeblood is something we might as well call fair use—not a doctrine codified by lawmakers and construed by judges, but the homely good sense that can spread calm and tolerance in a crowded world of born imitators. Paul Saint-Amour's book helps us to become better citizens of our imitative culture. -- Robert Spoo * James Joyce Literary Supplement *Paul Saint-Amour's new book is a rich consideration of Western intellectual property law's relation to creative works and how several literary works are self-consciously engaged with contested copyright ideas.... Saint-Amour works to combine his interests in western intellectual property laws, and the directions those laws might have gone and might still go, with his interest in 'the literary property metadiscourse of late modernity.' The combination fruitfully registers the dangerous effects of increased copyright protections on creative freedoms, a danger Saint-Amour laments. -- Lisa Samuels * Symploke *

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Book SynopsisIn this deep dive into the Jamaican music world filled with the voices of creators, producers, and consumers, Larisa Kingston Mann - DJ, media law expert, and ethnographer - identifies how a culture of collaboration lies at the heart of Jamaican creative practices and legal personhood.

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Book SynopsisThis volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part Trade Review"The Handbook of Biodiversity and the Law, edited by Charles R. McManis and Burton Ong, is required reading for lawyers, scholars and policymakers for the most recent comprehensive scholarship on a broad spectrum of issues relating to biodiversity. In one single volume world renowned environmental law scholars examine cutting edge issues ranging from genetic resources, biosecurity, access and benefit sharing, synthetic biology, intellectual property, cultural heritage, conservation and sustainable use of marine biodiversity, indigenous peoples human rights and more. This will clearly become a 'must have' reference book." - Dr. Nilufer Oral, Law Faculty, Istanbul Bilgi University, Turkey"This book illuminates the complex set of legal issues surrounding biodiversity by examining them from a wide range of different perspectives. The editors are to be commended for the incredibly rich, varied, and informative scholarship that they have brought together in one volume." - Prof. Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsPart I: Introduction 1. Biodiversity and the Law: Mapping the International Legal Terrain 2. Biodiversity and the Law in Brief Part II: Conservation and Sustainable Use of Genetic Resources 3. Biodiversity in International Environmental Law Through the UN Sustainable Development Goals 4. Biodiversity, Protected Areas and the Law 5. The International Legal Framework for the Protection of and Sustainable Use of Marine Biological Diversity 6. Biosecurity, Invasive Species and the Law 7. Biotechnology, Biodiversity and the Environment 8. Legal Responses in the United States to Biodiversity Loss and Climate Change 9. China’s Biodiversity Law 10. The International Treaty on Plant Genetic Resources for Food and Agriculture: Toward the Realization of Farmers’ Rights as a Means of Protecting and Enhancing Crop Genetic Diversity Part III: Access and Benefit-Sharing 11. Access to and Benefit-Sharing of Marine Genetic Resources Beyond National Jurisdiction: Developing a New Legally Binding Instrument 12. The Impact of Natural Products Discovery Programs on our Knowledge of the Flora of Madagascar 13. Regulatory Measures on Access and Benefit-Sharing for Biological and Genetic Resources: National and Regional Perspectives from the Philippines, Singapore and ASEAN 14. One Step Forward, Two Steps Back? Implementing Access and Benefit-Sharing Legislation in South Africa 15. De-Materialising Genetic Resources: Synthetic Biology, Intellectual Property and the ABS Bypass Part IV: Traditional Knowledge Protection 16. Traditional Knowledge: Lessons from the Past, Lessons for the Future 17. Bioprospecting and Traditional Knowledge in Australia 18. If we have never been Modern, they have never been Traditional: ‘Traditional Knowledge’, Biodiversity, and the Flawed ABS Paradigm 19. Where Custom is the Law: State and User Obligations to 'Take into Consideration' Customary Law Governing Traditional Knowledge and Genetic Resources Part V: Biodiversity and Intellectual Property Protection 20. Biodiversity, Intangible Cultural Heritage and Intellectual Property 21. Intellectual Property, Biodiversity and Food Security 22. Sisyphus Redivivus? The Work of WIPO on Genetic Resources and Traditional Knowledge 23. Is the Whole Greater than the Sum of its Parts? A Critical Reflection on the WIPO IGC Part VI: The Ethics, Economics and Science-Policy Interface of Biodiversity Protection 24. Naturalizing Morality 25. Making Legal Use of the Valuation of Nature 26. Bounded Openness as the Modality for the Global Multilateral Benefit-Sharing Mechanism of the Nagoya Protocol 27. The IPBES, Biodiversity and the Law: Design, Functioning and Perspectives of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services

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Book SynopsisIdeas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection foTable of ContentsChapter 1 Introduction to the Law of IdeasChapter 2 Legal Theories of Idea ProtectionContract LawBreach of Express ContractBreach of Implied ContractUnjust Enrichment and Quasi-ContractBreach of Confidence or Confidential RelationshipMisappropriation of PropertyChapter 3 Intellectual Property Protection and PreemptionPatent LawCopyright LawTrademark LawTrade Secret LawFederal Preemption of State Law Theories of Idea ProtectionPatent PreemptionCopyright PreemptionTrade Secret PreemptionChapter 4 Requirements for Idea ProtectionThe Novelty RequirementThe Concreteness RequirementChapter 5 Scope of Liability for Idea TheftRecipient’s Use of the IdeaThe "Blurt-Out" DefenseThe Independent Development DefenseChapter 6 Comparative Approaches to Idea ProtectionProtection of Ideas under International Intellectual Property LawProtection of Ideas under National LawsChapter 7 Practical Aspects of Idea SubmissionsIdea Providers: The Nondisclosure AgreementIdea Recipients: The Idea Submission AgreementChapter 8 Selected Bibliography on the Law of IdeasIndex of Main Cases and AuthoritiesIndex of Terms

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Book SynopsisThis collection is the first to comprehensively examine the implications of AI technology on legal and regulatory systems. Featuring experts from Europe and the US, this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.Trade Review'There is a shift in the academic debate from the 'if' to the 'how' AI should and could be regulated. This volume covers a broad range of fields, from robotics to copyrights and financial services, all united in one question: what would a regulatory framework that allows us to de-mystify algorithms and get to grips with the commercialisation of data look like? The regulatability of AI is the key issue of our times. The ten contributions provide dense up-to-date information and enticing inspiration in the search for societally acceptable solutions.' Hans W. Micklitz, European University Institute'A timely book that finely addresses a crucial issue in the age of digitalization - the governance of algorithms - and helps to identify a new and necessary field of legal studies.' Ugo Pagallo, University of Turin'The ubiquity of algorithms in many areas of our lives has become one of the burning issues of our time, with legislators and policy-makers around the world grappling with the many challenges associated with Artificial Intelligence and Algorithms. This development is significant for many disciplines, including law. This collection of essays examines many of the legal issues of AI and algorithms and illustrates just how complex an area this has become. It will be welcomed by any reader interested in understanding the many legal and ethical questions which need to be resolved.' Christian Twigg-Flesner, University of Warwick'The book accomplishes a difficult task. It is an excellent source for those who dive for the first time into the legal challenges that AI poses to law … The book is written in such a clear manner that it allows an interdisciplinary understanding. The authors and editors should be applauded for the clarity with which they explore an extremely complex subject.' Francisco de Elizalde, PrometheusTable of ContentsPreface; 1. Robotics and Artificial Intelligence: The Present and Future Visions Sami Haddadin and Dennis Knobbe; 2. Regulating AI and Robotics: Ethical and Legal Challenges Martin Ebers; 3. Regulating Algorithms – How to De-Mystify the Alchemy of Code? Mario Martini; 4: Automated Decision-Making under Article 22 GDPR: Towards a More Substantial Regime for Solely Automated Decision-Making Diana Sancho; 5. Robot Machines and Civil Liability Susana Navas; 6. Extra-contractual Liability for Wrongs Committed by Autonomous Systems Ruth Janal; 7. Control of Algorithms in Financial Markets – the Example of High Frequency Trading Gerald Spindler; 8. Creativity of Algorithms and Copyright Susana Navas; 9. 'Wake Neutrality' of Artificial Intelligence Devices Brian Subirana, Renwick Bivings and Sanjay Sarma; 10. The (envisaged) Legal Framework of Commercialisation of Digital Data within the EU Björn Steinrötter.

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Book SynopsisThis book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design. Table of ContentsList of tablesList of boxesList of figuresPreface: the why1 What is fashion? How social and cultural norms make the world of fashion glimmer and mesmerise2 House of sartorial genius? History of imitation in the modern fashion industry3 Fashion as creativity- and emotions-intensive sector. Business perspectives and intellectual property strategies4 Copyrightability of fashion design in US and EU law: in search of a copynorm 5 Coloured by emotions: craft quality and seductive quality. Originality test revisited

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Book SynopsisThis book discusses the impact of intellectual property and international investment agreements within Africa. It investigates how African nations can enhance their current intellectual property legislation across various regions of the continent, while simultaneously fostering the development of local industries and stimulating innovation and creativity within the region.Despite intellectual property remaining a major issue in global trade governance, African countries have room to maximise the advantages that global intellectual property law can offer. Highlighting discourse on investment, intellectual property, and competition policies in Africa, the book underscores the need for African nations to develop intellectual property frameworks that can facilitate economic transformation. Using data from international intellectual property conventions, WTO dispute settlements and African regional organisation conventions, the book is a comprehensive call to action for African in

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Book SynopsisAdventures in Childhood looks at the business of play and the development of modern intellectual property rights as they evolved in the twentieth century. In doing so, the book explores the paradoxical relationship between exploitation and innocence and the controversies that underpin the construction of the child as a consumer.

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Book SynopsisThis new edition of Intellectual Property offers coverage of all major intellectual property rights and is designed to equip you with a strong understanding of the wealth of domestic, European and international laws at play in this area. This edition has been substantially updated and streamlined to ensure the book best fits the contemporary intellectual property syllabus.Table of Contents Part One PRELIMINARY CONSIDERATIONS 1 What are intellectual property rights? 2 Justification for intellectual property rights 3 Sources of intellectual property law 4 Enforcement of intellectual property rights and unjustified threats Part Two COPYRIGHT AND RELATED RIGHTS 5 Subsistence and duration of copyright 6 Authorship and ownership of copyright 7 Authors’ rights 8 Owners’ rights, infringement and remedies 9 Dealing with copyright 10 Defences and the permitted acts 11 Orphan works 12 Computer programs 13 Databases 14 Satellite broadcasting 15 Circumvention of effective technological measures 16 Electronic rights management information 17 Rights in performances Part Three RIGHTS IN DESIGNS 18 Introduction to design law 19 Community design 20 The UK registered design 21 The UK unregistered design right Part Four TRADE NAMES, SIGNS, MARKS, GOODWILL AND GET-UP 22 Introduction to trade marks and passing off 23 The UK trade mark – registrability and registration 24 The UK trade mark – grounds for refusal of registration and invalidity 25 The UK trade mark – property rights, surrender and revocation 26 The UK trade mark – rights, infringement and remedies 27 The UK trade mark – limitations, groundless threats and criminal offences 28 The new EU trade mark Directive 29 The European Union trade mark 30 Passing off 31 Malicious falsehood Part Five TRADE SECRETS AND INVENTIONS 32 Introduction to trade secrets and patents for inventions 33 Trade secrets and the law of confidence 34 Requirements for the grant of a patent 35 Non-inventions excluded from the grant of a patent (as such) 36 Other exclusions from the grant of a patent 37 Biotechnological patents 38 Entitlement to and dealing with patents 39 Patent infringement and remedies 40 Defences, groundless threats, revocation, invalidity and surrender 41 The European patent, unitary patent and the Unified Patents Court Appendix – Useful website addresses Bibliography and further reading Index

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

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Book SynopsisThe Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation. All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into seven parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark.Major changes to be covered by the new edition include: * New (''recast'') Trade Mark Directive, which covers new matters not included in the original Directive, e.g. some procedural matters* Amended Community Trade Mark Regulation - among likely changes are measures

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

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Book SynopsisAny and all songs are capable of being remixed. But not all remixes are treated equally. Rock This Way examines transformative musical works - cover songs, remixes, mash-ups, parodies, and soundalike songs - to discover what contemporary American culture sees as legitimate when it comes to making music that builds upon other songs.Trade ReviewRock This Way provides one of the best and most nuanced discussions of the ethics of creativity I have seen in relation to popular music. The choice of examples is rich and interesting; the lively language is clear, fluent and funny; and the interdisciplinary approach is skillful. This is a fantastic book." - Larisa Kingston Mann, Temple UniversityTable of Contents Acknowledgments Introduction: Rock This Way, or The Shape of Musical Norms Chapter 1. Judge a Song by its Cover: Cover Songs Between Transformation and Extraction Chapter 2. Stir It Up: Remix and the Problem of Genre Chapter 3. Monstrous Mash: Mashups and the Epistemology of Difference Chapter 4. Fight for Your Right to Parody: Parodies and the Cultural Politics of Kindness Chapter 5. Feels like the First Time: The Politics and Poetics of Similarity in Soundalikes Conclusion: Toward a Theory of Ethical Transformative Musical Works Data Appendix References

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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 SynopsisRival claims of ownership or control over various aspects of culture are a regular feature of our twenty-first-century world. Such debates are shaping disciplines as diverse as anthropology and archaeology, art history and museum studies, linguistics and genetics.This provocative collection of essays a series of case studies in cultural ownership by scholars from a range of fields explores issues of cultural heritage and intellectual property in a variety of contexts, from contests over tangible artefacts as well as more abstract forms of culture such as language and oral traditions to current studies of DNA and genes that combine nature and culture, and even new, nonproprietary models for the sharing of digital technologies. Each chapter sets the debate in its historical and disciplinary context and suggests how the approaches to these issues are changing or should change. One of the most innovative aspects of the volume is the way each author recognises the social dimensions of group ownership and demonstrates the need for negotiation and new models. The collection as a whole thus challenges the reader to reevaluate traditional ways of thinking about cultural ownership and to examine the broader social contexts within which negotiation over the ownership of culture is taking place. In addition to Laetitia La Follette, contributors include David Bollier, Stephen Clingman, Susan DiGiacomo, Oriol Pi-Sunyer, Margaret Speas, Banu Subramaniam, Joe Watkins, and H. Martin Wobst.

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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 SynopsisAn examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record--but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are thTrade ReviewThis new collection of eight essays fills a gap in the scholarship on patent history during the industrial era. The work brings together scholars whose expertise includes law, economics, business, science and technology, political science, and history.... This cohesive published result of their careful collective discussion explores the historical battle over the role that patents play in encouraging innovative activities.... In sum, the essays show the importance of patent law in the modern economic system. Recommended. * CHOICE *In a new series of essays, The Battle Over Patents, 10 economists, historians and lawyers make a compelling case that patents remain the best, if imperfect, way of rewarding inventors and disseminating knowledge. * Financial Times *Table of ContentsPreface Stephen Haber and Naomi R. Lamoreaux Introduction Stephen Haber and Naomi R. Lamoreaux Chapter 1. Patents in the History of the Semiconductor Industry: The Ricardian Hypothesis Alexander Galetovic Chapter 2. Do Patents Foster International Technology Transfer? Evidence from Spanish Steelmaking, 1850-1930 Victor Menaldo Chapter 3. Did James Watt's Patent(s) Really Delay the Industrial Revolution? Sean Bottomley Chapter 4. Dousing the Fires of Patent Litigation Christopher Beauchamp Chapter 5. Ninth Circuit Nursery: Patent Litigation and Industrial Development on the Pacific Coast, 1891-1925 Steven W. Usselman Chapter 6. The Great Patent Grab Jonathan M. Barnett Chapter 7. The Long History of Software Patenting in the United States Gerardo Con Diaz Chapter 8. History Matters: National Innovation Systems and Innovation Policies in Nations B. Zorina Khan Index

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Book SynopsisIn January 2012, millions participated in the now-infamous Internet blackout against the Stop Online Piracy Act. This book details the emergence of a global regime in which large Internet firms act as regulators for powerful intellectual property owners, challenging fundamental notions of democratic accountability.Trade Review"A timely, necessary intervention. ... Chokepoints offers a compelling interrogation into regulatory systems that intersect with issues of state and private surveillance and the digital rights of users online." * Surveillance and Society *Table of ContentsList of Tables Preface Acknowledgments Abbreviations 1. Secret Handshake Deals 2. Internet Firms Become Global Regulators 3. Revenue Chokepoints 4. Access Chokepoints 5. Marketplace Chokepoints 6. Changing the Enforcement Paradigm 7. A Future for Digital Rights Notes References Index

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Book SynopsisIn The Oxford Introductions to U.S. Law: Intellectual Property, prominent intellectual property scholar Daniel Hunter provides a precise, engaging overview and careful analysis of current laws of intellectual property and their history. Hunter first focuses on the central areas of intellectual property law, including copyright, patent, trademark, and trade secrets. He then moves beyond the basics, exploring the politics, economics, psychology and rhetoric of possession and control that influence and interact with this area of law. Hunter explains how intellectual property has contributed greatly to the innovations that we, as a society, need in our modern lives. He also describes ways in which the expansion of intellectual property can reduce innovation by stopping others from implementing great ideas or producing new work. Hunter helps readers think about modern intellectual property in a way that allows them to see how innovation and progress are linked to intellectual property law, Trade Review... for those students and researchers who are looking for a highly stimulating, but nonetheless thorough, introduction to the topic, this book is recommended. * Luke McDonagh, Journal of Intellectual Property Law and Practice 7: 9 *Table of ContentsChapter 1: Introduction ; Chapter 2: Copyright ; Chapter 3: Patent ; Chapter 4: Trademark ; Chapter 5: Trade Secrets ; Chapter 6: Related Rights

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Book SynopsisTo offer a core concept of intellectual property, to consider various justifications for the recognition of intellectual property rights and to expound their operation in particular areas of activity is the purpose of this book.It is essential to examine both the concept of intellectual property and the reasons why a legal system might incorporate such a concept. We are increasingly told that the wealth of nations, consists in ''intangible assets''. These are the intangible products of human creativity, ingenuity and effort. It is frequently argued that these assets represent the future of the developed economies and that their adequate protection by the intellectual property regimes is essential to national, regional, and even global, prosperity. We are also told that the creators of such assets have a strong moral claim to them, and that developed legal systems should recognise this claim. This text examines the ethical issues and debates surrounding intellectual property law and focTable of Contents1. The Concept of Intellectual Property ; 2. The Justification of Intellectual Property ; 3. The Protection of Creative Assets ; 4. The Protection of Technology Assets ; 5. The Protection of Marketing Assets ; 6. The Protection of Information Assets

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Book SynopsisThe prominence of the Advocate General is one of the most distinctive, and controversial, features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. The book examines the history of the role, the questions over its future, and the role''s importance in the procedures of the Court. The book also analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination and Jean Pierre Warner on competition procedure. The book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability and direct effect.Trade ReviewThis book is a welcome addition to academic literature...the topical approach chosen by the authors has lead to an interesting study, both from a substantive and from an institutional law perspective. * Silvia Romein, European Foreign Affairs Review, 13 *The book provides a meritorious basis for future work and can be applauded for bravely encouraging discussion of the controversial and topical issue of the future of the Advocate General as an institution. Anyone undertaking further research in this field will find much to learn from the analytical work of Burrows and Greaves. * King's Law Journal *Table of Contents1. Introduction ; PART I: THE ADVOCATE GENERAL AS A MEMBER OF THE ECJ ; 2. The Place of the Advocate General in the procedure of the European Community Courts ; 3. The Advocate General and Human Rights Standards ; PART II: SELECTED ADVOCATES GENERAL AND SPECIFIC AREAS OF COMMUNITY LAW ; 4. The First Advocate General- Maurice Lagrange ; 5. Walter van Gerven and the Principle of Equal Treatment of Men and Women ; 6. Advocate General Jacobs' Opinions and Intellectual Property Law ; 7. Advocate General Jean Pierre Warner and EC Competition Law ; PART III: SOME FUNDAMENTAL CONCEPTS OF COMMUNITY LAW AND THE OPINIONS OF ADVOCATES GENERAL ; 8. The Advocates General and the Development of the Principle of Direct Effect ; 9. The Contribution of Advocates General to the Development of the Principle of State Liability in the European Community's Legal Order ; 10. The Advocates General and the Concept of Citizenship ; 11. Conclusion

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Book SynopsisIn recent years, Intellectual Property Rights - both in the form of patents and copyrights - have expanded in their coverage, the breadth and depth of protection, and the tightness of their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries.This volume, first, addresses from different angles the effects of IPR on the processes of innovation and innovation diffusion in general, and with respect to developing countries in particular. Contrary to a widespread view, there is very little evidence that the rates of innovation increase with the tightness of IPR even in developed countries. Conversely, in many circumstances, tight IPR represents an obstacle to imitation and innovation diffusion in developing countries.What can policies do then? This is the second major theme of the book which offers several detailed discTable of Contents1. Introduction ; PART I: IPR, INNOVATION AND DEVELOPMENT: ECONOMIC HISTORY AND THEORY ; 2. Innovation, Technical Change and Patents in the Development Process: A Long Term View ; 3. Lessons from the Economics Literature on the Likely Consequences of International Harmonization of IPR Protection ; 4. Intellectual Property in the Twenty-First Century: Will the Developing Countries Lead or Follow? ; PART II: KNOWLEDGE APPROPRIATION AND DEVELOPMENT ; 5. Ethical Incentives for Innovation ; 6. Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience ; PART III: EXPERIENCES FROM PUBLIC HEALTH, AGRICULTURE, AND GREEN TECHNOLOGY ; 7. IPRs, Public Health, and the Pharmaceutical Industry: Issues in the Post-2005 TRIPS Agenda ; 8. Innovation, Appropriability, and Productivity Growth in Agriculture: A Broad Historical Viewpoint ; 9. The Distributive Impact of Intellectual Property Regimes: Report from the 'Natural Experiment' of the Green Revolution ; 10. Securing the Global Crop Commons in Support of Agricultural Innovation ; 11. Mode of Entry for Emerging Markets: An Ex-Ante and Ex-Post Perspective of the Open Source Development and Management of Biotechnology Knowledge Assets ; 12. Intellectual Property and Alternatives: Strategies for Green Innovations ; 13. Economic and Legal Considerations for the International Transfer of Environmentally Sound Technologies ; PART IV: CHALLENGES FOR GOVERNANCE AND POLICYMAKING ; 14. Multilateral Agreements and Policy Opportunities ; 15. Preferential Trade Agreements and Intellectual Property Rights ; 16. Industrial Policy and IPR: A Knowledge Governance Approach ; PART V. CONCLUSION ; Policy Options and Requirements for Institutional Reform

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Book SynopsisWith a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly European legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.Trade ReviewThis edited collection is an excellent guide and read for those searching for the lore behind European IP. The ambition to explore IP as a case study in private law Europeanisation is unique and a real contribution to scholarship in Europe and elsewhere It further emphasizes the uniqueness of IP as an independent field for judicial enquiry and not merely as a species of property. This edited collection succeeds in offering a natural starting point for thinking about a common European legal method, and the form which such a method might and ought to take (p.23) It is not only a fascinating journey through the thoughts and wisdom of the leading experts that have contributed to the volume, but a real pioneering learning experience. * Lior Zemer, Radzyner School of Law, Interdisciplinary centre, Herzliya *The book offers an insightful approach to an area of EU law that remains relatively unexplored, although increasingly significant. The result is a thought-provoking book. Thanks to comprehensive theoretical analysis, intriguing perspective, and critical account of historical developments, and the Europeanization of Intellectual Property Law is a book for everyone interested in the future of EU intellectual property law and private law in general. * Stavroula Karapapa, Yearbook of European Law *Table of ContentsPART I: THE EUROPEANIZATION OF INTELLECTUAL PROPERTY LAW ; 1. Intellectual Property as a Case Study in Europeanization: Methodological Themes and Context ; 2. An Overview of European Harmonization Measures in Intellectual Property Law ; PART II: HARMONIZATION MODELS AND APPROACHES ; 3. The Europeanization of Patent Law: Towards a Competitive Model ; 4. Is Harmonization a Good Thinga The Case of the Copyright Acquis ; 5. The Europeanization of Trade Mark Law ; PART III: THE IMPACT OF GENERAL EU LAW ; 6. The Impact of General European Union Law on Industrial Property Law ; 7. The Balancing Impact of General European Union Law on European Intellectual Property Jurisprudence ; PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES ; 8. The European Fundamental Rights and Intellectual Property ; 9. Rhetoric and Reality: The Impact of Constitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of Peer to Peer ; PART V: EUROPEAN AND NATIONAL COURTS ; 10. The Relationship between European and National Courts in Intellectual Property Law ; 11. Towards a Unified Patent Court in Europe ; 12. The Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture ; PART VI: TOWARDS A EUROPEAN LEGAL METHODOLOGY? ; 13. A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology ; 14. Concluding Remarks: Postmodernism and Beyond

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Book SynopsisThe first of its kind because it uses both Cantonese and Mandarin romanizations. It features over 6,000 of the most commonly used single-characters and over 12,000 terms to illustrate the use of the characters.

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Book SynopsisOne of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.Trade Review'Whilst the book contains many historical details about various statutes, the authors are much more concerned with concepts, narratives and trends. Their real aim is to provide a better understanding of modern intellectual property law and the problems that are associated with it. … This is an excellent and much needed contribution to the study of intellectual property law. Far too often those working in this field are concerned solely with the day to day development of its object of protection and the need to protect various (new) forms of creation and innovation. This book provides the in depth analysis of the concepts that should shape the development of a coherent long-term strategy. ' Paul Torremans, University of Leicester'Bently and Sherman take a wide legal perspective and offer helpful readings and insights, although always acknowledging the fluidity of the themes and concepts they address. It is an ambitious project, persuasively executed. They make a convincing case for their argument that a sensitive appraisal and understanding of past narratives is essential if - as we must - we are to create the new narratives needed to meet new demands.' The Cambridge Law Journal'This is a very readable and thought provoking book which should be of interest to anyone concerned with the philosophical basis of intellectual property law and the reform of that law to accommodate the demands of twenty-first entry technology. The authors certainly make their point that to know where we are going, we need to know where we began.' Media & Arts Law ReviewTable of ContentsPart I. Towards a Property in Intangibles: 1. Property in mental labour; 2. The mentality of intangible property; Part II. The Emergence of a Modern Intellectual Property Law: 3. Designing the law; 4. Managing the legal boundaries; Part III. Towards an Intellectual Property Law: 5. Crystallization of the categories; 6. Completing the framework; 7. Explanations for the shape of intellectual property law; Part IV. Transformations in the Intellectual Property Law: 8. Changes in the framework; 9. From creation to object; 10. Closure and its consequences; 11. Remembering and forgetting; Bibliography.

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

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Book SynopsisThis groundbreaking work offers a first-of-its-kind overview of legal informatics, the academic discipline underlying the technological transformation and economics of the legal industry. Edited by Daniel Martin Katz, Ron Dolin, and Michael J. Bommarito, and featuring contributions from more than two dozen academic and industry experts, chapters cover the history and principles of legal informatics and background technical concepts including natural language processing and distributed ledger technology. The volume also presents real-world case studies that offer important insights into document review, due diligence, compliance, case prediction, billing, negotiation and settlement, contracting, patent management, legal research, and online dispute resolution. Written for both technical and non-technical readers, Legal Informatics is the ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.Trade Review'This is not just a book. It is a movement. In this superb collection, Katz, Dolin, and Bommarito not only provide a comprehensive primer on why the market for legal services is being disrupted, and how this disruption will take place, but also lay the groundwork for a whole new discipline - legal informatics - that can supply the intellectual and practical scaffolding for the new legal world these changes will bring into being. It is required reading for anyone seeking to participate in this transformation, or who will be affected by it - which, as this seminal volume makes clear, is all of us.' David Wilkins, Lester Kissel Professor of Law and Faculty Director of the Center on the Legal Profession, Harvard Law School'This volume is a treasure trove for anyone interested in how technology can enable and enhance the delivery of legal services. The editors have done a first rate job of curating the research, insights and practical experiences of many of the world's leading experts. The field of legal informatics, at least 60 years of age, at last has its own definitive text.' Richard Susskind OBE, President of the Society for Computers and Law, author of Tomorrow's Lawyers'Informatics is not the frontier of law. It has lurched toward the center, shoved forward by the rush to embed algorithmic decision making into everything from cars to phones to facial recognition technology. Whether you are a newcomer in search of a curated overview, or a #legaltech frequent flyer looking for the state of the art, this is the one book you need to make sense of it all.' Eddie Hartman, Co-founder of LegalZoom, Partner at Simon-Kucher & PartnersTable of ContentsPart I. Introduction to Legal Informatics: 1. Motivation and Rationale for this Book Daniel Martin Katz, Ron Dolin and Michael J. Bommarito II; 2. Technology Issues in Legal Philosophy Ron Dolin; 3. The Origins and History of Legal Informatics Michael J. Bommarito II; Part II. Legal Informatics – Building Blocks and Core Concepts: 4. Representation of Legal Information Katie Atkinson; 5. Information Intermediation Ron Dolin; 6. Preprocessing Data Michael J. Bommarito II; 7. XML in Law: The Role of Standards in Legal Informatics Ron Dolin; 8. Document Assembly and Automation Marc Lauritsen; 9. AI + Law: An Overview Daniel Martin Katz; 10. Machine Learning Daniel Martin Katz and John Nay; 11. Natural Language Processing for Legal Texts John Nay; 12. Introduction to Blockchain and Cryptography Nelson M. Rosario; 13. Legal Informatics-Based Technology in Broader Workflows Kenneth Grady; 14. Gamification of Work and Feedback Systems Stephanie Kimbro; 15. Introduction to Design Thinking for Law Margaret Hagan; 16. Measuring Legal Quality Ron Dolin; Part III. Legal Informatics Use Cases: 17. Contract Analytics Noah Waisberg: 18. Contracts as Interfaces: Visual Representation Patterns in Contract Design Helena Haapio and Stefania Passera; 19. Distributed Ledgers, Cryptography, and Smart Contracts Nina Gunther Kilbride; 20. Patent Analytics: Information from Innovation Jevin D. West and Andrew W. Torrance; 21. The Core Concepts of E-Discovery Jonathan Kerry-Tyerman and AJ Shankar; 22. Predictive Coding in E-Discovery and The NexLP Story Engine Irina Matveeva; 23. Examining Public Court Data to Understand and Predict Bankruptcy Case Results Warren Agin; 24. Fastcase, and the Visual Understanding of Judicial Precedents Ed Walters and Jeff Asjes; 25. Mining Information from Statutory Texts in a Public Health Domain Kevin Ashley; 26. Gov2Vec: A Case Study in Text Model Application to Government Data John Nay; 27. Representation and Automation of Legal Information Katie Atkinson; 28. Online Dispute Resolution Dave Orr and Colin Rule; 29. Access to Justice and Technology: Reaching a Greater Future for Legal Aid Ronald W. Staudt and Alexander F. A. Rabanal; 30. Designing Legal Experiences: Online Communication and Resolution in Courts Maximilian A. Bulinski and J.J. Prescott; Part IV. Legal Informatics in the Industrial Context: 31. Adaptive Innovation: The Innovator's Dilemma in Big Law Ron Dolin and Thomas Buley; 32. Legal Data Access Christine Bannan; 33. A History of Knowledge Management at Littler Mendelsohn Scott Rechtshaffen; 34. Google Legal Operations Mary O'Carroll amd Stephanie Kimbro.

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

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Book SynopsisFor many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based - and so IP needs to be considered very early in the planning process. Intellectual Property: From Creation to Commercialisation provides a detailed grounding for innovators and researchers. The book starts with the source of innovation - that is, at the point where resourcefulness and creativity combine to develop new opportunities through problem-solving - and examines the critical steps that need to be carefully managed in the process surrounding the creation of IP and managing its development from concept through to exploitation. This involves the steps of identifying, capturing and assessing the value of IP. Useful recommendations for managing the transfer of IP from a research environment to the knowledge economy are provided and case studies illustrate pitfalls to watch out for. Readers can expect to gain a broad understanding of IP and the innovation process. Specifically, they will learn: > The benefits of implementing procedures to ensure that IP can be protected, managed and exploited effectively. > How to assess the most appropriate routes to market, such as licensing or sale of their IP, or establishing a spin-out company to deliver a service or product offering. > How to present a viable business case to potential funders and investors.

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Book SynopsisThis Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. YuTrade Review'Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' --Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, SwitzerlandThe concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' --Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London'This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' --Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of LawTable of ContentsContents: PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION 1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh 2. The Economic Rationale for Exhaustion: Distribution and Post-Sale Restraints Ariel Katz 3. Exhaustion and Personal Property Servitudes Molly Shaffer Van Houweling 4. “Exhaustion” in the Digital Age Reto M. Hilty PART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT 5. International Intellectual Property Rules and Parallel Imports Susy Frankel and Daniel J. Gervais 6. Economic Perspectives on Exhaustion and Parallel Imports Keith E. Maskus 7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law) Vincent Chiappetta 8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions Frederick M. Abbott PART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion Plus Christopher M. Stothers 10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP Folks Ng-Loy Wee Loon 11. Parallel Imports and the Principle of Exhaustion of Rights in Latin America Carlos M. Correa and Juan I. Correa 12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States John A. Rothchild, PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law Practice Josef Drexl 14. Regulatory Responses to International Patent Exhaustion Sarah R. Wasserman Rajec 15. Patent Exhaustion Rules and Self-Replicating Technologies Christopher Heath 16. Development of Patent Exhaustion in Mainland China Xiang Yu and Conghui Yin 17. The Hermeneutics of the Patent Exhaustion Doctrine in India Yogesh Pai PART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION 18. Trademark Exhaustion and Its Interface With EU Competition Law Apostolos G. Chronopoulos and Spyros M. Maniatis 19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEAN Irene Calboli 20. Using Trademark Law to Override Copyright’s First Sale Rule for Imported Copies in the United States Mary LaFrance 21. New Developments on Trademark Exhaustion in Korea Byungil Kim 22. Trademark Exhaustion and the Internet of Resold Things Yvette Joy Liebesman and Benjamin Wilson PART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION 23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion? Kung-Chung Liu 24. The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion Marketa Trimble 25. From Importation to Digital Exhaustion: A Canadian Copyright Perspective Pierre-Emmanuel Moyse 26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of Clarification Guido Westkamp 27. Digital Copyright Exhaustion and Personal Property Aaron Perzanowski and Jason Schultz Index

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