Intellectual property law Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisThe principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prévost, S.J. Schaafsma, L. SchnellerTable of ContentsContents: Introduction to the series Introduction Anselm Kamperman Sanders PART I INTERNATIONAL TRADE LAW 1. The Philosophy of Non-discrimination in International Trade Regulation Thomas Cottier and Lena Schneller 2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination Lothar Ehring 3. National Treatment under the General Agreement on Trade in Services James Flett 4. National Treatment under the TBT Agreement Arthur E. Appleton 5. National Treatment in the SPS Agreement: A Sui Generis Obligation Denise Prévost PART II INTERNATIONAL INVESTMENT LAW 6. National Treatment in Emerging Market Investment Treaties David Collins 7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development Leila Choukroune PART III INTELLECTUAL PROPERTY LAW 8. National Treatment under the Paris Convention Christopher Heath 9. National Treatment in Copyright and Related Rights: How Much Work Does it Do? Robert Brauneis 10. National Treatment under the TRIPS Agreement Anselm Kamperman Sanders 11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment Sierd J. Schaafsma Index

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Book SynopsisThe patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics.This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues.Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. ZhuangTable of ContentsContents: PART I Introduction 1. Emerging Markets and the World Patent Order: The Forces of Change Frederick M. Abbott, Carlos M. Correa and Peter Drahos PART II Context 2. Intellectual Property Activity Worldwide – Key Trends, Facts, and Figures Carsten Fink 3. The Geo-politics of the World Patent Order Susan K. Sell 4. Rethinking the Patent System from the Perspective of Economics Haiyang Zhang 5. Rethinking the Role of the Patent Office from the Perspective of Responsive Regulation Peter Drahos 6. The Technology Transfer Debates and the Role of Emerging Economies Padmashree Gehl Sampath and Pedro Roffe 7. Development Strategies of Emerging Economies in the Era of Climate Change: Do Patent Statistics Tell us Anything? Konstantinos Karachalios PART III The BRICS Brazil 8. Patents and the Emerging Markets of Latin America – Brazil Denis Borges Barbosa China 9. Evolution of the Patent System in China Wei Zhuang India 10. India in the World Patent Order Rajeev Kher Russia 11. Russian Trip to the TRIPS: Patent Protection, Innovation Promotion and Public Health Tetyana Payosova South Africa 12. Harmonizing the National Policies for Healthcare, Pharmaceutical Industry and Intellectual Property: The South African Experience Andre Kudlinski 13. Patent Law in Emerging Economies: South Africa Yousuf A. Vawda PART IV ASEAN 14. Patents and the Emerging Markets of Asia: ASEAN and Thailand Jakkrit Kuanpoth PART V The Middle East 15. IP Policy and Regulation in the Arab World: Changes, Challenges and Opportunities Mohammed El Said PART VI The OECD Response Europe 16. The Impact of Emerging Market Patent Systems on Europe: Awaiting “The Rape of Europa”? Geetrui Van Overwalle Japan 17. IP-Based Nation: Strategy of Japan Yoshiyuki Tamura USA 18. The United States Response to Emerging Technological Powers Frederick M. Abbott

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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 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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Book SynopsisAs intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.'- Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade.In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets.The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis.Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. WestphalTrade Review‘As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today’s global business environment. And educators will find it an important reference for training future business leaders.’ -- Daniel R. Cahoy, Penn State University, USTable of ContentsContents: Introduction Lynda J. Oswald and Marisa Anne Pagnattaro PART I: PUBLIC POLICY CONSIDERATIONS 1. The Individual Liability of Corporate Officers Under Patent and Copyright Law Lynda J. Oswald 2. Employee-Created Health Care Innovation at a Crossroads Julie Manning Magid 3. Contracts for Knowledge Protection Across a Global Workforce Norman D. Bishara PART II: WORKPLACE RAMIFICATIONS 4. Certification Marks as Private Employment Regulation Jamie Darin Prenkert 5. The Intersection of Smartphone Technology and Fair Labor Standards Robert C. Bird PART III: GLOBAL INTERSECTIONS 6. Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft Marisa Anne Pagnattaro and Stephen Kim Park 7. Reducing the Risk of Cross-Border Trade Secret Misappropriation Elizabeth A. Brown 8. Who Owns Employee Works? Pitfalls in a Globally Distributed Work Environment Susan J. Marsnik and Romain L. Lorentz 9. Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis David Orozco 10. Political, Economic, and Public Policy Constraints on the Use of Human Resource Practices to Protect Intellectual Property in China and the United States Christine M. Westphal Index

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Book SynopsisIntellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective. This Research Handbook is written in an accessible style that will appeal to intellectual property law scholars, practitioners and experts in the life sciences who are interested in the legal implications of IP for the life sciences.Contributors include: J. Allred, T. Avafia, C. Chiarolla, D. Degen, J.M. Golden, S. Gosh, M. Graf, J. Harrington, A. Heinemann, M.D. Janis, M. Kock, D. Matthews, C.R. McManis, A. Metzger, T. Minssen, C. Mund, P. Paranaguá, A. Plomer, S. Ragavan, M. Rimmer, C. Seitz, T. Takenaka, G. Van Overwalle, D. Wächter, G. Würtenberger, Z. Xinfeng, B. Yagi, B. Yao, H. ZechTrade Review'This exciting volume offers fresh perspectives on the role of IP in areas of high importance, including traditional pharmaceutical industries, biologic drugs and biotechnology, and agriculture. The book also features analyses of IP in national and regional approaches to research and development, and fresh case studies of country experiences. With the participation of authors from a wide range of countries, the volume provides new insights on the law and politics of IP in the life sciences with a truly global perspective. This book will serve as a valuable reference for scholars, students, and practioners.' --Ken Shadlen, London School of Economics and Political Science'In this topical and accessible book Duncan Matthews and Herbert Zech have brought together scholarly work of the highest quality, written by leading experts in the field. Each chapter addresses current issues at the interface of intellectual property and the life sciences in a detailed and comprehensive manner. It is a cogent and thorough volume, written with great clarity and compiled deftly. The book is highly recommended to academic scholars and practitioners alike.' --Maximilian Haedicke, University of Freiburg, GermanyTable of ContentsContents: Preface Part I - Medicine and Pharmaceutics 1. Patenting Biosimilars Claudia Mund 2. Patenting Diagnostics Dieter Wächter 3. Patenting Human Genes in Europe- And how it compares to the US and Australia Timo Minssen 4. Patenting Human Genes in the United States Samantak Gosh 5. An Exorbitant Monopoly: The High Court of Australia, Myriad Genetics, and Gene Patents Matthew Rimmer 6. Exclusivity for Biologics Duncan Matthews Part II - Agricultural Sector (Crop Sciences) 7. Protection of Plant Innovations Gert Würtenberger 8. Patenting Non Transgenic Plants in the EU Michael A. Kock 9. Non-Obvious Plants Mark D. Janis 10. Transgenic Plants James Allred 11. Convention on Biological Diversity and Regulatory Law as Plant Protection Claudio Chiarolla 12. Patents on Native Traits: What Scope of Protection? Axel Metzger Part III - Research and Development 13. The European Union’s IP Policy and Funding of Stem Cell Research Aurora Plomer 14. Stem Cell Patents in the United States John M. Golden 15. Early Stage Patenting, the US Bayh-Dole Act, and the Anti-Commons Hypothesis Charles R. McManis and Brian Yagi 16. IP in Research and Development Agreements Melanie Graf and Herbert Zech 17. Patent pools and clearinghouses in the life sciences: back to the future Geertrui Van Overwalle Part IV - Country Case Studies in IP and the Life Sciences 18. Understanding the Brazilian Patent Reform Pedro Paranaguá 19. IP protection in the life sciences in China Lin Xiuqin and Zhang Xinfeng 20. Diverse Harmonization: Indian Example Srividhya Ragavan 21. Life Science Research and Patents in Japan: A Comparative Study of Life Science Invention Patentability between the Japanese and US Patent Acts Toshiko Takenaka 22. Intellectual Property and the Life Sciences in Kenya: Enforcement and Access to Medicines John Harrington 23. IP and Life Sciences: A Case Study of South Africa Tenu Avafia 24. Thailand’s Compulsory Licenses and the Increase of Investment Arbitration David B. Degen Part V - Boundaries of IP and the Life Sciences 25. Parallel Imports within the European Union Gert Würtenberger 26. Pay for Delay Agreements Claudia Seitz 27. Abusive Filing of IP Rights Andreas Heinemann Index

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Book SynopsisEngaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analyzing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licenses, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties.With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners.Contributors include: O. Kokoulina, B. Lundqvist, M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad, J. Schovsbo, S.F. Schwemer, H. Udsen, E. van ZimmerenTrade ReviewUser Generated Law contains fascinating insights into how models of self-regulation in the IP sector have developed, and how they operate within the State enacted framework. The authors take a number of case studies within different IP fields including collective management and extended collective licenses, cross-border online licensing, patent pools and clearinghouses, and domain names to examine what forces are at play that encourage the emergence of 'autonomy spaces', spaces that the authors argue are present where public policy considerations play only a small role in the overall framework. It is in these spaces that the self-regulatory models can thrive. This book contains thought-provoking contributions that should cause the reader to review our IP framework and to re-think how user-generated law might operate to the benefit of the stakeholders.' --Charlotte Waelde, University of Exeter, UK'As the classic science fiction film Tron notes, we need to fight for the users. This collection does just that in its exploration of user generated law. In particular, it examines the rise of the commons open source licensing, patent clearinghouses, patent pools, the private regulation of internet domain names, and cross border licensing. The collection is particularly significant given the significant evolution of user generated law in our knowledge ecology.' --Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: Preface 1. User Generated Law. Re-constructing Intellectual Property Law in a Knowledge Society Thomas Riis 2. Information Abundance and Knowledge Commons Michael J. Madison 3. Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses Thomas Riis, Ole-Andreas Rognstad and Jens Schovsbo 4. Emerging Models for Cross-border Online Licensing Sebastian Felix Schwemer 5. Open Source Licenses Henrik Udsen 6. IP Coordination Models: Revealing some of the “Magic” behind Patent Pools and Clearinghouses? Esther van Zimmeren 7. More competition-law-FRANDly IPR policies: A Solution to SSOs’ Problems of Self-governance? Olga Kokoulina and Timo Minssen 8. “The Rise of Standardization and the Limits of Self-Governance”: Unilateral Conduct under International Standards from an EU Competition Law Perspective Björn Lundqvist 9. The Private Legal Governance of Domain Names Jens Schovsbo 10. Private Enforcement of IP Law by Internet Service Providers: Notice and Action Procedures Clement Salung Petersen and Thomas Riis Index

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Book SynopsisThe phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law.Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Síthigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. WilliamsTrade Review‘This very interesting collection of papers looks at the interface between intellectual property protection and the media and entertainment industries. . . This book covers a diverse array of subjects, which emphasise the creative fertility of intellectual property law and its scholars.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction Megan Richardson and Sam Ricketson 1. Intellectual Property in News? Why Not? Sam Ricketson and Jane Ginsburg 2. Emerging Rights in Live Spectacles and Other Ephemera David S. Caudill 3. Fair Dealing After Deckmyn: The United Kingdom’s Defence for Caricature, Parody and Pastiche Jonathan Griffiths 4. Fair Use and Transformative Play in the Digital Age David Tan 5. ‘Someone is Angry on the Internet’: Copyright, Creativity and Control in the Context of Fan Fiction Melissa de Zwart 6. The Dancing Baby: Copyright Law, YouTube, and Music Videos Matthew Rimmer 7. One Ring to Rule Them All: Rights in Live Performances Mark Williams 8. A Matter of Respect: The Moral Rights of the Entertainer Elizabeth Adeney 9. Entertaining Foreign Copyrights Graeme W. Austin 10. A Seamless Global Digital Marketplace of Entertainment Content Peter K. Yu 11. Recoding Famous Brands in Advertising and in Entertainment Products: Case Studies on the So-called Harms of Trade Mark Dilution Michael Handler 12. Lego’s System of Play Meets Intellectual Property: From the Engineered Object to Digital Media Dan Hunter and Julian Thomas 13. The Game’s the Thing: Property, Priorities and Perceptions in the Video Games Industries Daithí Mac Síthigh 14. Opportunity Knocks for Dramatic Copyright in Television Formats Lindy Golding 15. Filling the IP Gap: Privacy and Tabloidism Tanya Aplin 16. Publicity Right, Personality Right, or Just Confusion? Graeme Dinwoodie and Megan Richardson 17. Traditional Knowledge as Entertainment Susy Frankel Index

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Book SynopsisThis research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.Trade Review‘This volume collects key writings on the concept of the public domain, in both copyright and patent, offering a selection of indispensable writings. The contents include some of the most influential writings on intellectual property and its limits from the past few decades, using the structuring idea of what must be free for all to use to understand what can be protected by intellectual property law.’ -- Rebecca Tushnet, Harvard Law School, USTable of ContentsContents: Introduction Robert P. Merges and Amy L. Landers PART I DEFINING THE PUBLIC DOMAIN 1. David Lange (1981), ‘Recognizing the Public Domain’, Law and Contemporary Problems, 44 (4), Autumn, 147–78 2. Jessica Litman (1990), ‘The Public Domain’, Emory Law Journal, 39 (4), Fall, 965–1023 3. Pamela Samuelson (2006), ‘Enriching Discourse on Public Domains’, Duke Law Journal, 55 (4), February, 783–834 PART II Justifications FOR the Public Domain 4. Yochai Benkler (1999), ‘Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain’, New York University Law Review, 74 (2), May, 354–446 5. Julie E. Cohen (2005), ‘The Place of the User in Copyright Law’, Fordam Law Review, 74 (2), November, 347–74 6. Wendy J. Gordon (1993), ‘A Property Right in Self Expression: Equality and Individualism in the Natural Law of Intellectual Property’, Yale Law Journal, 102 (7), May, 1533–609 7. Lawrence Lessig (2004), ‘Free(ing) Culture for Remix’, Utah Law Review, 961–75 8. Paul Goldstein (1971), ‘The Competitive Mandate: From Sears to Lear’, California Law Review, 59 (4), June, 873–904 PART III ACCESS TO INFORMATION IN THE PUBLIC DOMAIN 9. James Boyle (2003), ‘The Second Enclosure Movement and the Construction of the Public Domain’, Law and Contemporary Problems, 66 (1/2), Winter/Spring, 33–74 10. Randal C. Picker (2012), ‘Access and the Public Domain’, San Diego Law Review, 49, 1183–214 11. Robert P. Merges (1996), ‘Property Rights Theory and the Commons: The Case of Scientific Research’, Social Philosophy and Policy, 13 (2), July, 145–67 12. Rochelle Dreyfuss (2004), ‘Protecting the Public Domain of Science: Has the Time for an Experimental Use Defense Arrived?’, Arizona Law Review, 46 (3), 457–72 PART IV CREATING WITHIN THE COMMONS 13. Lawrence Lessig (2004), ‘The Creative Commons’, Montana Law Review, 65 (1), Winter, 1–13 14. Yochai Benkler (2002), ‘Coase’s Penguin or, Linux and “The Nature of the Firm”’, Yale Law Journal, 112 (3), December, 369–446 15. Jason Schultz and Jennifer M. Urban (2012), ‘Protecting Open Innovation: The Defensive Patent License as a New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament’, Harvard Journal of Law and Technology, 26 (1), Fall, 1–67 16. Michael J. Madison, Brett M. Frischmann and Katherine J. Strandburg (2010), ‘Constructing Commons in the Cultural Environment’, Cornell Law Review, 95 (4), 657–709 PART V REFLECTIONS ON THE PUBLIC DOMAIN 17. Robert P. Merges (2004), ‘A New Dynamism in the Public Domain’, University of Chicago Law Review, 71 (1), Winter, 183–203 18. Anupam Chander and Madhavi Sunder (2004), ‘The Romance of the Public Domain’, California Law Review, 92 (5), October, 1331–73 Index

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Book SynopsisWhat is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments.Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification.Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.Trade Review'The protection of intellectual property rights in international investment law has considerable potential for future development. This pioneering work is full of nuanced and insightful analysis. It is a must for academics and practitioners in the field' --Christoph Schreuer, University of Vienna, AustriaTable of ContentsContents: I. Intellectual Property Rights as Foreign Direct Investments: Does Intellectual Property (and Related Rights) Qualify as an ‘Investment’? 2. Protection Against Expropriation, National Treatment, Most-Favoured-Nation and Fair and Equitable Treatment Standards of Protection and their Relevance in the Context of Intellectual Property Rights Investments 3. Intellectual Property Rights Investments – Key Issues 4. Intellectual Property Rights Investments: Mapping Uncharted Waters Conclusion Index

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Book SynopsisThis volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.Trade Review‘A very useful collection of exemplary published articles for every reader who wants to obtain an easy overview and to become more familiar with the whole area of intellectual property in the European legal framework.’Table of ContentsContents: Introduction Jan Rosén PART I IP IN THE EUROPEAN LEGAL FRAMEWORK 1. Herman Cohen Jehoram (1994), ‘The E.C. Copyright Directives, Economics and Authors’ Rights’, IIC Studies, 25, 821–39 2. Claes Granmar (2011), ‘Intellectual Property Rights and the Single Market’ Nordiskt Immateriellt Rättsskydd, Issue 4, 321–51 3. Reto M. Hilty (2012), ‘Individual, Multiple and Collective Ownership: What Impact on Competition?’, in Jan Rosen (ed.) Individualism and Collectiveness in Intellectual Property Law, Chapter 1, Cheltenham, UK: Edward Elgar Publishing, 3–44 4. Annette Kur and Dietmar Harhoff (2014), ‘Great Data, Nice Tale, but What’s the Message? The OHIM/EPO Study on the Economic Relevance of IP-Intensive Industries in the EU’, International Review of Intellectual Property and Competition Law, 45, 617–20 5. Lydia Lundstedt (2012), ‘Transborder Patent Entitlement and Ownership Disputes: Which Forum has Jurisdiction?’, Nordiskt Immateriellt Rättsskydd (1), 6–25 6. Christophe Geiger (2010), ‘The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union?’ in Jan Rosen (ed.) Intellectual Property at the Crossroads of Trade, Chapter 8, Cheltenham, UK: Edward Elgar Publishing, 167–81 PART II PATENTS 7. Milosz Malaga (2014), ‘The European Patent with Unitary Effect: Incentive to Dominate? A Look From the EU Competition Law Viewpoint’ International Review of Intellectual Property and Competition Law, 45 (6), September, 621–47 8. Timo Minssen and David Nilsson (2012), ‘The Industrial Application Requirement for Biotech Inventions in Light of Recent EPO and UK Case Law: A Plausible Approach or a Mere “Hunting Licence?”’European Intellectual Property Review, 34 (10), 689–703 9. Joseph Straus (2014), ‘The Bolar Exemption and the Supply of Patented Active Pharmaceutical Ingredients to Generic Drug Producers: An Attempt to Interpret Article 10(6) of Directive 2004/27,’ Journal of Intellectual Property Law and Practice, 9 (11), 895–908 10. Geertrui Van Overwalle (2012), ‘Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion Through Licensing’, in Jan Rośen (ed.) Individualism and Collectiveness in Intellectual Property Law, Chapter 4, Cheltenham, UK: Edward Elgar Publishing, 71–127 11. Perttu Virtanen (2013), ‘Software Patents and “Technology Specific” Exclusion in Article 52 (3) EPC. A Legal Chimera?,’ Nordiskt Immateriellt Rättsskydd, Issue 6, 620–32 12. Alessandro Steinfl (2000), ’The Doctrine of Equivalents through the Eye of the European Patent Convention’, Casrip Symposium Series, 6, July, 114–24 PART III TRADE MARKS 13. Annette Kur (2013), ’Not Prior in Time, But Superior in Right – How Trademark Registrations Can be Affected by Third-Party Interests in a Sign’, IIC - International Review of Intellectual Property and Competition Law, 44, 790–814 14. Alison Firth (2008), ‘Signs, Surfaces, Shapes and Structures – the Protection of Product Design Under Trade Mark Law’, in Graeme B. Dinwoodie and Mark D. Janis (eds) A Handbook of Contemporary Research, Chapter 19, Cheltenham, UK: Edward Elgar Publishing, 498–522 15. Nina Barzey (2010), ‘Functions of a Trademark – A Way of Seeing Life? The Advertising Function and the Relation Between Double Identity and Extended Protection’, Nordiskt Immateriellt Rättsskydd, Issue 4, 324–38 16. Charles Gielen (2014), ’Trademark Dilution under European Law’, Trademark Reporter, 104 (3), May-June, 693–730 17. Paul Maeyaert and Jeroen Muyldermans (2013), ’Likelihood of Confusion in Trademark Law: A Practical Guide Based on the Case Law in Community Trade Mark Oppositions from 2002 to 2012,’ Trademark Reporter, 103 (5), 1032¬–114 PART IV COPYRIGHT AND RELATED RIGHTS 18. Silke von Lewinski (2010) ‘Introduction: Analysis: Sections 1-5’ in Michel Walter and Silke von Lewinski (eds), European Copyright Law. A Commentary, New York: NY, USA: Oxford University Press, 6–38 19. Henrik Bengtsson (2012), ‘EU Harmonization of the Copyright Originality Criterion’, World Service Group, June, 1–8 20. Ana Ramalho (2014), ’Conceptualising the European Union’s Competence in Copyright – What can the EU Do?’, IIC - International Review of Intellectual Property and Competition Law, 45 (2),178–200 21. Petteri Günther (2014), ‘The Principle of Exhaustion and the Resale of Digital Music in Europe: A Comparative Analysis of the Used Soft GmbH v. Oracle International Corp. and Capitol Records, LLC v. ReDigi, Inc. Cases’, Nordiskt Immateriellt Rättsskydd (2), 205–29 22. Johan Axhamn (2014), ’Internet Linking and the Notion of ’New Public’’, Nordiskt Immateriellt Rättsskydd, Issue 2, 110–32 PART V OTHER IP RIGHTS: GEOGRAPHICAL INDICATIONS, INDUSTRIAL DESIGNS, TRADE SECRETS, DATABASES 23. Uma Suthersanen (2011), ‘Function, Art and Fashion: Do we need the EU Design Law?’ Queen Mary, University of London, School of Law, Legal Studies Research Paper No. 88/2011, 1–22 24. Gil Grassie (2014), ’Trade Secrets: the New EU Enforcement Regime’, Journal of Intellectual Property Law & Practice, 9 (8), 677–83 25. Charlotte Waelde (2007)’ Database Copyright: The Story of BHB’ in Paul Torremsans (ed.), Copyright Law. A Handbook of Contemporary Research, Chapter 5, Cheltenham, UK: Edward Elgar Publishing, 109–32 26. Mathew J. Rippon (2014), ‘What is the Geography of Geographical Indications? Place, Production Methods and Protected Food Names’, Area, 46, June, 1–9 27. Henning Grosse Ruse-Khan (2013), ’The International Legal Framework for the Protection of Utility Models: Unmatched Flexibility for Domestic Experimentation?’, The WIPO Journal, 4 (2), 175–90 Index

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Book SynopsisThe rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists.Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field.Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. WeatherallTrade Review‘Such lucid and concise commentary is typical of the insightful discussions on IP to be found in this book. Published by Edward Elgar, it is an important contribution to the body of scholarly literature on intellectual property and a valuable addition to the IP practitioner’s professional library. ’ -- Phillip Taylor, The Barrister MagazineTable of ContentsIntroduction: Graeme Dinwoodie 1. Contract Lex Rex: Towards Copyright Contract’s Lex Specialis Giuseppina D’Agostino 2. The Enforceability of Mass-Market e-Commerce Licenses and Social Networking Agreements: Is Copyright or Contract Law the New Lex Specialis? Charles R. McManis and Brett Garrison 3. Fair is as Fair Does: Contractual Normative Regulation of Copyright User Contracts in South Africa Caroline B. Ncube 4. Compelling Disclosure of Software Interoperablility Information: A Risk for Innovation or a Balanced Solution? Begoña G. Otero 5. Is IP Law a Lex Specialis? A Dual Test Gustavo Ghidini 6. Inclusivity in Intellectual Property Séverine Dusollier 7. Private Ordering and Consumers’ Rights in Copyright Law: A View of Japanese Consumers Branislav Hazucha, Hsiao-Chien Liu and Toshihide Watabe 8. Intellectual Property Protection for Fame, Luxury, Wines, and Spirits: Lex Specialis for a Corporate “Dolce Vita” or a “Good Quality Life”? Irene Calboli 9. Provocations and Challenges Concerning Enforcement and Civil Procedure in IP Kimberlee Weatherall 11. A “Bundle” of National Patents v a European Patent with Unitary Effect - A Jurisdictional Comparison Torsten Bjørn Larsen 12. IP, Disability, Culture and Exceptionalism: Does Copyright Law Deal with Difference? Abbe Brown and Charlotte Waelde Index

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Book SynopsisThis timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.'- Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. WestedTrade Review‘This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics – from smartphone wars to fashion design and from synthetic biology to digital content – this book greatly advances our understanding of open and collaborative innovation.’ -- Peter K. Yu, Drake University Law School, USTable of ContentsContents: INTRODUCTION Exclusion and Inclusion: The Role of IP Laws in a Shared Knowledge Environment Dana Beldiman PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW 1. Coopetition: The Role of IPRs Gustavo Ghidini and Andrea Stazi 2. FRAND, Hold-up and Hold-out Thomas Vinje 3. Standardization, IPRs and Open Innovation in Synthetic Biology Timo Minssen and Jakob B. Wested PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT 4. Openness in Trademark Law: A Viable Paradigm? Annette Kur 5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation Jacques de Werra 6. Expressive Dimensions of Design: A Question of Incentive? Dana Beldiman PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT 7. A Positive Status for the Public Domain Séverine Dusollier 8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success Michael W. Carroll 9. Exhaustion of Rights: A Concept for the Digital World? Ansgar Ohly Index

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Book SynopsisIntellectual property goods are frequently referred to as intangible or abstract. Yet, traditionally, they have almost always needed to be embodied or materialized in order to be protected (and - to a certain extent - to be used and enjoyed), regardless of whether they are copyrighted works, patented inventions or trademarks. With a focus on the issue of access and the challenges of new technologies such as biotechnology and digital technologies, this unique collection analyzes the relationship between intellectual property and its physical embodiments. It contains a mixture of theoretical and practical perspectives and encompasses an interdisciplinary approach, including chapters on the connection between intellectual property and cultural heritage law, cultural property law and international trade law. The book furthermore comprises historical reflections that illuminate how intellectual property has never been purely about the intangible.Intellectual Property and Access to Im/material Goods will be of interest to scholars, practitioners and law and policymakers. Users of intellectual property goods such as museums, libraries, archives and/or other cultural institutions, as well as users of biomaterials, copyrighted works, patented inventions and/or trademarked goods will find value in this book.Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. YuTrade Review'The lines dividing abstract objects, material objects, information and their relationship to digital processes have always been difficult to draw in the context of intellectual property law. This volume is the first to take on this difficult topic in a comprehensive way. It shows the depth of the difficulties, but also provides a theoretical foundation for new approaches to these divides. It is an original and important contribution.' --Peter Drahos, Australian National University'This collection of essays ought to be commended for the comprehensive approach it takes by engaging with a widely known, yet less widely understood, problematic aspect of IP: the requirement of materiality and its limiting effect on access to intellectual creations. While such limiting effect on the digital environment is seen, experienced and discussed in diverse elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties surrounding access to immaterial goods. The volume adopts an effective approach to fully educating the reader about the problem of access, while advancing fresh theoretical approaches.' --Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword Alain Pottage Introduction: The Relationship Between Intellectual Property and its Physical Embodiments Jessica C. Lai and Antoinette Maget Dominicé PART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE 1. Understanding Access to Things: A Knowledge Commons Perspective Michael J. Madison 2. Copyright and the New Materialism Dan L. Burk PART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES 3. The Copy in Copyright Peter K. Yu 4. A Tale of Two Histories: The “Invention” and its Incentive Theory Jessica C. Lai 5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”? Jessica C. Lai PART III PRACTICAL CONSIDERATIONS 6. Digital Lending and Public Access to Knowledge Giorgio Spedicato 7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private Divide Aisling Mcmahon 8. Tangible Meets Intangible: International Trade in Intellectual Property Susy Frankel PART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE 9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural Expressions Michael Blakeney 10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal Traditions Catherine E. Bell, Jessica C. Lai and Laura K. Skorodenski 11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage Institutions Susan Corbett Index

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Book SynopsisThis timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products.Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs.Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. VadiTrade Review'A welcome and timely contribution to the increasingly heated debate in the crucial area at the intersection between intellectual property and public health. A must read for practitioners as well as for scholars.' --Marco Ricolfi, University of Turin, Italy'Enrico Bonadio and Alberto Alemanno have brought together a really stimulating and diverse collection of essays on the relationship between intellectual property and public health. The contributors deal effectively with a wide range of issues - from the conflict between trade mark rights and standardised packaging rules (for tobacco and for other products) to the potential manipulation of intellectual property systems to accommodate health goals.' --Jonathan Griffiths, Queen Mary University of London, UKTable of ContentsContents: Introduction: Setting the Scene Alberto Alemanno and Enrico Bonadio PART 1: LEGAL AND POLICY ISSUES 1. Unpacking plain packaging and other standardization requirements in the light of behavioural sciences Alberto Alemanno 2. On the nature of trademark rights: does trademark registration confer positive or negative rights? Enrico Bonadio 3. Trademarks, tobacco, health: brokerage by fundamental rights? Matthew J. Elsmore 4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulations Jeremy Blum 5. The interface between nutrition and health claims and EU trademark law Ignacio Carreño and Eugenia Costanza Laurenza PART II ADJUDICATING THE NEW INTELLECTUAL PROPERTY OF HEALTH 6. Plain packaging of tobacco products and the WTO challenge Mark Davison 7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law Althaf Marsoof 8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia Andrew D. Mitchell 9. Leveraging certification marks for public health Valentina Vadi PART III REINVENTING THE INTELLECTUAL PROPERTY OF HEALTH 10. Leveraging Certification Marks for Public Health Margaret Chon with Maria Therese Fujiye 11. Terroir and public health: can geographical indications of origin promote ‘healthy’ products? Irene Calboli 12. Patents as a tool to encourage the production of healthier food Enrico Bonadio Index

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Book SynopsisThe second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe.Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, USTrade Review'Authoritative and remarkably comprehensive, European Intellectual Property Law: Text, Cases and Materials is an indispensable resource for any student--or practitioner--seeking to learn the fundamentals of European intellectual property law. In this Second Edition, Kur, Dreier, and Luginbuehl provide an up-to-the-minute account of a fast-changing field.' --Barton Beebe, New York University, US'A great textbook for professors to teach European IP law for both European and non-European students.' --Toshiko Takenaka, University of Washington, US, Keio University, Japan and Technical University of Munich, GermanyTable of ContentsContents: 1. IP, IPRs and the international context 2. IP in the European legal framework 3. Patent Law 4. Trade Marks 5. Copyright 6. Industrial Designs 7. Geographical Indications 8. Plant Varieties 9. IPRs and competition (antitrust) law 10. IPRs and unfair competition law 11. Remedies for infringement 12. Jurisdiction and applicable law Index

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Book SynopsisClimate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.Prior to becoming an academician, the author garnered over fifteen years’ practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.Trade Review‘Technology development and transfer are vital to confronting the climate crisis, but the relationship between cleantech and intellectual property rights has too often been simply asserted or assumed. In this much-needed book, Professor Xiang applies rigorous and evidence-based analysis and advances fresh conclusions and a bold proposal for how to make progress.’ -- Stephen Minas, UNFCCC Technology Executive Committee‘This is a thoughtful, insightful and challenging contribution. It engages deeply and critically with scholarly, empirical and policy contributions from wide geographical bases. Xiang develops a proposal for enabling cleantech development and transfer both globally and locally, moving beyond a focus on transfer to developing countries, and this warrants serious consideration.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: 1. Introduction: A viable pathway for enabling developing countries to attract foreign cleantech and build domestic cleantech innovation 2. Concepts and linkages: Global community, climate change, sustainable development, cleantech PART I INTERNATIONAL CLEANTECH TRANSFER 3. International cleantech transfer examined PART II GLOBAL CLEANTECH DEVELOPMENT 4. Necessity and reality of global cleantech development PART III A SOLUTION 5. A proposal for enabling global cleantech development and international cleantech transfer 6. International aid for building capacities in developing countries for cleantech importation and innovation 7. Mutually beneficial international cleantech collaboration 8. Sustainable domestic cleantech innovation by developing countries 9. Appraisal of the proposal Conclusion – a pathway to global sustainable development, to our shared future Index

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Book SynopsisAs a 'Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque.This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas:- Legal foundations, mandate and purpose- Decision-making structures, processes and practices- Financial arrangements (such as income sources and the budget process)- Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation)- Transparency and external relations.The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public.Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.Trade ReviewI can confidently say that this reference guide is by far the most comprehensive book to date on WIPO and its very complicated and unique governance structure. It is an important, timely and much-needed resource that will very quickly become a classic in the field. Carolyn Deere Birkbeck's book will be of immense benefit to practitioners, including WIPO staff, government officials and IGO/NGO observers following WIPO matters, as well as academics and students of international organizations --Edward Kwakwa, Legal Counsel, WIPOFor anyone interested in the international intellectual property system Carolyn Deere Birkbeck's reference guide is an obligation. This is not simply a guide describing the organic and normative structure of this future-defining UN Organization, but it's a practical guide to its functioning, culture and dynamics. With amazing detail and insightful information, Deere Birkbeck has written the ultimate guide to WIPO. It should be in every Geneva diplomat and delegate's book shelf. --Maximiliano Santa Cruz, Chilean National Institute of Industrial Property, ChileAn invaluable resource for deciphering the WIPO institutional enigma. Must-have reading for the Geneva diplomatic corps and others that seek to influence international IP policy. --Frederick M. Abbott, Florida State University College of LawTable of ContentsContents: 1. Introduction 2. What is WIPO and What Does its Secretariat do? 3. WIPO’s Governance System: An Analytical Framework 4. WIPO’s Legal Foundations, Mandate and Purpose 5. WIPO’s Decision-making Structure, Processes and Practices 6. WIPO’s Financial Arrangements and Budget Process 7. Mechanisms for Control, Oversight and Accountability of the WIPO Secretariat 8. External Relations and Transparency 9. Conclusion Index

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Book SynopsisThis illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.Trade Review‘Innovation has become a vitally important field of study in the modern era. This edited two-volume compilation offers the single best collection of insights that scholars of innovation - including but not limited to intellectual property professors - have to offer about what innovation is, why it is essential to economic growth, and how to foster it. It is a major accomplishment to have brought these insightful works together.’ -- Pam Samuelson, University of California, Berkeley, USTable of ContentsContents: Introduction Shubha Ghosh PART I INTRODUCTION: THE CONCEPT OF INNOVATION AND THE ROLE OF LAW 1. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’, Columbia Law Review, 90 (4), May, 839–916 2. Brett Frischmann (2000), ’Innovation and Institutions: Rethinking the Economics of U.S. Science and Technology Policy’, Vermont Law Review, 24, Fall, 347–416 3. Robert Cooter (2005), ‘Innovation, Information, and the Poverty of Nations’, Florida State University Law Review, 33 (2), Winter, 373–93 4. Ronald J. Gilson, Charles F. Sabel and Robert E. Scott (2013), ‘Contract and Innovation: The Limited Role of Generalist Courts in the Evolution of Novel Contractual Forms’, New York University Law Review, 88 (3), April, 170–215 5. Katherine J. Strandburg (2009), ‘Evolving Innovation Paradigms and the Global Intellectual Property Regime’, Connecticut Law Review, 41 (3), February, 861–920 PART II INCENTIVES, LAW AND INNOVATION 6. Amy L. Landers (2006), ‘Let the Games Begin: Incentives to Innovation in the New Economy of Intellectual Property Law’, Santa Clara Law Review, 46 (2), 307–75 7. Jonathan B. Baker (2007), ‘Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation’, Antitrust Law Journal, 74 (3), 575–602 8. Giovanni Dosi, Luigi Marengo and Corrado Pasquali (2007), ‘Knowledge, Competition and Innovation: Is Strong IPR Protection Really Needed for More and Better Innovations?’, Michigan Telecommunications and Technology Law Review, 13 (2), Spring, 471–85 9. Petra Moser (2012), ‘Innovation without Patents: Evidence from World’s Fairs’, Journal of Law and Economics, 55 (1), February, 43–74 10. Dotan Oliar (2012), ‘The Copyright-Innovation Tradeoff: Property Rules, Liability Rules, and Intentional Infliction of Harm’, Stanford Law Review, 64 (4), April, 951–1020 11. Ted Sichelman (2010), ‘Commercializing Patents’, Stanford Law Review, 62 (2), January, 341–413 12. Thomas Cheng (2013), ‘Putting Innovation Incentives Back in the Patent-Antitrust Interface’, Northwestern Journal of Technology and Intellectual Property, 11 (5), April, 385–439 13. Murat C. Mungan (2014), ‘Less Protection, More Innovation?’, Supreme Court Economic Review, 22 (1), January, 123–46 14. Lisa Larrimore Ouellette (2015), ‘Patentable Subject Matter and Nonpatent Innovation Incentives’, UC Irvine Law Review, 5 (5), December, 1115–45 PART III CUMULATIVE AND OPEN INNOVATION 15. Clarisa Long (2000), ‘Patents and Cumulative Innovation’, Washington University Journal of Law and Policy, Re-Engineering Patent Law: The Challenge of New Technologies, 2, January, 229–46 16. Joel West (2009), ‘Policy Challenges of Open, Cumulative, and User Innovation’, Washington University Journal of Law and Policy: Open Source and Proprietary Models of Innovation, 30, 17–41 17. Keith Sawyer (2009), ‘The Collaborative Nature of Innovation’, Washington University Journal of Law and Policy: Open Source and Proprietary Models of Innovation, 30, 293–324 18. Chidi Oguamanam (2013), ‘Open Innovation in Plant Genetic Resources for Food and Agriculture’, Chicago-Kent Journal of Intellectual Property, 13 (1), 11–50 19. Clark D. Asay (2015), ‘Enabling Patentless Innovation’, Maryland Law Review, 74 (3), 431–95 Volume II Contents Introduction An introduction to both volumes by the editor appears in Volume I PART I SOCIAL DIMENSIONS OF INNOVATION 1. Doris Estelle Long (2008), ‘Crossing the Innovation Divide’, Temple Law Review, 81 (2), Summer, 507–43 2. Anupam B. Jena, Stéphane Mechoulan and Tomas J. Philipson (2010), ‘Altruism and Innovation in Healthcare’, Journal of Law and Economics, 53 (3), August, 497–518 3. Peter Lee (2014), ‘Social Innovation’, Washington University Law Review, 92 (1), 1–71 4. Sofia Ranchordás (2015), ‘Does Sharing Mean Caring? Regulating Innovation in the Sharing Economy’, Minnesota Journal of Law, Science and Technology, 16 (1), 413–75 PART II INNOVATION AND MARKETS 5. Jonathan B. Baker (1999), ‘Promoting Innovation Competition through the Aspen/Kodak Rule’, George Mason Law Review, 7 (3), Spring, 495–521 6. Tim Wu (2006), ‘Intellectual Property, Innovation, and Decentralized Decisions’, Virginia Law Review, 92 (1), March, 123–47 7. Timothy O’Hearn (2008), ‘Guarding Profits from Innovation: Successful Intellectual Property Strategies’, DePaul Business and Commercial Law Journal, 6 (3), Spring, 433–50 8. Jonathan M. Barnett (2009), ‘Property as Process: How Innovation Markets Select Innovation Regimes’, Yale Law Journal, 119 (3), December, 384–456 9. John D. Harkrider and Russell M. Steinthal (2011), ‘The Open Source Paradox: Innovation in the Absence of Exclusive Property Rights’, Competition Law International, 7 (2), November, 38–41 10. Robert W. Gomulkiewicz (2012), ‘Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies’, Washington Journal of Law, Technology and Arts, 7 (4), Spring, 445–66 11. Michael A. Carrier (2012), ‘Copyright and Innovation: The Untold Story’, Wisconsin Law Review, 2012 (4), November, 891–962 12. Colleen Chien (2014), ‘Startups and Patent Trolls’, Stanford Technology Law Review, 17 (2), Winter, 461–505 PART III INNOVATION POLICY 13. Marlynn Wei (2007), ‘Should Prizes Replace Patents? A Critique of the Medical Innovation Prize Act of 2005’, Boston University Journal of Science and Technology Law, 13 (1), Winter, 25–45 14. Jay P. Kesan (2009), ‘Transferring Innovation’, Fordham Law Review, 77 (5), April, 2169–223 15. Gaia Bernstein (2010), ‘In the Shadow of Innovation’, Cardozo Law Review, 31 (6), June, 2257–312 16. Sarah Tran (2012), ‘Prioritizing Innovation’, Wisconsin International Law Journal, 30 (3), Spring, 499–557 17. Miguel Ángel Bernal Blay (2014), ‘The Strategic Use of Public Procurement in Support of Innovation’, European Procurement and Public Private Partnership Law Review, 9 (1), 3–11 18. Lisa Larrimore Ouellette (2015), ‘Nanotechnology and Innovation Policy’, Harvard Journal of Law and Technology, 29 (1), Fall, 33–75 19. Camilla A. Hrdy (2015), ‘Commercialization Awards’, Wisconsin Law Review, 2015 (1), 13–86 20. Tal Z. Zarsky (2015), ‘The Privacy-Innovation Conundrum’, Lewis and Clark Law Review, 19 (1), 115–68 Index

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Book SynopsisThis research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.Table of ContentsContents: Acknowledgements Introduction Ann L. Monotti PART I HISTORICAL PERSPECTIVES 1. D.H.N Johnson (1950), ‘Encouraging Inventions by Government Employees’, Modern Law Review, 13 (4), October, 428-44 2. Catherine L. Fisk (1998), ‘Removing the ‘Fuel of Interest’ from the ‘Fire of Genius’: Law and the Employee-Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), 1127–98 3. C. Robert Morris Jr. (1959), ‘Patent Rights in an Employee’s Invention: The American Shop Right Rule and the English View’, Law Quarterly Review, 75, 483–502 4. John Stedman (1970), ‘The Employed Inventor, the Public Interest, and Horse and Buggy Law in the Space Age’, New York University Law Review, 45 (1), 1–32 5. Justine Pila (2012), ‘Sewing the Fly Buttons on the Statute’: Employee Inventions and the Employment Context’, Oxford Journal of Legal Studies, 32 (2), 265–95 PART II RATIONALES FOR DEFAULT RULES 6. Dan L. Burk (2004), ‘Intellectual Property and the Firm’, University of Chicago Law Review, 71 (1), 3–20 7. R.P. Merges (1999), ‘The Law and Economics of Employee Inventions’, Harvard Journal of Law and Technology, 13 (1), Fall, 1–54 PART III ALLOCATION OF OWNERSHIP OF EMPLOYEE CREATION 8. Rochelle Cooper Dreyfuss (1987), ‘The Creative Employee and the Copyright Act of 1976’, University of Chicago Law Review, 54 (2), 590–647 9. Joellen Riley (2005), ‘Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work’, Australian Journal of Labour Law, 18, 1–25 10. Toshiko Takenaka (2012), ‘Serious Flaw of Employee Inventions Ownership Under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act’, Texas Intellectual Property Law Journal, 20, Spring, 281-326 11. Mark Freedland and Jeremias Prassl (2013), ‘Resolving Invention Ownership Disputes: Limitations of the Contract of Employment’, in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 144–63 12. Marie-Christine Janssens (2013), ‘EU Perspectives on Employees’ Inventions’ in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 111–30 13. John Howe and Andrew Newman (2013), ‘Collective Bargaining and the Ownership of Employee Creation’, Australian Journal of Labour Law, 26 (3), 273-99 PART IV RESTRAINTS AND EMPLOYEE MOBILITY 14. Harlan M. Blake (1960), ‘Employee Agreements Not to Compete’, Harvard Law Review, 73 (4), February, 628–91 15. Andrew Stewart (1988), ‘Confidentiality and the New Employment Relationship’, Australian Journal of Labour Law, 1, 1–22 16. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, Covenants not to Compete’, New York University Law Review, 74 (3), June, 575–629 17. William van Caenegem (2005), ‘Inter-firm Migration of Tacit Knowledge: Law and Policy’, Prometheus, 23 (3), September, 285–306 18. Alan Hyde (2012), ‘Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence’, in Cynthia L. Estlund and Michael L. Wachter, Research Handbook on the Economics of Labor and Employment Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 357–84 19. Christopher Arup (2012), ‘What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge’, Melbourne University Law Review, 36, 661–94 20. Norman D. Bishara and Evan Starr (2016), ‘The Incomplete Noncompete Picture’, Lewis and Clark Law Review, 20, 497–547 PART V UNIVERSITIES – APPROACHES AND ISSUES 21. W.R. Cornish (1992), ‘Rights in University Innovations: The Herchel Smith Lecture for 1991’, European Intellectual Property Review, 14, 13–19 22. Pat K. Chew (1992), ‘Faculty-Generated Inventions: Who Owns the Golden Egg?’, Wisconsin Law Review, 259–314 23. Ann Monotti (1997), ‘Who Owns my Research and Teaching Materials: My University or Me?’, 19 (4), Sydney Law Review, 425–71 24. Sean M. O’Connor (2013), ‘The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report’, Michigan Telecommunications and Technology Law Review, 19, 379–422 Index

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