Intellectual property law Books

Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index

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Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index

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Book SynopsisThis Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future. Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement. Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant. Contributors include: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. WeatherallTrade Review'Digital technologies inevitably live with IP rights that protect them or stand in their way. This Research Handbook features an excellent line-up of renowned scholars, who each examine different digital phenomena through the lens of a particular IP right. The chapters are written with practical relevance and scholarly rigour, making it a useful resource for academics, legal practitioners, and other IP enthusiasts.' --Stef van Gompel, University of Amsterdam, the Netherlands'Professor Aplin's very timely Research Handbook spans the entire spectrum of relevant intellectual property rights as well as unfair competition law, competition law and enforcement of intellectual property rights. Its comprehensiveness is enhanced by the great cast of authors from different jurisdictions. A must-read for all those interested in contemporary and hugely important digital issues affecting intellectual property law.' --Estelle Derclaye, University of Nottingham, UKTable of ContentsContents: Preface PART I COPYRIGHT AND RELATED RIGHTS 1 Software and graphical user interfaces 2 Noam Shemtov 2 Copyright in software: functionality 26 Richard Arnold 3 Copyright and gaming 44 Yin Harn Lee 4 Databases and copyright protection 63 Mark Davison 5 Database producer protection: between rights and liabilities 81 Tatiana Eleni Synodinou 6 Big data and data appropriation in the EU 107 Alain Strowel 7 User generated content: towards a new use privilege in EU copyright law 136 Martin Senftleben 8 User generated content and its authors 163 Marta Iljadica 9 Mass digitization in the ebook market: copyright protections and exceptions 186 Jacqueline Lipton 10 Ebooks and mass digitization projects: the role of licensing 201 Eleonora Rosati 11 Copyright liability for hyperlinking 217 Jane Ginsburg and Alain Strowel 12 Video streaming and the communication to the public right in the United States and European Union 246 Makeen Fouad Makeen PART II PATENTS AND TRADE SECRETS 13 Software-related inventions 277 Matthew Fisher 14 The prejudice against patenting business methods 302 Trevor Cook 15 Artificial intelligence, big data and intellectual property: protecting computer generated works in the United Kingdom 322 Ryan Abbott 16 Extraterritoriality and digital patent infringement 338 Timothy R. Holbrook 17 Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort 363 Sharon K. Sandeen PART III TRADE MARKS, DESIGNS AND UNFAIR COMPETITION 18 Trade mark protection for digital goods 382 Mark P. McKenna and Lucas S. Osborn 19 The Uniform Domain Name Dispute Resolution Policy (UDRP): not quite arbitration, but satisfying? 397 Ilhyung Lee 20 Metatags ‘using’ third party trade marks on the Internet 411 David Llewelyn and Prashant Reddy T. 21 Keyword advertising and actionable consumer confusion 426 Robert Burrell and Michael Handler 22 Fit for purpose? 3D printing and the implications for design law: opportunities and challenges 445 Dinusha Mendis PART IV COMPETITION AND ENFORCEMENT 23 Competition in digital markets 464 Shubha Ghosh 24 Exhaustion of rights on digital content under EU copyright: positive and normative perspectives 483 Stavroula Karapapa 25 Enforcement in a digital context: intermediary liability 506 Ben Allgrove and John Groom 26 Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation 531 Kimberlee Weatherall 27 Digital tools of intellectual property enforcement: their intended and unintended norm setting consequences 553 Frederick Mostert Index 577

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Book SynopsisThis global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge. Trade Review'Kuruk, one of the foremost scholars in intellectual property law, provides a very comprehensive and ground-breaking account of various international, regional and national initiatives and frameworks for the protection of traditional knowledge. This is a must-read and indispensable resource for IP law professors, students and practicing IO/NGO lawyers.' --Edward Kwakwa, World Intellectual Property Organization'Paul Kuruk has been a respected commentator and actor on the emerging law of traditional knowledge for two decades. This book's scope is breathtaking, covering all of the institutions involved in the subject and at all levels from global to local. Its comprehensiveness, and its informed analysis of the state of the art, makes it an essential text for students, teachers, and policymakers.' --Graham Dutfield, University of Leeds, UK'For more than two decades, Paul Kuruk has actively engaged in the academic and policy debates on traditional knowledge and intellectual property. Building on his lifelong work, this comprehensive, informative and globally oriented primer makes a complex and contentious debate accessible. The book not only explains why traditional knowledge deserves protection, but helps us understand the myriad international efforts, domestic laws, customary practices and reform proposals.' --Peter K. Yu, Texas A&M University, USTable of ContentsContents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index

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Book SynopsisThe comprehensive research review discusses some of the most important and influential articles published on the history of intellectual property. The seminal works encompass a broad variety of specific legal fields, periods and methodological perspectives. It focuses on the three main subfields of intellectual property: patent, copyright and trademark law. This important research review will be of a great interest to legal historians, economic historians and anyone interested in intellectual property and its history.Trade Review‘So much is in flux in the intellectual property field these days that those in the field have come to recognize the value of delving into the history of these laws and understanding the multifarious ways they have evolved over time. This outstanding collection of essays by many leading scholars offer many lessons from the past that may provide insights about what mistakes to avoid and what values should inform intellectual property laws as we try to help them adapt in the future.’ -- Pam Samuelson, University of California, Berkeley, USTable of ContentsContents: Volume I Introduction Oren Bracha PART I. EARLY ORIGINS 1. Pamela O. Long (1991), ‘Invention, Authorship, "Intellectual Property," and the Origin of Patents: Notes toward a Conceptual History’, Technology and Culture, 32 (4), October, 846–84 2. Joanna Kostylo (2010), ‘From Gunpowder to Print: The Common Origins of Copyright and Patent’, in Ronan Deazley, Martin Kretschmer and Lionel Bently (eds), Privilege and Property: Essays on the History of Copyright, Chapter 1, Cambridge, UK: Open Book Publishers, 21–50 3. Carlo Marco Belfanti (2004), ‘Guilds, Patents, and the Circulation of Technical Knowledge: Northern Italy During the Early Modern Age’, Technology and Culture, 45 (3), July, 569–89 4. Liliane Hilaire-Pérez (1991), ‘Invention and the State in 18th-Century France’, Technology and Culture, 32 (4), October, 911–31 5. Martha Woodmansee (1984) ‘The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the “Author”’, Eighteenth Century Studies, 17 (4), Summer, 425–48 PART II. BRITISH PATENTS 6. Chris R. Kyle (1988), ’But a New Button to an Old Coat: The Enactment of the Statute of Monopolies, 21 James I cap.3’, Journal of Legal History, 19 (3), December, 203–23 7. Adam Mossoff (2001), ‘Rethinking the Development of Patents: An Intellectual History, 1550–1800’, Hastings Law Journal, 52 (6), August, 1255–322 8. John N. Adams and Gwen Averley (1986), ‘The Patent Specification: The Role of Liardet v. Johnson’, Journal of Legal History, 7 (2), September, 156–77 9. Eric Robinson (1972), ‘James Watt and the Law of Patents’, Technology and Culture, 13 (2), April, 115–39 10. Christine MacLeod (1999), ‘Negotiating the Rewards of Invention: The Shop-Floor Inventor in Victorian Britain’, Business History, 41 (2), April, 17–36 PART III. BRITISH COPYRIGHT 11. Ian Gadd (2016), ‘The Stationer’s Company in England before 1710’, in Isabella Alexander and H. Tomás Gómez-Arostegui (eds), Research Handbook on the History of Copyright Law, Chapter 5, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 81–95 12. Ronan Deazley (2010), ‘The Statute of Anne and the Great Abridgement Swindle’, Houston Law Review, 47 (4), December, 793–818 13. Mark Rose (1988), ‘The Author as Proprietor: Donaldson v. Becket and the Genealogy of Modern Authorship’, Representations, 23, Summer, 51–85 14. H. Tomás Gómez-Arostegui (2014), ‘Copyright at Common Law in 1774—’, Connecticut Law Review, 47 (1), November, 1–57 15. Will Slauter (2013) ‘Upright Piracy: Understanding the Lack of Copyright for Journalism in Eighteenth-Century Britain’, Book History, 16 (1), 34–61 16. Isabella Alexander (2007), 'Criminalising Copyright: A Story of Publishers, Pirates and Pieces of Eight', Cambridge Law Journal, 66 (3), November, 625–56 17. Jose Bellido and Kathy Bowrey (2014), ‘From the Author to the Proprietor: Newspaper Copyright and The Times (1842–1956)’, Journal of Media Law, 6 (2), 206–33 PART IV. THE U.S. CONSTITUTIONAL CLAUSE 18. Tyler T. Ochoa and Mark Rose (2002), ‘The Anti-Monopoly Origins of the Patent and Copyright Clause’, Journal, Copyright Society of the U.S.A., 49 (3), 675–706 19. L. Ray Patterson and Craig Joyce (2003), 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution', Emory Law Journal, 52, 909–52 PART V. AMERICAN PATENTS 20. Mario Biagioli (2006), ‘Patent Republic: Representing Inventions, Constructing Rights and Authors’, Social Research, 73 (4), Winter, 1129–72 21. Steven Lubar (1991), ‘The Transformation of Antebellum Patent Law’, Technology and Culture’, 32 (4), October, 932–59 22. Kara W. Swanson (2009), ‘The Emergence of the Professional Patent Practitioner’, Technology and Culture, 50 (3), July, 519–48 23. Adam Mossoff (2011), ‘The Rise and Fall of the First American Patent Thicket: The Sewing Machine War of the 1850s’, Arizona Law Review, 53 (1), 165–21 24. Alain Pottage and Brad Sherman (2007), 'Organisms and Manufactures: On the History of Plant Inventions', Melbourne University Law Review, 31 (2), 539–68 25. Steven W. Usselman and Richard R. John (2006), ‘Patent Politics: Intellectual Property, the Railroad Industry, and the Problem of Monopoly’, Journal of Policy History, 18 (1), 96–125 26. 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), Autumn, 1127–99 27. Kara W. Swanson (2011), ‘Getting a Grip on the Corset: Gender, Sexuality, and Patent Law’, Yale Journal of Law and Feminism’, 23 (1), 57–115 28. Christopher Beauchamp (2016), ‘The First Patent Litigation Explosion’, Yale Law Journal, 125 (4), February, 848–944 Volume II An introduction to both volumes by the editor appears in volume 1 PART I. AMERICAN COPYRIGHT 1. Jane C. Ginsburg (1990), ‘A Tale of Two Copyrights: Literary Property in Revolutionary France and America', Tulane Law Review, 64 (5), May, 991–1031 2. Meredith L. McGill (1997), ‘The Matter of the Text: Commerce, Print Culture, and the Authority of the State in American Copyright Law’, American Literary History, 9 (1), Spring, 21–59 3. Oren Bracha (2008), ‘The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright’, Yale Law Journal, 118 (2), November, 186–271 4. Robert Brauneis (2009), ‘The Transformation of Originality in the Progressive-Era Debate over Copyright in News’, Cardozo Arts and Entertainment Law Journal, 27 (2), 321–73 5. Zvi S. Rosen (2007), ‘The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions’, Cardozo Arts and Entertainment Law Journal, 24, 1157–1218 PART II TRADEMARKS 6. Paul Duguid (2009), ‘French Connections: The International Propagation of Trademarks in the Nineteenth Century’, Enterprise and Society, 10 (1), March 3–37 7. Lionel Bently (2007), ‘The Making of Modern Trade Mark Law: The Construction of the Legal Concept of Trade Mark 1860–80’, in Lionel Bently, Jennifer Davis and Jane C. Ginsburg (eds), Trade Marks and Brands: An Interdisciplinary Critique, Chapter 1, Cambridge, UK: Cambridge University Press, 3–41 8. Robert G. Bone (2006), ‘Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law’, Boston University Law Review, 86 (3), June, 547–622 9. Steven Wilf (2008), ‘The Making of the Post-War Paradigm in American Intellectual Property Law’, Columbia Journal of Law and the Arts, 31 (2), 139–207 PART III COLONIAL INTELLECTUAL PROPERTY 10. Lionel Bently (2007), ‘Copyright, Translations, and Relations Between Britain and India in the Nineteenth and Early Twentieth Centuries’, Chicago-Kent Law Review, 82 (3), 1181–240 11. Michael D. Birnhack (2011), ‘Hebrew Authors and English Copyright Law in Mandate Palestine’, Theoretical Inquiries in Law, 12 (1), January, 201–40 PART IV INTERNATIONAL INTELLECTUAL PROPERTY 12. Lionel Bently and Brad Sherman (2001), ‘Great Britain and the Signing of the Berne Convention in 1886: Part 2’, Journal, Copyright Society of the U.S.A., 48 (3), Spring, 311–40 13. Catherine Seville (2008), ‘Authors as Copyright Campaigners: Mark Twain’s Legacy’, Journal, Copyright Society of the U.S.A., 55 (2/3), Winter/Spring, 283–359 PART V ECONOMIC PERSPECTIVES 14. B. Zorina Khan (1995), ‘Property Rights and Patent Litigation in Early Nineteenth-Century America’, Journal of Economic History, 55 (1), March, 58–97 15. Petra Moser (2005), ‘How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World’s Fairs’, American Economic Review, 95 (4), September, 1214–36 16. Naomi R. Lamoreaux, Kenneth L. Sokoloff, and Dhanoos Sutthiphisal, (2013), ‘Patent Alchemy: The Market for Technology in U.S. History’, Business History Review, 87 (1), Spring, 3–38 Index

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Book SynopsisWhen submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.Trade Review'Nefissa Chakroun tackles patent information, a fundamental element of the patent bargain-indeed perhaps the most important one. Whether making it easier to obtain and enforce patents always leads to more innovation is highly debatable, but the disclosure function of patents, if fully realized, can be a most positive factor. This book explains both the inadequacy of substantive rules and the administrative deficiencies in optimizing the availability and role of patent information. It offers specific guidance on technology transfers especially for developing nations, using Tunisia as exemplar. The last chapter contains a unique and most useful policy toolbox.' --Daniel Gervais, Vanderbilt University Law SchoolTable of ContentsContents: 1. Introduction: Context and Importance of Patent Information for Development 2. The Significance of Patent Information 3. The Foundation of a Right to Patent Information 4. The Inadequacy of the Disclosure Requirement 5. Access to and Retrieval of Patent Documents 6. Transferring Technologies Utilising Patent Information 7. The Case of Tunisia 8. Improving Developing Countries’ Capacity to Utilise Patent Information for Development 9. Conclusion: Policy for Promoting Incremental Innovation and Development Through Exploitation of Patent Information Index

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Book SynopsisOne of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research to advance innovations beyond the discovery phase. This book examines a novel drug discovery and development model where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept as a way to de-risk the drug discovery and development process.Expert author Helen Yu explores integrated drug discovery by analyzing the intersection of intellectual property law and competition law and discusses the role of stakeholders in efficient translation and commercialization of publically funded research. Considering the transactional risks associated with drug discovery and development, this book advocates for a greater emphasis on contractual freedom and economic efficiency when assessing collaborative partnerships between industry and public research organizations. This standout book bridges the gap between theoretical research and legal practice by providing a research-based applied perspective on university-industry collaborations in drug discovery and development.Achieving Proof of Concept in Drug Discovery and Development has an international appeal, especially in countries actively involved in drug discovery and development, such as the United States, the United Kingdom, Switzerland, Germany, Japan, India and China. Organizations and associations in the drug discovery and development field would likely be interested in reading a book that provides a research-based applied perspective as well.Trade Review'Drug discovery and development has become a complex and expensive multi-institutional commitment. Making integrated innovation models work requires competition regimes accommodating the highly specific challenges of pharmaceutical research. This original and meticulously researched book forces us to radically rethink the role of competition law in promoting innovation making it essential reading for R&D managers, regulators, practitioners, health economists and legal scholars.' --Graham Dutfield, University of Leeds, UK'This book provides a thoughtful and comprehensive analysis of the role of competition law in collaborative agreements leading to drug discovery and development. It makes an important contribution to the debate and is highly recommended.' --Duncan Matthews, Queen Mary University of London, UKTable of ContentsContents: Acknowledgements Table of cases Table of legislation PART I. LANDSCAPE OF DRUG DISCOVERY AND DEVELOPMENT 1. Introduction 2. The Pharmaceutical Industry and Drug Development Models 3. Intellectual Property Rights and Competition Law in Collaborative Drug Development Between Industry and Integrated Drug Discovery Organizations PART II. ANALYSIS AND APPLICATION OF EU COMPETITON LAW TO THE INTEGRATED DRUG DISCOVERY MODEL 4. Application of Competition Law to the Integrated Drug Discovery Model: Research and Development Block Exemption Regulation 5. Application of Competition Law to the Integrated Drug Discovery Model: Technology Transfer Block Exemption Regulation PART III. CASE STUDY: AGREEMENTS BETWEEN INDUSTRY AND INTEGRATED DRUG DISCOVERY ORGANIZATIONS 6. Analysis of Collaboration Agreements between Integrated Drug Discovery Organizations and Industry PART IV. CONCLUSION 7. Conclusion and Implications Bibliography Index

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Book SynopsisWhile outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.Trade Review‘This book, which concentrates on the protection of patents and copyrights, is well structured, easily readable and faithfully reports the status of academic debate, highlighting and arguing for the authors’ viewpoints in a concise and clear manner . . . Tosaporn Leepuengtham’s book will certainly convince readers with its solid review and analysis and well-argued observations and -- explanations. ’– Zeitschrift für Luft- und WeltraumrechtTable of ContentsContents Introduction 1. International Space Law and Its Implication to Outer Space Activities 2. International Intellectual Property Rights Instruments and Their Implications for Outer Space Activities 3. Patents in Outer Space 4. The Application of Copyright Law to Outer Space Activities 5. Intellectual Property Rights and Private International Law Conclusion Bibliography Index

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Book SynopsisThe creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP.Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. YudhishthirTrade Review'This volume gives incisive insight into the conflicted dynamics between IP and the creative industries. The authors cut through much rhetoric and entrenched positions to nudge the reader into entertaining the possibility of alternate perspectives and policy positions. The case studies, sectoral focus and evaluation of cross-sector issues deepens and grounds the authors' arguments in the lived reality of industry players and national or regional contexts. The discussion of enforcement and economics as well as the fore-sighting section ensures comprehensive treatment of the volume's focus. An enriching read.' --Caroline B Ncube, University of Cape Town, South Africa'The social synergy which exists between IP and the creative industries is becoming increasingly important globally. This all-embracing volume, edited by highly respected professors, provides a vital contribution to law and policy thinking. It offers a range of discourses including subaltern perspectives and oft-forgotten subjects including: museum curating, economic analyses on artists' earnings, business models coupled with corporate social responsibility, plus less visible creative sectors including ethnic fashion and dance.' --Uma Suthersanen, Queen Mary, University of LondonTable of ContentsContents: Foreword by Ian Hargreaves Introduction Abbe E. L. Brown and Charlotte Waelde Part I Setting the Scene: What is Intellectual Property and why is it relevant to creative industries 1. Whither the creative economy? Some reflections on the European case Philip Schlesinger 2. Copyright and performers’ rights in the creative industries: old laws for new challenges Mathilde Pavis 3. Design, utility models and patents Stina Teilmann-Lock 4. Passing off, unfair competition and trade marks Hasan Kadir Yilmaztekin 5. Intellectual property in creative industries: the economic perspective Christian Handke Part II National and Regional Perspectives 6. Intellectual property and creative industries policy in the UK Kristofer Erickson 7. Intellectual property and creative industries policy in Africa Enyinna Nwauche 8. The Creative industries and intellectual property in India Yudhishthir Raj Isar 9. If all you have is a hammer: Promoting the creative industries through EU copyright reform Julia Reda 10. Cultural creative industries from a cultural policy perspective: the case of Japan Emiko Kakiuchi Part III Intellectual Property, Creativity and Reward: Sharing and Enforcement 11. Open approaches to sharing: Registered and unregistered rights Andres Guadamuz 12. Open approaches to sharing: Egypt’s independent music - a realm of sharing and creativity Nagla Rizk 13. Intellectual property enforcement: empirical consideration of enforcement action Jane Cornwell 14. Enforcement and remedy: What is success? IP litigation and the Creative Industries Abbe E. L. Brown Part IV Case Studies: Coping with Legal, Social and Technical Change 15. Visual Arts: Artists’ voices from the field Smita Kheria 16. Problematising heritage crafts authorship and ownership: steps towards the intellectual property protection of the traditional Romanian blouse Amalia Sabiescu 17. Performing arts: a study of dance Charlotte Waelde and Sarah Whatley 18. Traditional knowledge: Protecting the intangible and tracing the development of international protection for folklore Stephen Collins 19. The creative sector and traditional knowledge Susy Frankel 20. Software: Intellectual property and artificial intelligence Roger Burt and Colin Davies 21. Copyright in Museums Amalyah Keshet Part V Cross-Sector Issues 22. Theory and philosophy Jaime Stapleton 23. How people understand intellectual property, creativity and reward Gregory N. Mandel 24. Appropriating value: on the relationship between business models and intellectual property Henning Berthold, Melinda Grewar, Shiona Chillas and Barbara Townley 25. Corporate social responsibility, intellectual property and the creative industries Abbe E. L. Brown, Nicholas Gervassis and Rumbidzai Mukonoweshuro Part VI Foresighting 26. The hard sell: economics and intellectual property policy in the creative and cultural industries Nicola Searle 27. Creative industries, diversity and intellectual property Irene Calboli 28. Creative economy: industry versus language? John Hartley 29. Distributed, cumulative, collaborative, collective creativity Valdimar Tr. Hafstein Index

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Book SynopsisThis book applies a novel conflict-based approach to the notions of `idea', `concept', `invention' and `immateriality' in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge's office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless `material' operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences. Grounds of the Immaterial offers an inventive and refreshing take on intellectual property rights which will be valued by academics and students in philosophy, legal theory, legal anthropology and intellectual property.Trade Review'Niels van Dijk's exploration of the way legal practitioners answer traditional philosophical questions such as ''what is an idea?'' is deeply inspirational. It leaves no place for rivalry between law and philosophy, but engages a mutual becoming in which each practice retains, or even rediscovers its vital thrust. The book will move readers, whether they are philosophers or legal practitioners, to a deeper appreciation of the capacity of their respective practice to invent its own questions and define its own problems.' --Isabelle Stengers, Universite libre de Bruxelles, BelgiumTable of ContentsContents: Introduction I. Legal Theory: From Intellectual Property To Informational Goods 2. Interlude ~ Turning to Legal Practice: Outlines Of A Transversal Approach 3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute 4. Legal Pointillism in Court: Towards the Composition of Judgment 5. Conclusion: Immaterial Performances in the Life of the Legal Dispute 6. Coda ~ Philosophy and Law: A Conflictive Encounter 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 SynopsisThis topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.Trade Review'Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.' --Rolf H. Weber, University of Zürich, Switzerland'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.' --Thomas Hoeren, University of Muenster, GermanyTable of ContentsContents: PART I ICANN AND GENERIC TOP-LEVEL DOMAINS 1. Introduction 2. A global ‘private’ regime governing the Domain Name System (DNS) 3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system 4. The 2012 generic Top-Level Domain (gTLD) programme PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR 5. Transnational private regulation 6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET 7. Property rights in generic Top-Level Domains (gTLDs) 8. Market regulation PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS 9. The application process 10. Expert determinations and procedural fairness PART V REGULATING DOMAIN NAME REGISTRATION AND USE 11. ‘Public interest’ regulation 12. Regulated non-use of domain names 13. Concluding remarks Bibliography Index

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Book SynopsisThe economic impact of intellectual property rights has been the subject of considerable debate and research. This engaging research review discusses literature by distinguished scholars who have addressed, from different perspectives and in different contexts, how such rights help to shape goods and technology markets. The economic effects of intellectual property vary depending on the sectors involved, the level of development of the countries where they apply, and the policies implemented to govern their recognition and enforcement. Written by an expert in the field, this review is essential reading for academics, students, professionals and policy makers interested in understanding the role of intellectual property in national economies as well as in an international dimension. Table of ContentsContents: Volume I Introduction Carlos M. Correa PART I HISTORICAL STUDIES [150 pp] 1. Josh Lerner (2002), ‘150 Years of Patent Protection’, American Economic Review: Papers and Proceedings, 92 (2), May, 221–5 [5] 2. Petra Moser (2013), ’Patents and Innovation: Evidence from Economic History’, Journal of Economic Perspectives, 27 (1), Winter, 23–44 [22] 3. Ha-Joon Chang (2001), ‘Intellectual Property Rights and Economic Development: Historical Lessons and Emerging Issues’, Journal of Human Development, 2 (2), 287–309 [23] 4. Joel Mokyr (2009), ‘Intellectual Property Rights, the Industrial Revolution, and the Beginnings of Modern Economic Growth’, American Economic Review: Papers and Proceedings, 99 (2), May, 349–55 [7] 5. B. Zorina Khan and Kenneth L. Sokoloff (2001), ‘History Lessons: The Early Development of Intellectual Property Institutions in the United States’, Journal of Economic Perspectives, 15 (3), Summer, 233–46 [14] 6. Luis Angeles (2011), ‘Institutions, Property Rights, and Economic Development in Historical Perspective’, Kyklos, 64 (2), May, 157–77 [21] 7. B. Zorina Khan (2002), ‘Intellectual Property and Economic Development: Lessons from American and European History’, Commission on Intellectual Property Rights: Study Paper 1a, accessed on 30th November 2017, 1–58, https://www.scribd.com/document/253416478/Khan-Intellectual-Property-and-Economic-Development-Lessons-From-American-and-European-History [58] PART II GENERAL (INCLUDING ECONOMETRIC STUDIES) [398 pp] 8. Carsten Fink and Keith E. Maskus (2005), ‘Why We Study Intellectual Property Rights and What We Have Learned’, in Intellectual Property and Development: Lessons from Recent Economic Research, Chapter 1, Washington, DC, USA: International Bank for Reconstruction and Development / The World Bank and New York, NY, USA: Oxford University Press, 1–15 [15] 9. Juan C. Ginarte and Walter G. Park (1997), ‘Determinants of Patent Rights: A Cross-National Study’, Research Policy, 26 (3), October, 283–301 [19] 10. Joseph E. Stiglitz (2008), ‘Economic Foundations of Intellectual Property Rights’, Duke Law Journal, 57 (6), April, 1693–724 [32] 11. Robert L. Ostergard, Jr (2014), ‘Economic Growth and Intellectual Property Rights Protection: A Reassessment of the Conventional Wisdom’, in Daniel Gervais (ed.), Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS-Plus Era, 2nd edition, Part I, Chapter 1, Oxford, UK and New York, NY, USA: Oxford University Press, 3–40 [38] 12. Keith E. Maskus (2000), ‘Intellectual Property Rights and Economic Development’, Case Western Reserve Journal of International Law, 32 (3), 471–506 [36] 13. Robert P. Merges (2000), ‘Intellectual Property Rights and the New Institutional Economics’, Vanderbilt Law Review, 53 (6), November, 1857–877 [21] 14. Yi Qian (2007), ‘Do National Patent Laws Stimulate Domestic Innovation in a Global Patenting Environment? A Cross-Country Analysis of Pharmaceutical Patent Protection, 1978–2002’, Review of Economics and Statistics, 89 (3), August, 436–53 [18] 15. Ryo Horii and Tatsuro Iwaisako (2007), ‘Economic Growth with Imperfect Protection of Intellectual Property Rights’, Journal of Economics, 90 (1), January, 45–85 [41] 16. Roberto Mazzoleni and Richard R. Nelson (1998), ‘The Benefits and Costs of Strong Patent Protection: A Contribution to the Current Debate’, Research Policy, 27 (3), July, 273–84 [12] 17. William Daley (2014), ‘In Search of Optimality: Innovation, Economic Development, and Intellectual Property Rights’, Global Sustainable Development Report (GSDR) Prototype Briefs 2014, accessed on 30th November 2017, 1–6, https://sustainabledevelopment.un.org/topics/science/crowdsourcedbriefs [6] 18. David M. Gould and William C. Gruben (1996), ‘The Role of Intellectual Property Rights in Economic Growth’, Journal of Development Economics, 48 (2), March, 323–50 [28] 19. Rod Falvey, Neil Foster and David Greenaway (2006), ‘Intellectual Property Rights and Economic Growth’, Review of Development Economics, 10 (4), November, 700–19 [20] 20. Alexander Peukert (2017), ‘Intellectual Property and Development – Narratives and their Empirical Validity’, Journal of World Intellectual Property, 20 (1–2), March, 2–23 [22] 21. Yuichi Furukawa (2007), ‘The Protection of Intellectual Property Rights and Endogenous Growth: Is Stronger Always Better?’, Journal of Economic Dynamics and Control, 31 (11), November, 3644–70 [27] 22. Andrew Torrance and Bill Tomlinson (2009), ‘Patents and the Regress of Useful Arts’, Columbia Science and Technology Law Review, X, May, 130–68 [39] 23. Amy Jocelyn Glass and Kamal Saggi (2002), ‘Intellectual Property Rights and Foreign Direct Investment’, Journal of International Economics, 56 (2), March, 387–410 [24] PART III SECTORAL STUDIES [146 pp] 24. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’, Santa Clara Computer and High Technology Law Journal, 26 (4), 487–532 [46] 25. Albert G. Z. Hu and I. P. L. Png (2013), ‘Patent Rights and Economic Growth: Evidence from Cross-Country Panels of Manufacturing Industries’, Oxford Economic Papers, 65 (3), July, 675–98 [24] 26. Richard C. Levin, Alvin K. Klevorick, Richard R. Nelson and Sidney G. Winter (1987), ‘Appropriating the Returns from Industrial Research and Development’, Brookings Papers on Economic Activity, 1987 (3), 783–831 [49] 27. Kenneth C. Shadlen, Andrew Schrank and Marcus J. Kurtz (2005), ‘The Political Economy of Intellectual Property Protection: The Case of Software’, International Studies Quarterly, 49 (1), March, 45–71 [27] Volume II Introduction An introduction to both volumes by the editor appears in Volume I PART I DEVELOPING COUNTRIES (GENERAL AND CASE STUDIES) [259 pp] 1. Cassandra Mehlig Sweet and Dalibor Sacha Eterovic Maggio (2015), ‘Do Stronger Intellectual Property Rights Increase Innovation?’, World Development, 66, February, 665–77 [13] 2. Yongmin Chen and Thitima Puttitanun (2005), ‘Intellectual Property Rights and Innovation in Developing Countries’, Journal of Development Economics, 78 (2), December, 474–93 [20] 3. Nagesh Kumar (2003), ‘Intellectual Property Rights, Technology and Economic Development: Experiences of Asian Countries’, Economic and Political Weekly, 38 (3), 18th January, 209–15, 217–26 [17] 4. Michael Blakeney and Getachew Mengistie (2011), ‘Intellectual Property and Economic Development in Sub-Saharan Africa’, Journal of World Intellectual Property, 14 (3–4), July, 238–64 [27] 5. Samuel Adams (2011), ‘Intellectual Property Rights, Innovation, and Economic Growth in Sub-Saharan Africa’, Journal of Third World Studies, XXVIII (1), Spring, 231–43 [13] 6. Peter K. Yu (2007), ‘Intellectual Property, Economic Development, and the China Puzzle’, in Daniel Gervais (ed.), Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS-Plus Era, 1st edition, Part II, Chapter 5, Oxford, UK and New York, NY, USA: Oxford University Press, 173–220 [48] 7. Anthipi Pouris and Anastassios Pouris (2011), ‘Patents and Economic Development in South Africa: Managing Intellectual Property Rights’, South African Journal of Science, 107 (11–12), November, 1–10 [10] 8. Jerome H. Reichman (2009), ‘Intellectual Property in the Twenty-First Century: Will the Developing Countries Lead or Follow?’, Houston Law Review, Symposium: Intellectual Property in International Perspective, 46 (4), April, 1115–85 [71] 9. Carlos M. Correa (2016), ‘Intellectual Property: How Much Room is Left for Industrial Policy?’, Journal of International Commerce, Economics and Policy, 7 (2), June, 1650012-1–1650012-22 [22] 10. Commission on Intellectual Property Rights (2002), ‘Intellectual Property and Development’, in Integrating Intellectual Property Rights and Development Policy: Report of the Commission on Intellectual Property Rights, Chapter 1, accessed 1st June 2020, 11–28, http://www.iprcommission.org/papers/pdfs/final_report/ciprfullfinal.pdf [18] PART II DEVELOPED COUNTRIES [228 pp] 11. Larry D. Qiu and Huayang Yu (2010), ‘Does the Protection of Foreign Intellectual Property Rights Stimulate Innovation in the US?’, Review of International Economics, 18 (5), November, 882–95 [14] 12. Michele Boldrin and David K. Levine (2013), ‘The Case Against Patents’, Journal of Economic Perspectives, 27 (1), Winter, 3–22 [20] 13. F. M. Scherer (2009), ‘The Political Economy of Patent Policy Reform in the United States’, Journal on Telecommunications and High Technology Law, 7 (2), Spring, 167–216 [50] 14. Fritz Machlup (1958), ‘An Economic Review of the Patent System’, in Study of the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-Fifth Congress, Second Session Pursuant to S. Res. 236, Study No. 15, Washington, DC, USA: United States Government Printing Office, II–VI, 1–86 [91] 15. Giovanni Dosi and Joseph E. Stiglitz (2014), ‘The Role of Intellectual Property Rights in the Development Process, with Some Lessons from Developed Countries: An Introduction’, in Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman and Joseph E. Stiglitz (eds), Intellectual Property Rights: Legal and Economic Challenges for Development, Chapter 1, New York, NY, USA: Oxford University Press, 1–53 [53] PART III INTELLECTUAL PROPERTY RIGHTS AND OTHER INCENTIVE MECHANISMS [192 pp] 16. Rufus Pollock (2006), ‘Cumulative Innovation, Sampling and the Hold-Up Problem’, Danish Research Unit for Industrial Dynamics (DRUID) Working Paper No. 06-29, 1–25 [25] 17. Nancy Gallini and Suzanne Scotchmer (2002), ‘Intellectual Property: When Is It the Best Incentive System?’, Innovation Policy and the Economy, 2, 51–77 [27] 18. Steven Shavell and Tanguy van Ypersele (2001), ‘Rewards versus Intellectual Property Rights’, Journal of Law and Economics, XLIV (2), October, 525–47 [23] 19. Timothy Swanson and Timo Goeschl (2014), ‘The Distributive Impact of Intellectual Property Regimes: A Report from the “Natural Experiment” of the Green Revolution’, in Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman and Joseph E. Stiglitz (eds), Intellectual Property Rights: Legal and Economic Challenges for Development, Part III, Chapter 9, New York, NY, USA: Oxford University Press, 264–87 [24] 20. Heidi L. Williams (2013), ‘Intellectual Property Rights and Innovation: Evidence from the Human Genome’, Journal of Political Economy, 121 (1), February, 1–27 [27] 21. Sunil Kanwar and Robert Evenson (2003), ‘Does Intellectual Property Protection Spur Technological Change?’, Oxford Economic Papers, 55 (2), April, 235–64 [30] 22. F. M. Scherer (2015), ‘First Mover Advantages and Optimal Patent Protection’, Journal of Technology Transfer, 40 (4), August, 559–80, Erratum [23] 23. Daniele Archibugi and Andrea Filippetti (2010), ‘The Globalisation of Intellectual Property Rights: Four Learned Lessons and Four Theses’, Global Policy, 1 (2), May, 137–49 [13]

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Book SynopsisIntellectual Property Perspectives on the Regulation of New Technologies explores the challenges that emerging technologies and technology-driven practices pose for traditional notions of intellectual property (IP) law and policy. This book exposes the intimate relationship between IP and technology and demonstrates how most substantial revisions to IP law have been driven by technological innovations. Authors offer perspectives from across the intellectual property law spectrum and address questions such as: is the law evolving in the right direction?; and is the regulation of emerging technologies supported by sound policy objectives? The resulting discussion exposes the disparate manner in which IP law has responded to challenges posed by innovation and new technologies. In Part I authors explore whether the regulation of new technologies has fundamentally altered the object and purpose of IP law, including the balance of interests. Part II focuses on the impact of digital technologies, specifically on copyright law and policy. Covering a diverse range of topics, this book will be of interest to scholars who are researching the relationship between technological development and IP law and practice. It will also be a useful resource for those who have an interest in the evolving nature of IP law.Contributors include: J. Axhamn, M.L.L. Barcellos, R. Giblin, J.C. Ginsburg, P. Kamocki, A. Nordberg, T. Pistorius, I. Stamatoudi, T.-E. Synodinou, M.A. Wilkinson, H. XueTable of ContentsContents: Introduction: Tana Pistorius PART I IMPACT OF NEW TECHNOLOGIES ACROSS IP 1. What is the role of new technologies in tensions in Intellectual Property? Margaret Ann Wilkinson 2. Caveats of intermediary liability in the Domain Name System A review of the ICANN new gTLD right protection measures Hong Xue 3. Patentability of human enhancement: from ethical dilemmas to legal (un)certainty Ana Nordberg 4. Patent claim interpretation and new technologies: re-thinking the problem/solution approach Milton Lucídio Leão Barcellos PART II TECHNOLOGICAL DEVELOPMENTS AND COPYRIGHT 5. Asking the right questions in copyright cases: Lessons from Aereo and its international brethren Rebecca Giblin and Jane C. Ginsburg 6. Contemporary challenges to the territorial nature of copyright Johan Axhamn 7. ‘Browsing’, ‘Linking’ and ‘Framing’ in the light of the EU Court of Justice’s (CJEU) case law Irini Stamatoudi 8. The liability of intermediaries for online copyright infringement in the EU: new evolutions Tatiana-Eleni Synodinou 9. The Argument for "Non-Consumptive Use" in the EU: How Copyright Could be Redefined to Allow Text and Data Mining Paweł Kamocki Index

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Book SynopsisTraditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.The Protection of Traditional Knowledge on Genetic Resources analyzes various means of protection for traditional knowledge that cohere with Rawls? and Coase?s specific objectives regarding fairness and efficiency. It utilizes flexibilities provided by binding international conventions in the field in order to propose alternative methods to protect different forms of traditional knowledge. Frantzeska Papadopoulou reaches the conclusion that property, liability and reward systems are forms of protection that fulfill the fairness and efficiency criteria whilst remaining compliant with the general international legal framework.This book is ideal for international property law and development academics and policy makers, especially those working on international property rights (IPRs), as it proposes a novel methodological framework for the evaluation of IPRs.Trade Review'Few areas of international law pose such diverse and complex issues as TKGR. This rich book not only reflects the multifaceted nature of the issues in the border area between the CBD, TRIPS and time honored principles and customs of law. It also offers a stunning view of past and present legislative attempts and develops a comprehensive legal and theoretical framework, which combines notions of fairness with principles of efficiency. The book is a must read for all working and thinking in the area.' --Jens Schovsbo, University of Copenhagen, Denmark'This contribution to the international debate on the protection of Traditional Knowledge and Genetic Resources (TKGR) represents an important new step and is a revelation. The book conveys both emotional and scientific insight and is a sensible call for rethinking and unleashing an area that has tended to be stuck between traditional thinking and political compromises. Frantzeska Papadopoulou's work provides a scientific foundation for looking at the TKGR world, and its values, with new eyes. Read it and get inspired!' --Marianne Levin, Stockholm University, SwedenTable of ContentsContents: 1. When Arrows From the Jungle Aim to the Heart of the Modern Intellectual Property Rights (IPRs) 2. Towards a Horizontal and Vertical Institutionalisation of TKGR Trade 3. TKGR Protection: Major Implementation Lines 4. Contractual Accommodation of Rights to TKGR 5. To Protect or Not to Protect 6. Where Traditional Knowledge Meets Modern IPRS Bibliography Index

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Book SynopsisThis timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.Trade Review‘This book gives an expert overview of jurisdiction rules in the field of intellectual property and stands as a must-have for any practitioner, student and scholar interested in international intellectual property litigation. This guide will definitely be a strategic asset in everyone’s library.' -- Journal of Intellectual Property Law & Practice‘Intellectual Property Jurisdiction Strategies: Where to LitigateTable of ContentsPART I: INTRODUCTION 1. Introduction PART II: NUMBER OF JURISDICTION RULES 2. Jurisdiction framework 3. Jurisdiction rules PART III: NATURE OF JURISDICTION RULES 4. General principles 5. Defendant’s domicile rule 6. Establishment rule 7. Plaintiff’s domicile rule 8. Multiple defendants' rule 9. Forum delicti rule 10. Central division rule 11. Exclusive jurisdiction rule PART IV: CONCLUSION 12. Conclusion Index

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Book SynopsisCreativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents.This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.Trade Review'This book discusses how emerging technologies link to innovation and creativity that can bring immense benefits to society, and stresses how legal systems (e.g., copyright) can help motivate and protect such development. I recommend the book to all technology enthusiasts who are keen on applying cutting-edge technology and knowledge.' --Hing Kai Chan, University of Nottingham Ningbo China'This book is a very original account of the importance of creativity within society. James Griffin has incorporated a wide range of materials and subjects to develop and establish his core argument that creativity is critical to the future of humanity. The book should be a primary reference for regulators, policymakers and researchers considering legal reforms, especially for 3D printing.' --Onyeka Osuji, University of Essex, UKTable of ContentsContents: 1. The history of pro(creation) 2. A third dimension: Creativity and the Individual – State relationship 3. A virtual reality? Creativity and the Individual: The importance of creative space 4. A fourth dimension: The administrative core 5. A fourth dimension imperilled by the third? The threatening space between the zone of discourse and the administrative core 6. The flow of reproduction – The reproduction of creativity as part of the proprietary discourse 7. An augmented reality (1) – Identifying the process of creativity 8. An augmented reality (2) – Reform – The proposed licensing system 9. An augmented reality (3) – The proposed regulatory body 10. Conclusion – The future of the creative State Index

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Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index

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Book SynopsisThe fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. This second volume of Kritika, like the first, sees its contributors writing on core themes and concepts of intellectual property. The essays deal with the current limits of economic knowledge and approaches to intellectual property; China's approach to innovation and intellectual property; a functional and constructivist account of intellectual property rights; the evolution of the essential facilities doctrine, including in the Chinese context; the emergence of multi-layered IP protection for designed objects; the changing balance of the interests of trade mark proprietors, competitors and consumers; the interaction between place and non-agricultural geographical indications; and the trajectory of increased protection for intellectual property and some of its likely consequences. With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel VivantTrade Review‘This is a very impressive collection of essays which feels relevant and comprehensive. The book deals with the spectrum of IP rights, drawing useful comparisons between them and keeping the material fresh and varied.’ -- Journal of Intellectual Property Law & PracticeTable of ContentsContents: 1. Cognitive dissonance in the economics of patent protection, trade and development Keith E. Maskus 2. Taobao, WeChat and Xiaomi: how innovation flourishes in China’s ‘fertile land of intellectual property piracy’ Ken Shao 3. Intellectual property rights and their functions: determining their legitimate ‘enclosure’ Michel Vivant 4. Intellectual property, standards, and antitrust: a new life for the essential facilities doctrine? Some insights from the Chinese regulation Giuseppe Colangelo and Roberto Pardolesi 5. Design law: caught between chairs? Jens Schovsbo and Thomas Riis 6. The development of trade marks into common names of products: a strong push towards a purely objective view of language evolution Vincenzo Di Cataldo 7. Geographies of taste, fashion, tradition and place Johanna Gibson 8. It’s raining carrots: the trajectory of increased intellectual property protection Susy Frankel Index

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Book SynopsisExploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers. Trade Review'The relationship between technology protected as intellectual property and its uses to address global climate change is far from simple. In this book Professor Brown draws on her in-depth knowledge of intellectual property law and international climate change policy issues to unpack those complexities and present a detailed analysis of how the two areas could more productively interact. Researchers and policymakers will benefit from reading this thought provoking book.' --Susy Frankel, Victoria University of Wellington, New Zealand'Abbe Brown's professional background, spanning practice and academia, makes her exceptionally well placed to consider workable solutions to climate change challenges. Spanning IP, competition and human rights and bringing in new approaches to statutory interpretation, Brown seeks to break down barriers and encourage judges and policy makers to take new approaches to these pressing problems. Finding practical solutions is core to Professor Brown's intellectual enquiry and she does not disappoint, adding important insights as to how significant progress could be made.' --Charlotte Waelde, Coventry University, UK'At the core of this book is this question: What is law's role in the package of solutions to mitigate climate change? That package will involve the invention and deployment of new technologies. Intellectual property will play a crucial role: it is meant to create incentives for innovation but it can also create barriers to the use of new technologies. The book offers the reader a comprehensive view of the law - and specifically IP law - in building a pathway to a low-carbon future.' --Daniel Gervais, Vanderbilt University, USTable of ContentsContents: Foreword Preface 1. Introduction 2. National legislation and policy making 3. Conflict and alignment? Rationales and litigation 4. Conflict and realities: presenting case studies 5. Present approaches, opportunities and challenges 6. New judicial approaches 7. Above the radar: delivering integration 8. Investor State Dispute Settlement: crossing boundaries? 9. Closing Thoughts Index

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Book Synopsis'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'- Rochelle Dreyfuss, New York University, School of Law, USIntellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. YuTrade Review'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.' --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.' --Raquel Xalabarder, The Open University of Catalonia, Spain'Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.' --Martin Senftleben, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko 2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer 3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths 5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel 6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo 8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata 9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller 11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad 12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger 13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law! Stefan Martin 14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl Part II Intellectual Property and courts in the United States and Japan 15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn 16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka 17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel 19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu 20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais Index

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Book SynopsisThis ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law. Using interesting examples, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of appropriators, authors, consumers and owners. The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences.Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.Table of ContentsContents: Foreword Introduction to Literary Characters in Intellectual Property Law 1. Works of fiction: are literary characters copyright works? 2. The right to reproduce literary characters 3. The right to adapt literary characters 4. The moral of the story: literary characters and moral rights 5. What’s in a name? Literary characters as registered trade marks 6. Character confusion: literary characters as unregistered trade marks 7. Sharing characters: exceptions and user rights in literary characters 8. Conclusion to Literary Characters in Intellectual Property Law Index

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Book SynopsisThe growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required.Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. WitzigTable of ContentsContents: Foreword Daniel Kraus, Olivier Hari and Thierry Obrist Introduction Daniel Kraus 1. Blockchains – Perspectives and challenges Vincent Mignon 2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry Pascal Witzig and Victoriya Salomon 3. Aspects of Private International Law Related to Blockchain Transactions Florence Guillaume 4. When Disruptive Meets Streamline: International Standardization in Blockchain Panagiotis Delimatsis 5. How Smart Can a Contract Be? Blaise Carron and Valentin Botteron 6. Aspects of Swiss financial Regulation Biba Homsy 7. The protection of cryptocurrencies’ owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin Olivier Hari 8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law Nadja Capus and Maëlle Le Boudec 9. Blockchains: Aspects of Intellectual Property Law Daniel Kraus and Charlotte Boulay 10. Blockchain and Data Protection Adrien Alberini and Vincent Pfammatter 11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective Thierry Obrist and Roland A. Pfister Index

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Book SynopsisThe second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.Trade Review'The book is an excellent read for anyone preparing for their first oppositions or appeals, as it gives a very good overview with practical tips as well as common pitfalls to avoid. For the more experienced ones, the big benefit of the book is the abundant references to case law. A section I particularly appreciated was the very clear and explicit explanation of hearing of witnesses. Another big bonus is of course the references to the 2020 Rules of Procedure of the Boards of Appeal.' --Kaisa Suominen, Moosedog Oy, Finland'This excellent book brings together the theory and practice of opposition and appeal at the European Patent Office. The expert authors explain the legal framework in an accessible manner and provide numerous tips which are based on many years of experience. This book helps you to make the right choices already during drafting the patent application and in opposition so that you will be in the best possible starting position for your appeal under the 2020 Rules of Procedure.' --Nyske Blokhuis, EP&C Patent Attorneys, the Netherlands/BelgiumTable of ContentsContents: Preface 1. Introduction 2. Drafting and prosecution stage 3. Opposition stage 4. Appeal stage – inter partes appeals 5. Appeal stage – ex parte appeals 6. Further issues 7. Conclusion Index

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Book SynopsisUniversities everywhere are increasingly being encouraged to translate their research findings into practical applications that will further the common good through technology transfer, a process in which intellectual property (IP) laws and systems play a central role. This Research Handbook skilfully places IP issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future. Written by leading experts from across the world, this Research Handbook offers new insights into our understanding of this area and its practical implications, situating IP and technology transfer within larger dialogues concerning the future of the research university. It illuminates a complex ecosystem in which the stakes are high and best practices are nuanced. Not overlooked are the most timely and controversial topics in the field, including inter partes review proceedings, conflicts of interest, patent enforcement and the public good, 3D printing, and university treatment of data. This Research Handbook will prove critical reading for scholars of both technology transfer and IP, as well as for practitioners working in these fields. Stakeholders such as university presidents and governing boards and members of higher education organizations will also find it insightful and useful. Contributors include: D.R. Cahoy, J. Carter-Johnson, Z. Chu, J.L. Contreras, M. Costa, J.A. Cunningham, C.L. Dahl, R. Feldman, T. Firpo, B.L. Frye, S. Ghosh, P. Guarda, C.S. Hayter, P. Lee, M.A. Lemley, B.J. Love, M.J. Madison, M.S. Mireles, M. Nicotra, E. Oliver, B. Pilz, M. Rimmer, M.D. Rinehart, M. Romano, J.H. Rooksby, C.J. Ryan, J.A. Sebeok, T. Sherer, L. Vertinsky, J.B. Warshaw, S. XiaoxueTrade Review‘Policy makers, scholars, university managers concerned with issues such as conflicts of interest and those concerned with the future potential for collaborative ventures in the industry-commerce field, will be able to find a valuable source of material in the detailed research reflected in this collection.’ -- John Hull, European Intellectual Property Review'As university technology transfer operations assume increasing responsibility for a broad range of innovation-related activities, this timely and important contribution provides an essential reference guide. Chapters covering both history and current practice establish the still evolving role of technology transfer within the university as a still evolving knowledge enterprise. The emphasis on the innovation economy and the public good firmly situates the book within the modern conception of this critical university function.' --Michael Crow, Arizona State University, US'This Research Handbook is an indispensable guide for understanding current U.S. university technology transfer practices, and the related conflicts and tensions. It provides a fascinating insight into the evolution of technology transfer and the political dynamics among and within universities in the background of the Bayh-Dole Act and the America Invents Act. . . . overall the Research Handbook should be of considerable value both to practitioners and scholars in enhancing their understanding of technology transfer issues and concerns.' --Robert Hardy, Council on Governmental Relations, USTable of ContentsContents: 1 Introduction to the Research Handbook on Intellectual Property and Technology Transfer 1 Jacob H Rooksby PART I TECHNOLOGY TRANSFER COMES OF AGE: POLICIES, PRACTICES AND POLITICS 2 University technology transfer structure and intellectual property policies 4 Jennifer Carter-Johnson 3 The politics of university technology transfer 41 Jessica A Sebeok 4 Bayh-Dole beyond patents 69 Shubha Ghosh 5 University as knowledge-based enterprise: organizational design and technology transfer 92 Jarrett B Warshaw 6 Policy advocacy and organizational change at the Association of University Technology Managers (AUTM) 131 Christopher S Hayter and Jacob H Rooksby 7 Conflicts of interest and academic research 143 Jorge L Contreras and Marc Daniel Rinehart 8 Modern intellectual property valuation in the academic technology transfer setting 166 Bryce Pilz PART II INTELLECTUAL PROPERTY AND TECHNOLOGY TRANSFER IN THE INNOVATIVE UNIVERSITY 9 The innovation arms race on academic campuses 196 Todd Sherer and Liza Vertinsky 10 Tacit knowledge and university-industry technology transfer 214 Peter Lee 11 Technology transfer and the public good 236 Brian L Frye and Christopher J Ryan, Jr 12 US patent sales by universities and research institutes 256 Brian J Love, Erik Oliver and Michael Costa 13 Intellectual property exchanges and auctions: non-traditional mechanisms for technology transfer 283 Daniel R Cahoy 14 Currents and crosscurrents in litigation of university and nonprofit related patents: is there a coming wave of patent litigation involving those patents? 309 Teo Firpo and Michael S Mireles 15 Is patent enforcement efficient? 324 Mark A Lemley and Robin Feldman 16 Reviewing inter partes review five years in: the view from university technology transfer offices 339 Cynthia Laury Dahl 17 Data governance and the emerging university 364 Michael J Madison 18 “Free data?”: open science in the age of personal data protection 391 Paolo Guarda PART III GLOBAL PERSPECTIVES ON INTELLECUTAL PROPERTY AND TECHNOLOGY TRANSFER 19 A European perspective on intellectual property and technology transfer 412 James A Cunningham, Marco Romano and Melita Nicotra 20 The current state of university technology transfer in China 434 Zhang Chu and Shi Xiaoxue 21 Make and share: intellectual property, higher education, technology transfer, and 3D printing in a global context 447 Matthew Rimmer Index 480

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Book SynopsisSarnoff's Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I m quite pleased to have it on my bookshelf.'- Eric Lane, Green Patent BlogWritten by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade.The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyze the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.Contributors: P. Ala'i, C. de Avila Plaza, D. Borges Barbosa, P. Bifani, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. YuTrade Review'Given Di Caprio's acceptance speech at the Oscars, calling on the world to take climate change seriously, this terrific tome could not have been more timely! Boasting a splendid array of scholars and policy makers, it traverses a wide spectrum of issues at the interface of IP and climate change technologies. Professor Joshua Sarnoff needs to be commended for conceptualizing and co-ordinating this project, resulting in a bountiful book that offers incisive insights on one of the foremost policy challenges facing the world today!' --Dr Shamnad Basheer, India'Tackling the climate problem will require the development, deployment and transfer of a wide variety of technologies at a pace and scale unprecedented outside of wartime. This will involve not only the environmental, energy and treaty laws familiar to climate law specialists, but also a bewildering array of issues under intellectual property, trade, procurement and other legal fields. Joshua Sarnoff has done a wonderful job in assembling leading experts from around the world to illuminate these complex matters.' --Michael B. Gerrard, Columbia Law School'In the wake of the Paris Agreement, there is a great need to encourage a transition to a clean energy world economy. Intellectual property and innovation policy will play a critical role in research, development, and deployment of clean technologies. In this context, the Research Handbook on Intellectual Property and Climate Change edited by Joshua Sarnoff is essential reading. This landmark collection provides a comprehensive examination of the inter-relationship between intellectual property and climate change. Leading authors from around the world tackle topics such as international law, patent law, green trade marks, copyright law, and trade secrets law. The Research Handbook on Intellectual Property and Climate Change also considers larger public policy issues in respect of climate finance, innovation law and policy, government procurement, standard-setting, and competition law.' --Matthew Rimmer, Queensland University of Technology, QueenslandTable of ContentsContents: 1. Introduction Joshua D. Sarnoff 2. Climate Science and Policy Responses David Hunter 3. International Law and Institutions for Climate Change Sanford E. Gaines 4. Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement Daniel J. Gervais 5. Intellectual Property Rights Under the UNFCCC: Without Response to Developing Countries’ Concerns Carlos M. Correa 6. The Intellectual Property Regime: Are There Lessons for Climate Change Negotiations? Peter Drahos 7. Intellectual Property Enforcement and Global Climate Change Peter K. Yu 8. Beyond Technology Transfer: Protecting Human Rights in a Climate-constrained World The International Council On Human Rights Policy 9. Behind the Wall: Global Climate Change and American Religion Robert K. Musil 10. Technology Transfer for Climate Change and Developing Country Viewpoints on Historical Responsibility and Common but Differentiated Responsibilities Dalindyebo Shabalala 11. Government Choices in Innovation Funding Joshua D. Sarnoff 12. Catalyzing Technology Development Through University Research Jorge L. Contreras and Charles R. McManis 13. Antitrust and Climate Change Michael A. Carrier 14. Climate Change Innovation, Products and Services Under the GATT/WTO System David A. Gantz and Padideh Ala’i 15. The Role of Government Procurement in Regard to Development, Dissemination and Costs of Climate Change Technologies Denis Borges Barbosa and Charlene de Avila Plaza 16. Patents and Climate Change Joshua D. Sarnoff 17. Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions Sharon K. Sandeen and David S. Levine 18. The Role of Copyright in the Protection of the Environment and the Fight Against Climate Change: Is the Current Copyright System Adequate? Estelle Derclaye 19. Intellectual Property and Related Rights in Climate Data Michael W. Carroll 20. Green Marks Christine Haight Farley 21. Standards and Related Intellectual Property Issues for Climate Change Technology Jorge L. Contreras 22. Privacy Issues in Smart Grid Deployment Jennifer M. Urban 23. Energy Steven Ferrey 24. Transportation Paolo Bifani, David Vivas-Eugui, and Hiafeng Wang 25. Food Geoff Tansey 26. Natural Resources Baskut Tuncak Index

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Book SynopsisThe legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed.Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.Contributors include: A. Alén-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistö, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckström LindroosTrade Review'This book presents a unique and comprehensive perspective on online content distribution in the Digital Single Market (DSM). It goes beyond the current copyright debates and includes a highly relevant discussion on emerging technologies such as 3D design and AI generated content. It is necessary reading for anyone who is following the efforts in the European Union to adopt a Directive in this field.' --Niklas Bruun, IPR University Center, FinlandTable of ContentsContents: PART I – INTRODUCTION 1. Introduction Taina Pihlajarinne, Juha Vesala, Olli Honkkila PART II - COPYRIGHT AND ONLINE DISTRIBUTION – ON A PATH TO FRAGMENTATION? 2. The DSM Directive: A package (too) full of policies Martti Kivistö 3. Linking and copyright – a problem solvable by functional-technical concepts? Taina Pihlajarinne 4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case. Valentina Moscon 5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion Péter Mezei 6. Extended collective licensing and online distribution - prospects for extending the Nordic solution to the digital realm Anette Alén-Savikko and Tone Knapstad 7. Liability and access to contact information: striking the balance when service is used to distribute copyrighted digital content Katja Weckström Lindroos PART III EMERGING TECHNOLOGIES FOR ONLINE DISTRIBUTION – MORE FRAGMENTATION IN THE FUTURE? 8. AI-generated content: authorship and inventorship in the age of artificial intelligence Rosa Maria Ballardini, Kan He and Teemu Roos 9. Winds of change: conceptualising copyright law in a world of 3D models and 3D design files – a perspective from the UK Dinusha Mendis 10. Different aspects of trade mark confusion with respect to distribution of CAD files in the era of 3D printing Taina Pihlajarinne and Max Oker-Blom PART IV - DIGITAL SINGLE MARKET, COMPETITION AND REGULATION 11. Digital single market, digital content and consumer protection – critical reflections Katri Havu 12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’? Giuseppe Mazziotti 13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified Juha Vesala 14. Protecting domestic online content distribution in the EU: The impact of geo-blocking and open Internet rules on non-EU over-the-top players Marta Cantero 15. The Internet access provider’s commercial practices under the EU rules on open Internet Olli Honkkila PART V – CONCLUDING REMARKS 16. Concluding remarks Taina Pihlajarinne, Juha Vesala and Olli Honkkila Index

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Book SynopsisThe fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.This third volume of Kritika again brings together leading scholars from different fields and disciplines. Their essays reflect on some of the big problems in the field, addressing issues such as the way that institutions like WIPO continue with their propertization missions, how the bells of lobbyists toll incessantly for new data rights, and the ways in which discourses of human rights and information justice struggle to turn intellectual property from an instrument of private accumulation into one of service for the common good. Important questions in the field are also tackled, for example, how does the Islamic view of knowledge as life cohere with intellectual property, at a time when, as other essays show, intellectual property grounds new forms of state imperium?With contributions from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona MacmillanTable of ContentsContents: 1. ‘Love is blind, and lovers cannot see’: Resisting Copyright’s Romance Fiona Macmillan 2. The hypertrophy of German copyright law – And some fragmentary ideas on information law Thomas Hoeren 3. Against ‘Data Property’ P. Bernt Hugenholtz 4. Who am I? Of patent independence and ‘adjudicative regulators’ Shamnad Basheer and Rahul Bajaj 5. Rethinking the Foundations of Intellectual Property: Applying Islamic Principles on Selected Contemporary IP Challenges Mohammed El Said 6. Remodelling Global Intellectual Property Sara Bannerman 7. New economic models, new forms of state: The emergence of the ‘info-imperium’ state Blayne Haggart Index

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Book SynopsisThis fully updated book offers a compact and accessible account of EU intellectual property law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU's programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP's relationship with the EU's rules on free movement of goods and competition, as well as examining the enforcement of IP rights.Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of intellectual property is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world.Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.Trade Review'The late Catherine Seville was a wonderfully meticulous yet wide-ranging and innovative scholar of intellectual property law. This book on European Union IP law, treating the subject as a whole in its own right, is characteristic of her contribution, and superbly combines overview with critical comment and analysis. With both the EU and IP at something of a crossroads, Catherine's second edition could not be more timely.' --Hector L. MacQueen, University of Edinburgh Law School, UK'This second edition of EU Intellectual Property Law and Policy is indispensable for students and researchers alike. It is a user-friendly, insightful and comprehensible book.' --Jamil Ammar, Rutgers The State University of New Jersey, Newark, US and York University, CanadaTable of ContentsContents: 1. Introduction 2. Copyright and Related Rights 3. Patents and Related Rights 4. Designs 5. Trade Marks and Related Rights 6. Intellectual Property, Free Movement and Competition 7. Enforcement of Intellectual Property Rights Index

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Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, USTable of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427

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Book SynopsisThis authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.Trade Review'In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.' -- Tania Voon, University of Melbourne, Australia'The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.' -- Michael Geist, University of Ottawa, CanadaTable of ContentsContents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index

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Book SynopsisThis book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable. Contributors include: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Díaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van EechoudTrade Review'As the first wave of national implementations of the EU Trade Secrets Directive has hit, it is of great interest to identify the central issues of the new legal framework in different jurisdictions. This timely contribution delivers just that: a number of perspectives from different EU countries give account of their respective national implementation and prepare the stage for a valuable comparative law perspective on the protection of Trade Secrets. Moreover, the book encompasses a cutting-edge assessment of the Directive's effects on topical issues (employee mobility, big data, AI, personalised medicine, etc).' --Matthias Leistner, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: I. Introduction Jens Schovsbo, Timo Minssen, Thomas Riis 1. An Appraisal of the EU Directive on Trade Secrets II. The Directive and Its Context 2. The Directive on Trade Secrets and its Background Jens Schovsbo 3. Trade Secret Law as part of Information Law Henrik Udsen, Jens Schovsbo and Berdien van der Donk 4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law Sharon K. Sandeen III. Implementation of the Directive 5. UK Implementation of the Trade Secrets Directive Tanya Aplin and Richard Arnold 6. The Implementation of the Trade Secrets Directive in the Nordic Countries Jens Schovsbo and Niklas Bruun 7. Germany: The Trade Secrets Protection Act of 2019 Ansgar Ohly 8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain Ana Nordberg and Bárbara Díaz Alaminos IV. Specific issues 9. The Trade Secrets Directive and Employees Bengt Domeij 10. Choice of Law in EU Trade Secrecy Cases Rochelle Cooper Dreyfuss and Mireille van Eechoud 11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron? Ana Nordberg 12. Enforcement of Rights in Trade Secrets Thomas Riis V. Specific sectors 13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities Jakob S. Sherkow and Timo Minssen 14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off Nari Lee 15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe Neethu Rajam Index

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Book SynopsisThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.Trade Review'This is an insightful and fascinating read for anyone interested in the history and future of copyright law. As a prolific photographer and attorney (as well as a former senior policy advisor for the U.S. Copyright Office), Christopher S. Reed writes from a unique, bird's eye perspective on the public's perception of copyright issues and legislation, and what the future of copyright policy may hold. Definitely a must read!' --Keith Kupferschmid, Copyright Alliance, US'Christopher S. Reed sets the stage to understand the current history of the Copyright Office and the Copyright Act. His book is interesting and insightful, creating a record that will be important to scholars and historians at a key time in our copyright development. For anyone teaching or wanting to know about current issues within the context of the last few years, this is the go-to book. Reed knows his stuff, and makes it understandable and readable too.' --Elizabeth Townsend Gard, Tulane University, USTable of ContentsContents: Preface PART I 1. New beginnings 2. Thinking a little more boldly PART II 3. Orphan works and mass digitization 4. Online copyright enforcement 5. Copyright protection systems 6. Visual arts 7. Music licensing 8. Cable, satellite, and the future of television 9. Administering the copyright law PART III 10. Regime changes 11. Toward the next great copyright act? Index

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Book SynopsisCarefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.As well as setting out the legal framework for the main IP rights – copyright, patents, designs, trademarks, and related rights – the book examines the enforcement of IP rights, and the relationship of IP with the EU’s rules on the free movement of goods and competition. It also addresses the increasingly global exploitation of IP, while harmonisation remains partial, even at the EU level.This authoritative reference work is a rigorous and precise account of these complex and technical fields. It will be an essential resource for both practitioners and scholars in the field of IP.Key Features: Significantly updated and expanded since the second edition Precise and eloquent examination of all IP rights in the EU Coverage of the interaction between EU, National and International laws A key reference work for practitioners and academics Trade Review‘The late Catherine Seville was a wonderfully meticulous yet wide-ranging and innovative scholar of intellectual property law. This book on European Union IP law, treating the subject as a whole in its own right, is characteristic of her contribution, and now, sensitively edited and extended by Justine Pila, continues superbly to combine overview with critical comment and analysis as both EU and IP law undergo some fundamental changes.’ -- Hector L. MacQueen, Emeritus Professor, University of Edinburgh, UKTable of ContentsContents: Preface to the Second Edition Preface to the Third Edition 1. Introduction to Seville’s EU Intellectual Property Law and Policy 2. Copyright and related rights 3. Patents and related rights 4. Designs 5. Trade marks and related rights 6. Intellectual property, free movement, and competition 7. Enforcement of intellectual property rights Index

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Book Synopsis2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. YuTable of ContentsContents: Introduction: 50 years of the World Intellectual Property Organization Sam Ricketson 1. The foundation of the World Intellectual Property Organization: what came before Gillian Davies and Sam Ricketson 2. The Role of WIPO as an International Organization Alison Duxbury 3. WIPO: a brief institutional history and overview Gillian Davies and Sam Ricketson 4. WIPO: a view from inside and outside the tent Dr. Mihály Ficsor 5. Copyright and related rights: WIPO’s role in formulating international norms in this area Sam Ricketson and Tanya Aplin 6. WIPO’s Role in Procedural and Substantive Patent Law Harmonization Rochelle Dreyfuss and Jerome Reichman 7. Non-Conventional Marks and the Obstacle of Functionality – WIPO’s Role in Fleshing Out the Telle Quelle Rule Graeme Dinwoodie and Annette Kur 8. Making a Place for Place-Based IP: WIPO and Geographical Indications Dev Gangjee 9. Protection of Industrial Designs: a Twenty first Century Challenge for WIPO Antoon Quaedvlieg 10. WIPO, Development Cooperation and the Development Agenda Michael Blakeney 11. Education and Training, Technical Assistance Programs Raquel Xalabarder 12. The Relationship between WIPO and the WTODaniel Gervais 13. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Silke von Lewinski 14. WIPO and IP Dispute Resolution Andrew F. Christie 15. WIPO’s Role in Collating and Publishing Data and Statistics, and in Economic Analysis David Lindsay 16. Muddling Through Successfully: financing and governing WIP OIan Heath 17. WIPO and Treaty Interpretation Susy Frankel 18. Caught in the Middle: WIPO and Emerging Economies Peter K Yu 19. ‘Nothing for us, without us’: growth and diversity in observers' participation in WIPO. Antony Taubman 20. Modernizing Copyright and Saving the Planet? Speculations on WIPO’s Future Role Rebecca Giblin, Kimberlee Weatherall, Jane C Ginsburg and Jukka Liedes 21. WIPO – appraising the first 50 years Sam Ricketson Index

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Book SynopsisThis innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gáspár-Szilágyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. YuTrade Review'This Research Handbook is an essential resource for anyone working on intellectual property issues that cross international borders. As investment law reshapes the global governance of knowledge, Christophe Geiger has assembled some of the world's top scholars to address opportunities and challenges. Lawyers, policymakers, academics and students will benefit immensely from this timely collection of expert insights.' --Jeremy de Beer, University of Ottawa, Canada'The recent move to pursue intellectual property claims through international investment law threatens to disrupt the international intellectual property regime. However, it also offers a fascinating window into a number of features of that regime. This thought-provoking book brings together a stellar collection of authors exploring the discrete question of investment protection of intellectual property as well as the broader implications of this development for international intellectual property law.' --Graeme B. Dinwoodie, Illinois Institute of Technology, Chicago-Kent College of Law, US'Most intellectual property scholars lack in-depth understanding of the IP-investment nexus. This much needed book is the solution we need. It provides world-class scholarship on this complex and controversial field of international law whose diverse impacts range from industrial development to public health. Readers will gain a truly global perspective on the subject.' --Graham Dutfield, University of Leeds, UKTable of ContentsContents: 1 Introduction 1 Christophe Geiger PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 THE INTERACTION BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT IN THE CONTEXT OF TRADE AND INVESTMENT TREATIES 2 Protecting intellectual property through trade and investment agreements: concepts, norm-setting and dispute settlement 11 Henning Grosse Ruse-Khan 3 The object and purpose of mingling intellectual property, trade and investment 48 Susy Frankel 4 Mapping the evolution and trends of the nexus between intellectual property, trade and investment 63 Pedro Roffe 5 When is intellectual property an ‘investment’? 94 Ruth L. Okediji 6 Intellectual property as protected investment: redefining the reach of investors’ rights 120 Carlos Correa 7 The relevance of National Treatment and Most Favoured Nation in the context of intellectual property and investment disputes 137 Lukas Vanhonnaeker 8 Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights 159 Bryan Mercurio 9 Intellectual property, investment and the World Trade Organization (WTO): a historical account 182 Pratyush Nath Upreti SECTION 2 INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION: THE IMPACT ON REGULATORY POWERS AND PUBLIC POLICY 10 The intersection of ISDS and TRIPS flexibilities 207 Cynthia M. Ho 11 Public policy considerations in intellectual property-related international investment arbitration 218 Simon Klopschinski 12 Investor-State Dispute Settlement and intellectual property: lessons from Lilly v. Canada 250 Daniel Gervais PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 INTELLECTUAL PROPERTY, TRADE AND INVESTMENT: COMPARED ENFORCEMENT PROCEDURES AND THE FUTURE OF INVESTOR-STATE DISPUTE SETTLEMENT 13 Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights 267 Xavier Seuba 14 Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the Investor-State Dispute Settlement system? 287 Graham Cook and Hannu Wager 15 Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication 318 Rochelle Cooper Dreyfuss 16 Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond 339 Enrico Bonadio and Althaf Marsoof 17 Conceptual and institutional improvements to investor-state dispute settlement 366 Peter K. Yu SECTION 2 ADDRESSING THE ROLE OF HUMAN RIGHTS AND ETHICS IN INTELLECTUAL PROPERTY AND INVESTMENT LITIGATION 18 The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? 385 Martin Husovec 19 Human rights and intellectual property in investor to state dispute settlement 406 Tuomas Mylly 20 The protection of intellectual property and foreign direct investment: the impact of equity 438 Thomas Cottier SECTION 3 ADDRESSING THE EU AND NATIONAL LEGAL FRAMEWORK AND ITS INTERACTIONS WITH INTELLECTUAL PROPERTY AND INVESTMENT DISPUTES 21 The EU’s cumbersome investment law and policy, and its effects on the protection of intellectual property rights 461 Szilárd Gáspár-Szilágyi 22 The compliance of investment protection mechanisms in Free Trade Agreements with EU law 477 Rainer Geiger 23 Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State 492 Daniel Segoin 24 Regulatory and policy issues arising from intellectual property and Investor-State Dispute Settlement in the EU: a closer look at the TTIP and CETA 505 Christophe Geiger Index 528

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Book SynopsisThe international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.Trade Review‘The question addressed in this book – whether taking a pluralist approach in intellectual property is “functional“ in the sense that it yields better results than full and binding harmonisation – touches on one of the most central issues that policymakers, and also scholars, around the world face. As the book impressively demonstrates, the answers are as many as the issues addressed in the chapters, and as individual as the authors, who, as members of ATRIP, represent the intellectual richness and diversity of the global community of intellectual property scholars. However, as, Susy Frankel writes in her introduction, pluralism may remain the preferred choice where that is motivated by economic and cultural diversities, and also where room is needed to “experiment” with new solutions. In any case, the many viewpoints presented in this book provide valuable insights into the dynamic, continuous interaction between international norms and national solutions, and their common evolvement.’ -- Annette Kur, Max Planck Institute, Munich; ATRIP president 2007–2009Table of ContentsContents: Introduction : Susy Frankel Part I: Global Standards and their Interaction with National Norms 1. Whatever Became of Global, Mandatory, Fair Use?: A Case Study in Dysfunctional Pluralism Lionel Bently and Tanya Aplin 2. Intellectual Property Pluralism in African Development Agendas: Food Security, Plant Variety Protection and the role of the WIPO Susan Isiko Štrba 3. National Courts and their Role in the Development of International Intellectual Property Law and Policy – With Reflections on India Alison Slade 4. Legal method and lnterpretation in International IP law: Pluralism or Systemic Coherence Ana Nordberg Part II: Pluralism within a Framework of International Norms: comparative prespectives and national policy drivers 5. The Role of Confusion in Unfair Competition Law: A Comparative Perspective Jennifer Davis 6. Re-conceptualising the Country Code Top Level Domain Name as a Sui Generis Intellectual Property Right Susan Corbett 7. Alternative Products as a Factor in Determining the Functionality of Trade Marks – How the Criteria from the US Functionality Doctrine could be Applied in EU law? Lavinia Brancusi 8. Protecting Traditional Knowledge in Australia: What Can we Learn from India and Peru? Evana Wright 9. Geographical Indications in Nepal: In Search of Identity Pratyush Nath Upreti Part III: The Pluralsitic Functions of Copyright 10. Copyright as a Service – a Perspective on the Axiological Nature of the Copyright System Ewa Laskowska- Litak and Grzegorz Mania 11. Copyrightability of Remixes and Creation of a Remix Right Yahong Li 12. Copyright Pluralism and Human Rights of Visually Impaired Persons Lida Ayoubi 13. A More Pluralistic Approach to Copyright Protection after the Marrakesh Treaty Karolina Sztobryn 14. ‘Copyright is an Engine of Free Expression’ or ‘Free Expression is an Engine of Copyright’? Chongnang Wiputhanupong Part IV- Rigidity and Flexibility of Patent Law 15. Permanent Injunctions in Patent Law – In Search of Flexibility Rafal Sikorski 16. Utility model protection in Europe – an alternative for a patent or an anachronism? Marcin Balicki 17. University Inventions in Europe: A Special Focus On The Model Of Institutional Ownership Luz Sánchez García 18. Making of Patent Law at the Digital Frontier – Patents at the age of 3D printing Nari Lee Index

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Book SynopsisThis timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM.Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement.Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.Trade Review‘The problem of counterfeit medicines, while having its political, economic, medical and social dimension, is also a legal problem. This work is a study of the legal side of counterfeiting from the EU perspective. It provides a comprehensive analysis of the current EU regulatory framework, including medical law, IP law and criminal law. In addition to that, the book also offers detailed case studies of some of the most exciting counterfeiting examples explaining how they were dealt with. A timely and useful work.’ -- Andrej Savin, Copenhagen Business School, DenmarkTable of ContentsContents: Preface 1. Introduction to counterfeit and falsified medicines 2. Counterfeit and falsified medicines – case studies 3. Medicines law – an analysis of the Falsified Medicines Directive 4. IP law – an analysis of the Enforcement Directive and the Customs Regulation 5. Criminal law and counterfeit and falsified medicines 6. Conclusion and recommendations Index

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Book SynopsisThis innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.Trade Review'Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.' --Christopher Beauchamp, Brooklyn Law School, US'This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law's best-known just-so stories.' --Simon Stern, University of Toronto, CanadaTable of ContentsContents: List of Contributors Introduction PART I THE LORE OF PROPOERTY AND CONTRACT 1. Locke’s (Own) Literary Property Rebecca Schoff Curtin 2. The Lawful Piracy of James Joyce’s Poems Robert Spoo PART II THE LORE OF INTANGIBILITY 3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth Century Graham Dutfield and Uma Suthersanen 4. Neilson v. Harford: Shape and Form in Patent Law Jeffrey A. Lefstin PART III THE LORE OF AUTHORSHIP 5. The Stolen Poem of Saint Moling Brian L. Frye 6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns Kosgei Kembol Alvin 7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study Mayuree Sengupta PART IV THE LORE OF COMMON LAW 8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory Samuel F. Ernst 9. The Legacy of The Seasons: Confusion and Misdirection Mark Perry PART V THE LORE OF COURTS 10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence Shubha Ghosh 11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court Zvi S. Rosen PART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT 12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996 Emmanuel Kolawole Oke 13. Biotechnology Sector in India Kshitij Kumar Singh PART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME 14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen Arpan Banerjee and Dana Beldiman 15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia Catherine Bond and Jessica C Lai Index

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Book SynopsisProtecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.Trade Review'This book carefully presents features of the systems for the protection of traditional knowledge that are found in two key developing countries. The author skillfully frames those features as lessons for those designing frameworks for the protection of traditional knowledge in other places. The book provides a commendable level of detail making it useful and accessible for both researchers and policymakers around the globe.' --Susy Frankel, FRSNZ, Victoria University of Wellington, New Zealand'The value of this excellent book is that it goes beyond merely critiquing the main approaches proposed, which it does very convincingly, by examining two of the most established legal frameworks: those of Peru and India. Viewing national legal systems as pluralist and guided by the right to self-determination, she then applies her findings to Australia. The book is an enjoyable and illuminating read which should invigorate a rather tired debate.' --Graham Dutfield, University of Leeds, UK'In this outstanding book, Evana Wright carefully choreographs sample national experiences across strategically selected countries. Her findings are prudently presented as rich policy pathways and lessons for nations, regions, and policy makers with interest in the protection of traditional knowledge of the world's Indigenous Peoples and Local Communities.' --Chidi Oguamanam, University of Ottawa, CanadaTable of ContentsContents: 1. Traditional Knowledge: Why and how should we protect it? 2. Biopiracy: Shared history, different approaches 3. Institutions and funds 4. Access and benefit sharing 5. Databases and registers 6. Lessons from case studies Bibliography Index

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Book SynopsisDiscussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.Trade Review'This is an excellent book which explores an important issue for scholarship and society. The editors have drawn together high-quality scholars from a diverse range of geographical and legal disciplinary backgrounds. They have delivered a work which crosses silos and engages directly with the cultural, commercial, market-based and technological elements with which intellectual property and sustainability are entwined. The contributions are of individual significance and the work as a whole will be of interest to scholars, policymakers and industry as they develop their future paths to combining and delivering the key goals of sustainability, sustainable development and appropriate protection for IP.' -- Abbe Brown, University of Aberdeen, UK'Ole-Andreas Rognstad and Inger B. Ørstavik’s edited volume on IP and sustainable markets makes a timely and important contribution to the growing literature on the intersection of intellectual property and sustainable development. The chapter authors are all highly regarded experts in their fields, ranging from international environmental and intellectual property law treaties to domestic legislation. Their practical recommendations would, if adopted, result in welcome changes to our current international sustainable development infrastructure.' -- Joshua Sarnoff, DePaul University, US'This clear-sighted book on intellectual property and sustainable development provides a road map for a transition to a circular economy. The research explores the role of international institutions such as the WIPO, WTO and WHO in the realization of the United Nations Sustainable Development Goals. This research highlights the nexus between intellectual property and environmental policies in respect of clean energy, climate change and sustainable development.' -- Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: 1 Intellectual property and sustainable markets: introduction 1 Ole-Andreas Rognstad and Inger B. Ørstavik 2 Why are intellectual property rights hardly visible in the United Nations Sustainable Development Goals? 12 Hans Morten Haugen 3 Realigning TRIPS-plus negotiations with UN Sustainable Development Goals 38 Peter K. Yu 4 Disrupted creativity: cultural sustainability in peril 63 Daniel J. Gervais 5 Repairing and re-using from an exclusive rights perspective: towards sustainable lifespan as part of a new normal? 81 Taina Pihlajarinne 6 Revisiting the concept of ‘trade mark piracy’ in light of sustainable development goals: a discussion of the Norwegian ‘Apple Case’ 101 Ole-Andreas Rognstad 7 A modern role for intellectual property rights in sustainable finance, prudential banking and capital adequacy regulation 115 Janice Denoncourt 8 Intellectual property rights, technology development and market dynamics in the renewable energy sector 158 Inger B. Ørstavik 9 Smart Grid standards development and patent protection in the United States: striking the balance between dramatic overhaul of the electric grid and encouragement of innovation 188 Joel B. Eisen and Kristen Jakobsen Osenga 10 The treatment of intellectual property rights in open innovation models: new business models for the energy transition 207 Catherine Banet Index

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Book SynopsisIntellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP. Trade Review'''Does IPR boost or hamper innovation?''. This has been asked many times over the years. This extraordinary book asks the question again but without any attempt to provide for a straight-forward answer. Instead it relies on an impressive line-up of IPR legal scholars to show the reader where to look for answers and it points to ways of thinking about the complex relationship between IPR and innovation. Remarkably it does so without diminishing the complexities or taking anything for granted.' --Jens Schovsbo, University of Copenhagen, Denmark'Innovation is key for the development of our industrialised society. This is often complemented with the idea that IP is an essential tool to stimulate innovation. This volume puts that concept to the test. Did the expansion of IP stimulate innovation or is there a need to limit the scope of IP and give preference to the public domain? And where does open innovation and user-generated content fit in? All the answers are here and they are an exciting read.' --Paul Torremans, University of Nottingham, UKTable of ContentsContents: Preface Part I IP Expansion: The Effect of New Intellectual Property Rights on Innovation 1. Utility models: Do they really serve national innovation? Uma Suthersanen 2. Plant Varieties: Is UPOV 1991 a good fit for developing countries? Mrinalini Kochupillai 3. Geographical indications and innovation, what is the connection? Anke Moerland Part II A Need to Limit the scope of intellectual Property? 4. Examining the public domain empirically Kris Erickson, Martin Kretschmer and Dinusha Mendis 5. A doctrine of the public domain Alexander Peukert 6. Free-riding on the repute on trade marks – Does protection generate innovation? Ansgar Ohly 7. The European foreign policy for intellectual property rights enforcement Xavier Seuba and Elena Dan 8. Revisiting the patent misuse doctrine: Its potential contribution to maintaining incentives for innovation Daryl Lim 9. Standard-essential patents – Limiting exclusivity for the sake of innovation Peter Picht PART III NEW PARADIGMS OF INNOVATION IN INTELLECTUAL PROPERTY 10. Intellectual property and open innovation in 3D printing – A different form of exclusivity Nari Lee 11. Transformative use and user-generated content – Integrating new paradigms of creativity in copyright law Matthias Leistner and Verena Roder-Hießerich Index

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Book SynopsisMuch of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level. The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale. This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices. Trade Review‘The book boasts numerous strengths . . . the authors of the book, under the masterful baton of Susy Frankel, succeed in providing not only valuable contributions to the IP scholarship, but also an up-to-date, highly informative, methodologically sound and thought-provoking perspective on the goals of modern globalised IP laws.’ -- Giulia Priora, European Intellectual Property Review‘This book serves as an important contributor to debates concerned with how to calibrate national and international IP regimes to suit pertinent objectives. Scholars, lawmakers, and policy-makers in the IP space will find the book accessible and relevant.’ -- Chijioke Okorie, The South African Law Journal‘Understanding the objects and purposes of intellectual property laws is important for any number of different reasons. The objects and purposes serve to justify the intrusion that intellectual property law makes into the untrammeled operation of the market. As such, they help frame policy debates about the enactment and calibration of IP rights as well as inform the critique of existing law. But the objects and purposes are also used by national or regional courts such as the Court of Justice of the European Union deploying teleological or purposive approaches to interpretation. And at the international level, objects and purpose are a core feature of the Vienna Convention on the Law of Treaties, as the editor has explored extensively in her own work. This book offers an illuminating glimpse into a variety of these important roles, using examples drawn from across the entire range of intellectual property and from across the globe. As a whole, the book thus presents important critical analysis of why and how we protect intellectual property.’ -- Graeme B. Dinwoodie, Chicago-Kent College of Law, US and ATRIP President 2011–2013Table of ContentsContents: Introduction Susy Frankel Part I: Cultural Objectives and Development Goals 1. From ‘Oomoo’ to ‘Oro’: Nostalgia Labels and Cultural Policy on the Australian Trade Marks Register Megan Richardson, Julian Thomas and Jill Klein 2. A Successful Recalibration of Patent Law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum Scoparium) Jessica C. Lai 3. A TWAIL-Constructivist critique of the IP and Development Divide in the Age of Innovation - Has the Protection of Place-based goods changed the narrative for the Caribbean? Marsha S. Cadogan 4. New Frameworks for the Ownership and Licensing of Traditional Knowledge Associated with Genetic Resources in Africa Enyinna Nwauche Part II: Designs and Packaging and the Purpose of International and Regional Frameworks 5. Designing Disclosure: Disclosure of Cultural and Genetic Resource Utilisation in Design Protection Regimes Margo A. Bagley 6. Lost in Communication: A Few Thoughts on the Object and Purpose of the EU Design Protection Anna Tischner 7. Tobacco Plain Packaging, Human Rights and the Object and Purpose of International Trade Mark Protection Genevieve Wilkinson Part III: Innovation and Enforcement Objectives in the European Union 8. Patents, Supplementary Protection Certificates and Data Exclusivity at the Service of Pharmaceuticals Żaneta Pacud 9. Developing Policies that Leverage Research and Innovation to Retain Socio-Economic Benefits – The Strategic Use of Intellectual Property Helen Yu 10. Patent Invalidation and Legal Certainty Christoph Ann 11. Intellectual Property Rights in a Digital Environment: An EU Wide Mapping of Available Legislative Enforcement Measures Ana Nordberg and Knud Wallberg Part IV: Aspects of Copyright and their Relationship to Overall Purpose 12. Use and Abuse of Neighbouring Rights and the Growing Need for a Sound Understanding -The case of Online News Protection in Europe Valentina Moscon 13. Making Derivative Works without Authorisation and the Interpretation of Originality and Creativity Under Thailand’s Copyright Law Chongnang Wiputhanupong 14. The Collective Management System of Copyright and Related Rights in Europe -Competitive Aspects Maria Letizia Bixio Index

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Book SynopsisThis comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law. Trade Review‘This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.’ -- Peter K. Yu, Texas A&M University, US‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, AustraliaTable of ContentsContents Epigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xi Milan Kundera Introduction: a contemporary take on moral rights in intellectual property xiii Ysolde Gendreau PART I PHILOSOPHICAL ISSUES 1 In defence of honour? A case for moral rights from relational autonomy 2 Hannah Carnegy-Arbuthnott 2 The moral rights of the author – “All Quiet on the Eastern Front”? (a Polish perspective) 15 Sybilla Stanisławska-Kloc 3 Islamic legal philosophy and moral rights 48 Ezieddin Elmahjub 4 Against integrity: a feminist theory of moral rights, creative agency and attribution 60 Carys Craig and Anupriya Dhonchak 5 Civil Codes and authors’ rights 81 Laura Moscati PART II MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS 6 Inventor’s moral right and morality of patents 96 Nari Lee 7 Moral rights and industrial design 113 Giorgio Spedicato 8 Exploring moral interests in the intellectual creations underlying trademarks 134 Genevieve Wilkinson PART III TRADITIONAL MORAL RIGHTS DIVISIONS 9 Dualist vs. monist approaches to copyright within the European Union – an obstacle to the harmonization of moral rights? 152 Katharina de la Durantaye 10 Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry 167 F. Jay Dougherty PART IV CHALLENGES TO MORAL RIGHTS 11 The economic dimension of moral rights 186 Richard Watt 12 Moral rights for corporate entities 197 Pascal Kamina 13 Moral rights in cases involving multiple ownership 210 Tatiana Synodinou 14 “Sharing is caring”: Creative Commons, transformative culture, and moral rights protection 233 Alexandra Giannopoulou 15 Artificial intelligence and moral rights 251 Sérgio Branco and Beatriz Nunes 16 Exceptions and limitations to moral rights 267 Johan Axhamn 17 Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals 292 Christophe Geiger and Elena Izyumenko 18 Protection of moral rights in Greece, limitations and issues of abuse 315 Irini A. Stamatoudi 19 Moral rights and alternative dispute resolution 339 Brigitte Lindner 20 Private international law issues of moral rights 355 Paul L. C. Torremans PART V MORAL RIGHTS OUTSIDE EUROPE 21 Moral rights and the protection of traditional knowledge 370 Susy Frankel 22 Moral rights in Japan – ‘moral rights’ of juridical persons? 384 Tatsuhiro Ueno 23 Moral rights in China 399 Yong Wan 24 A reinforced protection to the constitutional fundamental right to authors’ moral rights in Latin America 413 Jhonny Antonio Pabón Cadavid 25 Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era 429 Silmara Juny de Abreu Chinellato 26 Moral rights in Commonwealth countries 443 Gillian Davies PART VI AUTHORS AND MORAL RIGHTS 27 Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa 461 John Peffer 28 Fictional stories by fictional people: Alan Smithee and moral rights 479 Darren Hudson Hick 29 Thou shalt not read: ius abutendi as a moral right of the author? 494 Rudolf Leška In conclusion: What’s new with moral rights? 516 Ysolde Gendreau Appendix: Commonwealth laws on moral rights – August 2022 533 Index

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Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index

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Book SynopsisThis book presents a detailed analysis of the different approaches and measures for implementing the requirements of UNESCO’s 2003 Convention on Safeguarding Intangible Cultural Heritage (the Convention) and a practical interpretation of that treaty, based on the experience of States’ Parties and other primary actors. The book considers the interests of multiple stakeholders and takes account of how the Convention interacts with other international law regimes pertaining to both human rights and sustainable development.Key Features: Provides clear and concise information of the definition, scope and significance of intangible cultural heritage Utilises a wide-range of case studies to illustrate the application of the Convention on the ground. Considers the position of multiple stakeholders including national heritage organisations and non-state actors Outlines practical strategies and solutions for protecting and promoting cultural heritage and looks ahead to potential future developments in this field. Easy to follow structure, mapping out the treaty’s provisions thematically and highlighting their practical application Providing accessible and focused analysis, this book will be essential reading for lawyers and practitioners involved in the protection of intangible cultural heritage from both governmental and non-governmental institutions. The book will also be a valuable resource to academics and researchers working across various disciplines including law, heritage, and anthropology.Trade Review‘In this definitive mapping of safeguards for intangible cultural heritage, primarily under the eponymous UNESCO Convention of 2003, Professor Blake resets the compass away from a reliance primarily on state-initiated listings of disparate items and toward a more functional regime defined by communities, groups and individuals. Human rights and sustainable development form the guardrails.’ -- James Nafziger, Willamette University, US‘A preeminent authority on the 2003 Convention on Intangible Cultural Heritage, Professor Janet Blake was instrumental in its drafting and remains a key player in its implementation. This thoughtful and thorough exploration of this important instrument will no doubt facilitate its understanding and application by practitioners and scholars alike.’ -- Ana Filipa Vrdoljak, University of Technology, SydneyTable of ContentsContents: 1 An introduction to UNESCO’S 2003 Convention 2 Setting out the context and objectives 3 Defining key terms 4 The organs of the Convention and the Secretariat 5 Taking a participatory approach 6 Setting the policy framework 7 National institutional and legislative framework and developing capacities 8 From identification and inventorying to research and documentation 9 Educational programmes and transmission 10 International listing mechanism 11 International cooperation and assistance, the ICH Fund and identifying good practices 12 Periodic reporting by States Parties 13 A wider context: interactions with other international treaties and frameworks 14 Conclusions: assessing 20 years of operation and looking forward Index

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Book SynopsisSignificantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content.Key features of this second edition include: thoroughly up-to-date analysis of decisions of the Court of Justice and the Commission article-by-article commentary on the latest directives and regulations in the field of e-commerce a unique structure featuring detailed tables of cases and legislation and paragraph references, enabling easy access to all substantive legal provisions new chapters featuring analysis of services in the internal market, copyright in the Digital Single market, measures concerning open internet access and more. This unique work provides an updated account of the essential pieces of EU legislation on e-commerce. Legal practitioners will benefit from the clear structure and close examination of key provisions. The book will also appeal to legal scholars and advanced students, who will appreciate the concise overview and thoughtful analysis on future developments in the field.Trade Review‘EU Regulation of E-Commerce: A Commentary is an invaluable resource for researchers and students interested in the regulation of digital environments. This edited volume contains an impressive range of scholars, and depth of analysis. In a fast-moving field, this volume covers the most important European directives and regulations dealing with subjects that range from copyright to consumer protection. The editors are some of the most recognised scholars in the field, and this is a valuable addition to any library.’ -- Andres Guadamuz, University of Sussex, UK‘This is an important contribution to understanding the most important policy objective of the European Union: the growth of a safe and secure, trustworthy, and legally accountable framework for transactional e-Commerce, that respects not only fundamental rights but the private rights of stakeholders. An excellent range of contributors offers chapters, not only about the ex-ante rules and protections available for consumers, rightsholders, and the supply of digital content but the range of ex-post remedies and enforcement mechanisms available in the EU.' -- Mark Leiser, Leiden University, the NetherlandsTable of ContentsContents: Preface xix 1 The European Union and E-Commerce 1 Arno R. Lodder and Andrew D. Murray 2 Directive 2003/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce in the Internal Market 18 Arno R. Lodder 3 Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society 64 Tatiana Eleni Synodinou 4 Directive 2006/123/EC on Services in the Internal Market 115 Martien Schaub 5 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights 152 Christiana Markou 6 Directive 2013/11/EU on Alternative Dispute Resolution for Consumers and Regulation (EC) 524/2013 on Online Dispute Resolution 223 Pablo Cortés 7 Regulation (EU) No 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (EIDAS Regulation) 248 Jos Dumortier 8 Regulation 2015/2120/EU Laying down Measure Concerning Open Internet Access 282 Andrew Murray 9 Directive 2019/790/EU (Directive on Copyright and Related Rights in the Digial Single Market) 309 Luke McDonagh 10 Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services 335 Jorge Morais Carvalho 11 Regulation 2019/1150/EU on Promoting Fairness and Transparency for Business Users of Online Intermediation Services 365 Andrej Savin 12 Electronic Payments and Consumer Protection 387 Christine Riefa and Pamela Nika 13 E-commerce and EU Competition Law 428 Sonia Jóźwiak-Górny, Magdalena Jóźwiak and Artur Szmigielski Index

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Book SynopsisOffering a novel and pragmatic perspective, this timely book critically examines the development of a culture of machinist regulation and questions whether this approach is appropriate in an era of rising biological technologies. Adopting an ontological approach, James Griffin considers how current regulatory frameworks favour digital technology and how this may change in the future.Griffin adeptly investigates how regulation can impact the nature of new technologies, especially as biological computing is becoming more commonplace. Chapters provide a wealth of critical analysis, considering cutting-edge technologies such as AI, prosthesis, and biological computing. Griffin outlines a proposed reformative system which focuses on the biological substrate in the creation of cultural works. The book serves to highlight the ever-increasing need for awareness of the importance of biological substrates and for a regulatory system which reflects this.The State of Cultural Biology will be an essential read for academics and students interested in intellectual property law, law and technology, legal philosophy and law’s role in society. It will also prove invaluable to policymakers and professionals looking to broaden their knowledge on the regulation of modern technology.Trade Review‘Dr James Griffin presents a ground-breaking and visionary exploration into the fascinating world of biological computing, which sets this book apart. Through a captivating blend of rigorous research and real-world examples, Dr James Griffin skilfully showcases the profound impact of cultural context on our genetic expression and cognitive development, unearthing the insights that challenge conventional thinking on traditional (binary) computing. Dr James Griffin delivers an unparalleled examination of biological computing’s regulatory mechanisms that underpin this intricate interdependence of culture and biology. This book paves the way for a revolutionary advancement in various disciplines, from psychology to artificial intelligence. I found myself continuously inspired and enlightened by the fresh perspectives offered in this book.’ -- Hing Kai Chan, University of Nottingham Ningbo China, ChinaTable of ContentsContents: Preface 1 Introduction to the State of Cultural Biology 2 The machinic State 3 The biological State 4 The biology of legal nothingness (the invisible hand of biology) 5 The false turn of digital technology 6 The wider view: New Technologies 7 Reform 8 Conclusions on the State of Cultural Biology Bibliography Index

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