Intellectual property law Books

Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, USTable of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index

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Book SynopsisThis original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states.Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.Trade Review‘This original book advances a refreshing intertextual approach to interpreting international investment agreements in the intellectual property context. It also provides insightful and up-to-date analysis of the latest disputes in this area. The book should appeal equally to those studying intellectual property law and policy and those practising on the front lines of investment law.‘ -- Peter K. Yu, Texas A&M University, USTable of ContentsContents: 1. Introduction to The Interface between Intellectual Property and Investment Law 2. Intertextuality and Legal Interpretation 3. The Interface between Intellectual Property and Investment Law: An Intertextual Methodology 4. Defining Intellectual Property as an Investment 5. Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights 6. Expropriation and Intellectual Property Rights 7. Conclusion 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. Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data. With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Séverine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang MicklitzTrade Review'The three first volumes of Kritika: Essays on Intellectual Property contain a deeply satisfying collection of in-depth doctrinal analyses, policy and case studies in all the major IP subject areas. With contributions from a distinctive array of scholars - all internationally recognized leaders in the field - Kritika presents rigorous and carefully considered topics that reflect upon the complex web of regulatory and legal responses to the challenges of globalized knowledge governance. These carefully curated volumes include a diversity of theoretical perspectives, empirical analyses and legal reasoning that illuminate existing controversies and provoke new approaches to pressing problems at the interface of law, culture, and technology. Kritika is an invaluable resource to IP scholars regardless of the stage of their career. The essays offer consequential insights, creative analyses and doctrinal refinements that will enrich the field and endure for the foreseeable future.' --Ruth L. Okediji, Harvard Law School, USTable of ContentsContents: 1. The challenges facing IP systems: Researching for the future Rochelle C. Dreyfuss 2. The digital economy, digital society, and private law Hans-W. Micklitz 3. Unfair competition law – An annex to IP law? A consumer protection law? A legal field in its own right? Frauke Henning-Bodewig 4. Property abandoned ? Rights, wrongs and forgetting Durkheim Mark Findlay 5. The forsaken PTO: Some observations on public policies concerning intellectual property law in Brazil Pedro Marcos Nunes Barbosa 6. Intellectual property and the bundle-of-rights metaphor Séverine Dusollier 7. Uses and abuses of database rights Valeria Falce Index

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Book SynopsisThe Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence. First, the book advocates for a more holistic approach to authorship, arguing that there is no good reason to exclude computer-generated and artificial intelligence creations from copyright. Second, it conducts an open search for the right ‘candidate‘ for ownership. In doing so, the book explores several possible legal frameworks, including assigning ownership to the programmer, the user, the AI itself and other alternatives such as the public domain or author-in-law approaches. Third, the book explores the concept of artificial intelligence as it has developed through the years in various fields, seeking to reframe the AI legal concept.For academic scholars and law students these pages frame the theoretical discussion about artificial intelligence creations and provide in depth discussion about artificial intelligence legal challenges.Trade Review‘This book is essential reading for those engaging with the debate around the development of the new copyright text and data mining exception in the UK. It also provides a thorough and thoughtful discussion on the concept of authorship in AI generally that will be of interest to scholars and students researching AI.’ -- Hayleigh Bosher, The IPKat‘Dr. Aviv Gaon creatively uses human intelligence to demystify the complexities of artificial intelligence. A foundational resource for the novice to the expert, Dr. Gaon’s book answers pressing questions on AI, emerging technology and the future of human and AI innovation around the world.’ -- Giuseppina D’Agostino, York University, Toronto, Canada‘Aviv Gaon invites his readers to take a fascinating journey into the world of Intellectual Property protection for AI. His tour is wonderfully comprehensive as he draws on law, philosophy and economics in contemplating the possibilities. He grapples with difficult and timely questions that are destined to be with us for the foreseeable future.‘ -- Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law, US'As thinking machines enter the creative marketplace, Dr. Aviv Gaon has produced a thoroughly researched and wide-ranging analysis of copyright protection for works created by or with artificial intelligence (AI). The book's provocative conclusion, that the law should evolve to recognize AI as capable of copyright-protected authorship of creative works, is a must read for humans (and AIs) interested in the rapidly unfolding future of intellectual property law and the creative arts.' -- Peter S. Menell, University of California at Berkeley, School of Law, USTable of ContentsContents: Preface Introduction to The Future of Copyright in the Age of Artificial Intelligence PART I SEARCHING FOR COMMON GROUND 1. The AI momentum 2. Legal personhood for AI 3. Reframing the artificial intelligence concept PART II AI-IP THEORY 4. Toward AI-IP theory 5. IP protection for computer programs 6. Placing AI within the IP law map 7. The human author PART III NEW VISION FOR AI AUTHORSHIP 8. Different paths to AI authorship 9. Resolving data barriers 10. The creative machine 11. The AI author Index

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Book SynopsisThis incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples’ heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.Trade Review‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’ -- Susy Frankel, Victoria University of Wellington, New Zealand and ATRIP President 2015-2017Table of ContentsContents: Introduction 1 Daniel J. Gervais PART I SETTING THE STAGE 1. Capturing the dynamism of fairness: a common law perspective 8 Poorna Mysoor PART II FAIRNESS IN COPYRIGHT LAW 2. Fairness for authors and performers: the role of law 31 Mary LaFrance 3. Reconstructing fairness: the problem with fair use exclusivity 53 Maurizio Borghi 4. Fairness vs. welfare in the discussion of copyright laws and policies: royalties for the resale of artworks as a case study 76 Antoni Rubí-Puig 5. Access to textbooks in developing countries, copyright, and the right to education: embracing extraterritorial state obligations in intellectual property law 96 Klaus D. Beiter 6. Fair use of intellectual property and economic growth 124 Yasser M. Gadallah PART III ECONOMIC ASPECTS OF FAIRNESS 7. Corporate intellectual property, governance and board effectiveness reviews in large and premium listed UK companies 141 Janice Denoncourt 8. Fair and equitable treatment of foreign investments and intellectual property rights 173 Emmanuel Kolawole Oke 9. Fairness and ordre public in certified global food chains 195 Katja Weckström Lindroos PART IV APPLICATION OF FAIRNESS, MORALITY AND ORDRE PUBLIC TO OTHER IP RIGHTS 10. Human rights principles as normative ‘fairness’ tools in the context of IP and (access to) indigenous peoples’ heritage via digital libraries 215 Kelly Breemen and Vicky Breemen 11. Patents, morality and biomedical innovation in Europe: historical overview, current debates on stem cells, gene editing and AI, and de lege ferenda reflections 243 Ana Nordberg 12. Towards a fair intellectual property framework for Open Science: a comparative law approach 268 Juan F. Córdoba-Marentes 13. Using fairness to determine post-employment duties with respect to trade secrets: the case of remedies under the Trade Secrets Directive 288 Magdalena Kolasa 14. A study on the application of the General Clause of the Anti-Unfair Competition Law in China in the age of the internet 310 Qian Tao and Haotian Geng 15. Pricing of drugs: wither fairness! 328 T. Vidya Kumari Appendix: justice, morality and public order in intellectual property – harmony and dissonance (Russian experience) 353 Ivan Zenin Index 355

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Book SynopsisThis book covers a broad range of legal topics relating to the fields of bioinformatics and medical informatics, which relate to the intersection of biomedical information and computer programming within the contexts of scientific research, product development and healthcare delivery. A number of usually distinct bodies of legal doctrine come together in this area, sometimes overlapping, sometimes colliding in unexpected ways. Key issues discussed in the book include: An overview of the current landscape of bioinformatics and medical informatics A focus on the legal issues arising from the development and acquisition of informatics tools for use in a laboratory or healthcare setting Developments in patent and innovation law that are important for informatics applications A discussion of institutions and collaborative arrangements in which informatics applications are developed and used today Data protection and privacy issues applicable to informatics applications in the U.S. and Europe. While no single work can cover the entire set of legal issues arising from large, dynamic and complex fields such as bioinformatics and medical informatics, this book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.Table of ContentsContents: Preface xvi Introduction to Bioinformatics, Medical Informatics and the Law xxii 1 Overview of bioinformatics and medical informatics technology for non-specialists 1 A. James Cuticchia 2 Medical Information Commons: conceptual, legal and ethical considerations for stakeholders 12 Janis Geary, Mary A. Majumder, Jill Oliver Robinson, Christi Guerrini and Robert Cook-Deegan 3 Software agreements for bioinformatics and medical informatics applications 31 Brett Lockwood 4 Open source and bioinformatics 44 Michele K. Herman, Jane Eckels, Joanne Montague, Jordan J. Bowler and Nicole Orlov 5 Software development 70 Heather J. Meeker 6 Software patents 80 Gregory J. Kirsch and Charley F. Brown 7 Bioinformatics at the Patent Office 120 Saurabh Vishnubhakat and Arti K. Rai 8 University research and licensing 133 Jeff Carter-Johnson, Jennifer Carter-Johnson and Jorge L. Contreras 9 Technical standards for bioinformatics and medical informatics 153 Jorge L. Contreras and Adrian Thorogood 10 Database protection 180 Jon M. Garon 11 US federal genomic data release and access policies 193 Jorge L. Contreras 12 Privacy and security challenges in bioinformatics 205 Lucy L. Thomson and Arthur E. Peabody, Jr. 13 Bioinformatics, medical informatics and the European General Data Protection Regulation 248 Christopher Jones 14 Informatics and public health surveillance 269 Leslie P. Francis and John G. Francis Index 297

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Book SynopsisThe world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be ‘heftig umstritten’ (fiercely contested) and ‘très difficile’ (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the ‘principle of national treatment’ as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today?This book is an English translation of Sierd J. Schaafsma’s groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation).Key features include: provides deep insight into the current state of affairs in international intellectual property law extensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Convention detailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law. Table of ContentsContents: Foreword Introduction to Intellectual Property in the Conflict of Laws PART I GENESIS OF THE PRINCIPLE OF NATIONAL TREATMENT 1. The birth of the principle of national treatment in copyright law 2. The Berne principle of national treatment: the genesis of the current Article 5(1) 3. The perfection of the Berne principle of national treatment: the genesis of the current Article 5(2) and (3) 4. The genesis of the principle of national treatment in the Paris Convention PART II THE PRINCIPLE OF NATIONAL TREATMENT TODAY 5. The conflict-of-law rule in the principle of national treatment 6. The aliens-law rule in the principle of national treatment 7. The scope of the principle of national treatment 8. Reformulation and reform Bibliography Index

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Book SynopsisCreativity is crucial to the Information Age economy. It is the basis of production in the cultural industries. In this excellent book, Ruth Towse provides an analysis of the interaction between creativity, the law, and markets for cultural goods and services.Copyright law establishes property rights that create economic incentives to cultural production and Ruth Towse uses her analysis to draw conclusions about policy on copyright. This unique study is of interest to a range of disciplines in economics, law, cultural studies and management.Trade Review'The different cultural policies of the UK and the Netherlands provide a wonderful backdrop for conclusions for cultural policy.' -- The Economic Journal'. . . this is a fascinating and enlightening piece of work. At a time when copyright law, business models in the cultural industry and cultural policy are all under pressure and greatly affected by technological change, this is a valuable and challenging work that deserves to be widely read.' -- Helen Dakin, Copyright Reporter'. . . well written, clear and informative. It contains many references that demonstrate the deep knowledge of the field that the author has acquired through her own research and her remarkable work at the head of the Journal of Cultural Economics. She especially provides a very clear review of the literature on the economics of copyright. . . . this review will become a reference that can't be ignored by researchers interested in copyright. . . Towse opens avenues for further research and also stresses those questions that can help professionals better understand cultural regulations.' -- Francoise Benhamou, Journal of Cultural Economics'Ruth Towse's book provides an easily accessible introduction to this field and contains much useful argument. It also stands as testament to the productive and continuing scholarly career of one of the best known figures in contemporary cultural economics.' -- David Throsby, Journal of Economic Literature'This is a most interesting treatise on a very topical subject of economic and legal policy . . . this book offers a wealth of intriguing research ideas and some interesting, if not highly rigorous, analyses of an important area of public policy.' -- Mary Kokoski, Monthly Labor Review'Ruth Towse's excellent book, Creativity, Incentive and Reward is a beacon in this confused theoretical and policy mish-mash. The book, which brings together Towse's work in copyright and cultural economics over the last decade, is thoroughly researched, analytically satisfying and beautifully written. . . copyright scholars owe a debt of gratitude to Towse.' -- Fiona Macmillan, Copyright World'This is an important work on compensation of the artist and the incentives for artistic activity. The explosive evolution of the technology of communications raises particularly pressing issues in this arena and poses new threats to remuneration of the artist. The discussion of copyright in this book provides vital information for analysis of this issue. The book is informative, intelligent and well written - precisely what is needed for understanding of its subject.' -- William J. Baumol, New York University and Princeton University, USTable of ContentsContents: Preface Part I: Cultural Economics, Copyright and Cultural Industries 1. Creativity, Incentives and Rewards: Cultural Economics and Copyright Law 2. The Cultural Industries, Copyright and Cultural Economics Part II: Rewards to Artists 3. Economics of Artists’ Labour Markets 4. The Earnings of Singers: An Economic Analysis Part III: Copyright Incentives and Rewards 5. The Value of Performers’ Rights: An Economic Analysis (written with Millie Taylor) 6. Copyright and Economic Incentives: An Application to Performers’ Rights in the Music Industry Part IV: Copyright and Cultural Policy for the Information Age 7. Copyright, Risk and the Artist: An Economic Approach to Policy for Artists 8. Incentives and Access to Information: Economic Aspects of Limitations and Exceptions to Copyright in the Digital World 9. Conclusions and Implications for Cultural Policy Epilogue References Index

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Book SynopsisIn the past, economists have not always been able to agree on the idea that copyright is an efficient way of protecting cultural intellectual property. Indeed, many economists argue that copyright is not even necessary. In Copyright and Economic Theory a rigorously extensive yet simplified economic theory of copyright piracy is presented, and used to analyse important aspects of intellectual property transactions including the royalty contract, optimal copyright law, and copyright collectives. The author also analyses important areas of discussion in copyright, such as how can it be that a certain degree of piracy is beneficial, not only socially, but also for copyright holders and producers of originals? Are linear royalty contracts optimal? How many copyright collectives should a given economy have? Would a copyright collective prefer to act as a leader or a follower in a Stackelberg duopoly?The book analyses and contrasts existing theories concerning the economic theory of copyright, and presents a simple economic model in which copyright can be effectively studied, considering all principal areas of interest in copyright.This book will be fascinating reading for academics in economics, law and industrial organisation as well as for legal professionals including lawyers, copyright collectives and relevant governmental organisations.Trade Review'Copyright and Economic Theory is by far the best single source of information on this subject. Containing much original work, the book is a successful synthesis of current scholarship on the economic impacts of such important topical factors as piracy, performing rights societies, optimal royalties and the very purpose of copyright itself. Anyone interested in understanding the current controversies surrounding Napster and the role of copyright in the internet age could not do better than to read this book.' -- Stan Liebowitz, University of Texas, Dallas, USTable of ContentsContents: Preface 1. Introduction 2. The Economics of Copyright Piracy 3. The Royalty Contract 4. Unresolved Issues in Copyright Law 5. An Equilibrium Analysis of Copyright Law 6. Copyright Collectives 7. Shake Hands and Make Up Index

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Book SynopsisThis authoritative four-volume collection presents the most important published articles and papers on the economics of intellectual property - a subject that is of increasing interest to both economists and lawyers. Publication is timely in view of the growing interest in the relationship of innovation and knowledge to economic growth as well as the challenges to copyright being posed by the new electronic media. International in scope, this four-volume set will be an essential source of reference to both economists and lawyers concerned with the rapidly developing field of intellectual property.Trade Review'By presenting a collection of a good number of the important articles that appeared in the periodical press over the last two decades in four handy volumes, the editors have done both economists and lawyers interested in intellectual property a valuable service.' -- Assafa Endeshaw, European Intellectual Property Review'The editors, Ruth Towse and Rudi Holzhauer, do an excellent job of selecting a mix of classic and current scholarship on the economics of intellectual property and copyright. They also add a lengthy introduction that provides an excellent overview of the area.' -- Benjamin J. Bates, The International Journal on Media Management'Intellectual Property rights are primarily a tool of economic policy and their objectives, scope and procedures have rightly attracted a wide range of economic analysis over the past quarter-century. This useful collection draws together many of the best-noted contributions to the debates. It will be a valuable source of reference for economists, lawyers, IP professionals and all involved in the vibrant policy-making of this field, whether their concerns are primarily with the developing or the developed world.' -- W.R. Cornish, University of Cambridge, UKTable of ContentsContents: Volume I: Introduction and Copyright Acknowledgements Introduction Ruth Towse and Rudi Holzhauer PART I INTRODUCTION TO THE ECONOMICS OF INTELLECTUAL PROPERTY 1. Stanley M. Besen (1998), ‘Intellectual Property’ 2. Ejan Mackaay (1990), ‘Economic Incentives in Markets for Information and Innovation’ 3. Tom G. Palmer (1989), ‘Intellectual Property: A Non-Posnerian Law and Economics Approach’ 4. Robert P. Merges (1994), ‘Of Property Rules, Coase, and Intellectual Property’ 5. Lisa N. Takeyama (1994), ‘The Welfare Implications of Unauthorized Reproduction of Intellectual Property in the Presence of Demand Network Externalities’ PART II COPYRIGHT 6. Gillian K. Hadfield (1992), ‘The Economics of Copyright: An Historical Perspective’ 7. Leo J. Raskind (1998), ‘Copyright’ 8. Wendy J. Gordon and Robert G. Bone (2000), ‘Copyright’ 9. Arnold Plant (1934), ‘The Economic Aspects of Copyright in Books’ 10. Ian E. Novos and Michael Waldman (1984), ‘The Effects of Increased Copyright Protection: An Analytic Approach’ 11. William R. Johnson (1985), ‘The Economics of Copying’ 12. William M. Landes and Richard A. Posner (1989), ‘An Economic Analysis of Copyright Law’ 13. Stephen Breyer (1970), ‘The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs’ PART III APPLICATIONS TO SPECIFIC AREAS OF COPYRIGHT 14. Wendy J. Gordon (1982), ‘Fair Use as Market Failure: A Structural and Economic Analysis of the Betamax Case and its Predecessors’ 15. I.T. Hardy (1988), ‘An Economic Understanding of Copyright Law’s Work-Made-for-Hire Doctrine’ 16. S.J. Liebowitz (1985), ‘Copying and Indirect Appropriability: Photocopying of Journals’ 17. Stanley M. Besen, Willard G. Manning, Jr. and Bridger M. Mitchell (1978), ‘Copyright Liability for Cable Television: Compulsory Licensing and the Coase Theorem’ PART IV ADMINISTRATION OF COPYRIGHT 18. Hector L. MacQueen and Alan Peacock (1995), ‘Implementing Performing Rights’ 19. Ruth Towse (1999), ‘Copyright and Economic Incentives: An Application to Performers’ Rights in the Music Industry’ PART V DROIT DE SUITE 20. Jeffrey M. Perloff (1998), ‘Droit de Suite’ 21. John L. Solow (1998), ‘An Economic Analysis of the Droit de Suite’ 22. Henry Hansmann and Marina Santilli (1997), ‘Authors’ and Artists’ Moral Rights: A Comparative Legal and Economic Analysis’ Name Index Volume II: Patents Acknowledgements An Introduction by the editors to all four volumes appears in Volume I PART I THE NATURE OF PATENTS AND THE PATENT SYSTEM 1. Edmund W. Kitch (1998), ‘Patents’ 2. Fritz Machlup and Edith Penrose (1950), ‘The Patent Controversy in the Nineteenth Century’ 3. Arnold Plant (1934), ‘The Economic Theory Concerning Patents for Inventions’ 4. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 5. Edmund W. Kitch (1986), ‘Patents: Monopolies or Property Rights?’ 6. Kenneth W. Dam (1994), ‘The Economic Underpinnings of Patent Law’ 7. Fritz Machlup (1958), An Economic Review of the Patent System: Study of the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary 8. Erich Kaufer (1986), ‘The Incentives to Innovate under Alternative Property Rights Assignments with Special Reference to the Patent System’ 9. Suzanne Scotchmer (1996), ‘Patents as an Incentive System’ 10. Yoram Barzel (1968), ‘Optimal Timing of Innovations’ 11. Jennifer F. Reinganum (1989), ‘The Timing of Innovation: Research, Development, and Diffusion’ 12. F.M. Scherer (1977), The Economic Effects of Compulsory Patent Licensing 13. Pankaj Tandon (1982), ‘Optimal Patents with Compulsory Licensing’ 14. Jean O. Lanjouw, Ariel Pakes and Jonathan Putnam (1998), ‘How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data’ PART II PATENT SCOPE AND DURATION 15. D.G. McFetridge and M. Rafiquzzaman (1986), ‘The Scope and Duration of the Patent Right and the Nature of Research Rivalry’ 16. Roger L. Beck (1986), ‘Comment: Does Competitive Dissipation Require a Short Patent Life?’ 17. M. Rafiquzzaman (1987), ‘The Optimal Patent Term Under Uncertainty’ 18. Richard Gilbert and Carl Shapiro (1990), ‘Optimal Patent Length and Breadth’ 19. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’ 20. Paul Klemperer (1990), ‘How Broad Should the Scope of Patent Protection Be?’ 21. Joshua Lerner (1994), ‘The Importance of Patent Scope: An Empirical Analysis’ 22. Paul A. David and Trond E. Olsen (1992), ‘Technology Adoption, Learning Spillovers, and the Optimal Duration of Patent-based Monopolies’ Name Index Volume III: Empirical Evidence, Trade Secrets and Trademarks Acknowledgements An Introduction by the editors to all four volumes appears in Volume I PART I EMPIRICAL EVIDENCE ON PATENTS 1. Edwin Mansfield, Mark Schwartz and Samuel Wagner (1981), ‘Imitation Costs and Patents: An Empirical Study’ 2. Edwin Mansfield (1984), ‘R & D and Innovation: Some Empirical Findings’ and ‘Reply’ 3. Edwin Mansfield (1986), ‘Patents and Innovation: An Empirical Study’ 4. Richard C. Levin (1986), ‘A New Look at the Patent System’ 5. K.H. Oppenländer (1986), ‘The Influence of the Patent System on the Readiness of Industry to Invest - An Empirical Analysis’ 6. Adam B. Jaffe (1986), ‘Technological Opportunity and Spillovers of R & D: Evidence from Firms’ Patents, Profits and Market Value’ 7. Mark A. Lemley (1994), ‘An Empirical Study of the Twenty-year Patent Term’ 8. Mariko Sakakibara and Lee Branstetter (2001), ‘Do Stronger Patents Induce More Innovation? Evidence from the 1988 Japanese Patent Law Reforms’ PART II TRADE SECRETS 9. David D. Friedman (1998), ‘Trade Secret’ 10. Edmund W. Kitch (1980), ‘The Law and Economics of Rights in Valuable Information’ 11. Steven N.S. Cheung (1982), ‘Property Rights in Trade Secrets’ 12. David D. Friedman, William M. Landes and Richard A. Posner (1991), ‘Some Economics of Trade Secret Law’ 13. Paul A. David (1993), ‘Intellectual Property Institutions and the Panda’s Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and History’ PART III TRADEMARKS 14. Nicholas Economides (1998), ‘Trademarks’ 15. A.G. Papandreou (1956), ‘The Economic Effect of Trademarks’ 16. Nicholas S. Economides (1988), ‘The Economics of Trademarks’ 17. William M. Landes and Richard A. Posner (1988), ‘The Economics of Trademark Law’ 18. I.P.L. Png and David Reitman (1995), ‘Why Are Some Products Branded and Others Not?’ 19. Stephen L. Carter (1989), ‘The Trouble with Trademark’ 20. Rudi W. Holzhauer (1998), ‘Jenever and Jumping Wild Cats: The Scope of Trade Mark Protection in Economics and in Law’ 21. Robert Feinberg (1986), ‘Trademarks, Market Power, and Information’ 22. Mark A. Hurwitz and Richard E. Caves (1988), ‘Persuasion or Information? Promotion and the Shares of Brand Name and Generic Pharmaceuticals’ 23. Jochen Pagenberg (1988), ‘Trademark Rights at a Discount – Is Trademark Law Still Effective?’ Name Index Volume IV: Competition and International Trade Acknowledgements An Introduction by the editors to all four volumes appears in Volume I PART I COMPETITION ISSUES – GENERAL 1. Richard A. Posner (1975), ‘The Social Costs of Monopoly and Regulation’ 2. Nancy T. Gallini and Michael J. Trebilcock (1998), ‘Intellectual Property Rights and Competition Policy: A Framework for the Analysis of Economic and Legal Issues’ 3. Richard A. Epstein (1982), ‘Private Property and the Public Domain: The Case of Antitrust’ 4. Valentine Korah (1986), ‘EEC Competition Policy – Legal Form or Economic Efficiency?’ 5. Alexis Jacquemin (1988), ‘Cooperative Agreements in R&D and European Antitrust Policy’ 6. Alan Gutterman (1997), ‘Inter-Firm Co-operation, Competition Law, and Patent Licensing: A US-EC Comparison’ 7. William F. Baxter and Daniel P. Kessler (1998), ‘The Law and Economics of Tying Arrangements: Lessons for the Competition Policy Treatment of Intellectual Property’ 8. Thomas F. Cotter (1999), ‘Intellectual Property and the Essential Facilities Doctrine’ PART II PARALLEL IMPORTS 9. J.S. Chard and C.J. Mellor (1989), ‘Intellectual Property Rights and Parallel Imports’ 10. Lars H. Liebeler (1986), ‘Trademark Law, Economics and Grey-market Policy’ 11. John A. Young, Jr. (1986), ‘The Gray Market Case: Trademark Rights v. Consumer Interests’ 12. John C. Hilke (1988), ‘Free Trading or Free-riding: An Examination of the Theories and Available Empirical Evidence on Gray Market Imports’ 13. Frederick M. Abbott (1998), ‘First Report (Final) to the Committee on International Trade Law of the International Law Association on the Subject of Parallel Importation’ 14. John Rhys, Theon van Dijk, Peter Goate, David Lewis, Franz Gerner, Simon Holmes, David Rose, Tom Usher and David Spilsbury (1999), ‘Executive Summary’ 15. Patricia M. Danzon (1998), ‘The Economics of Parallel Trade’ 16. Harvey E. Bale, Jr. (1998), ‘The Conflicts Between Parallel Trade and Product Access and Innovation: The Case of Pharmaceuticals’ PART III WTO/TRIPS 17. Michael McKee (1986), ‘You Can’t Always Get What You Want: Lessons from the Paris Convention Revision Exercise’ 18. Carlos Alberto Primo Braga (1989), ‘The Economics of Intellectual Property Rights and the GATT: A View From the South’ 19. Robert D. Anderson (1998), ‘The Interface Between Competition Policy and Intellectual Property in the Context of the International Trading System’ 20. J.H. Reichman (1997), ‘From Free Riders to Fair Followers: Global Competition Under the TRIPS Agreement’ PART IV STANDARDISATION ISSUES 21. Richard C. Levin (1978), ‘Technical Change, Barriers to Entry, and Market Structure’ 22. Joseph Farrell (1989), ‘Standardization and Intellectual Property’ Name Index

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Book SynopsisA great deal has been written on the theoretical aspects of copyright and the cultural industries but much less on the applied side - how copyright law works in practice. How do lawyers, firms and artists manage and administer copyright and what economic and legal problems does this raise? In recent times in particular, technological inventions appear to have outpaced the development of copyright law. This illuminating book addresses these issues and looks at the serious implications for copyright policy in the future.Several of the authors question the efficacy of copyright, which is increasingly regarded as benefiting multinational organisations rather than individual authors and performers. Others are less critical of copyright per se, but question its ability to meet the new challenges of a digital era. Some of the specific issues covered include: law and international transactions of copyrighted material economic analysis of copyright and freedom of expression music licensing in the digital age the role of copyright in stimulating cultural development internet distribution of copyright material the problems of licensing museum images. International in scope and offering views from both academics and practitioners, this book will interest and inform economists, lawyers and policymakers alike. Commercial managers and business analysts involved with copyright would also benefit from reading this comprehensive yet accessible book.Trade Review'The chapters are well-written and thoroughly grounded, and cover a range of issues and topics. . . The introduction, by Ruth Towse, offers a good introduction to the concept of copyright, as well as outlining the remaining chapters. . . this is an excellent collection of papers on the issues confronting copyright in the cultural industries. . . This book should be required reading for all copyright policymakers, and is highly recommended for media managers and scholars who will be examining or having to deal with an increasingly problematic copyright structure.' -- Benjamin J. Bates, The International Journal on Media Management'The editor Ruth Towse is to be commended both for the careful editing of the papers and the excellent introduction which both introduces the subject of copyright and summarises the papers presented.' -- Simon Stokes, European Intellectual Property Review'Lawyers who are interested in looking beyond the law as it is, to see how economists are questioning copyright systems as they respond to technological change, are sure to find something of interest in this collection.' -- David Lewisohn, Entertainment Law Review'. . . this collection of essays is soundly written and impressively backed up by references to source materials. It provides some stimulating reading.' -- Kevin Garnett QC, Copyright World MagazineTable of ContentsContents: Preface Introduction 1. Copyright and the Cultural Industries: The Policymaker’s View 2. Copyright, Borrowed Images and Appropriation Art: An Economic Approach 3. Choice of Law Issues in Relation to Copyright 4. Copyright and Freedom of Expression: An Economic Analysis 5. Copyright in the Digital Age: The Economic Rationale 6. Copyright Compulsory Licensing and Incentives 7. Copyright and Corporate Power 8. The Abolition of Copyrights: Better for Artists, Third World Countries and the Public Domain 9. Copyright Societies Do Not Administer Individual Property Rights: The Incoherence of Institutional Traditions in Germany and the UK 10. Music Licensing in the Digital Age 11. Copyright Protection, Appropriability and New Cultural Behaviour 12. Performers in the Digital Era: Empirical Evidence from Japan 13. Creativity without a Copyright: Music Production in Vienna in the Late Eighteenth Century 14. Exploiting Museum Images 15. Copyright in the Digital Age: Opportunities and Drawbacks for Scientific Research 16. The Problems of Authors’ Property Rights Administration in Russia Index

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Book SynopsisPresenting a selection of innovative research contributions written by some of the best-known academics in the field, The Economics of Copyright covers issues that are at the forefront of the implementation and management of copyright.The book touches on all aspects of copyright management including the effects of copyright piracy, optimal contractual arrangements between authors and publishers, copyright and antitrust issues, and collective management of copyright. This selection of papers not only shows how fruitful the study of copyright from an economic theory perspective has been, but they also clearly indicate the directions (and analytical tools) that will be of principal interest over the next few years, as research in this area flourishes.Both legal scholars specialising in intellectual property and applied economics scholars will find this book of importance, as will organisations dealing with the management and protection of intellectual property rights. The book will also be good reading for any advanced university course dealing with the economics of copyright.Trade Review'With references to numerous works and covering latest developments in the field of copyright, the authors of this book propose solutions inspired by economic theory. It is a complex and interesting work, both for lawyers and economists, permitting a greater understanding of the economics of copyright.' -- e-Copyright Bulletin'In this book, the editors have assembled ten well-researched, insightful and accessible papers which cover the important issues relating to economics and copyright. In doing so, they have created a rich resource on current theories, which also indicates future areas of research. Due to the intensity of the subject matter and subsequent theoretical debates, the book would be of interest to those in academic circles or with a keen interest and understanding of the area.' -- Catherine Lee, Copyright Reporter'In contrast to patent law, copyright law has been rather neglected by economists, and the book edited by Gordon and Watt will go a distance toward righting the balance. The topics are varied, the economic analysis in them both rigorous and accessible.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US'A valuable and intelligent compendium of analyses of an issue that is likely to prove increasingly crucial for economic efficiency and the general welfare. To those not conversant with the literature, the book is full of surprising and stimulating insights and analytic avenues. It takes us well beyond the obvious tradeoff between the benefits of stimulus of creativity and ease of dissemination that is the central issue, but by no means the only important issue for rules designed to protect intellectual property.' -- William J. Baumol, New York University and Princeton University, USTable of ContentsContents: Preface by Richard Watt Introduction by Wendy J. Gordon 1. Back to the Future: Can Copyright Owners Appropriate Revenues in the Face of New Copying Technologies? 2. Pricing Information Goods in the Presence of Copying 3. Piracy, Asymmetric Information and Product Quality 4. Copyright Policy, Cultural Policy and Support for Artists 5. Efficient Distribution of Copyright Income 6. Innovation of Music 7. Copyright and Antitrust Issues 8. Self-help Systems: Good Substitutes for Copyright or New Barriers to Competition? 9. The Market for Intellectual Property: The Case of Complementary Oligopoly 10. Are Copyright Collecting Societies Efficient Organisations? An Evaluation of Collective Administration of Copyright in Europe Index

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Book SynopsisThis book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright.The author provides a comprehensive evaluation of the intricacies of antitrust and IP from a broad legal, philosophical and economic perspective. In the economic context she considers the Chicago and Austrian schools of market theory, whilst on the legal and philosophical level she explores antitrust and IP doctrines through the lenses of property, philosophy of rights and history. In this way the reader gains a deeper understanding of the antitrust and IP crossroads, an area that is growing in importance as information plays an ever-increasing role in today's markets. This book provides an original theoretical appraisal of the complex issues that arise when antitrust and IP considerations seem to be at odds with one another. It offers an interesting and viable alternative to the Chicago school of antitrust, and makes a significant practical contribution to the Austrian school of economics. Lawyers, industrial economists and academics working on IP, antitrust and competition will all find this to be an informative and highly rewarding volume. It will also be a good source of reference for anyone interested in the philosophy of property rights.Trade Review'This work provides a fresh and significant examination of the antitrust/intellectual property interface.' -- Thomas E. Kauper, University of Michigan, US'Dina Kallay's work is a pathbreaking application of Austrian economics to one of the most important regulatory issues facing globalizing economies - a refreshingly novel perspective on the intersection between intellectual property and antitrust law.' -- Ronald J. Mann, University of Texas School of Law, US'Dina Kallay develops an interesting interpretation of Austrian economics as applied to intellectual property and antitrust issues, and uses her framework creatively to examine specific cases. Those interested in the application of market-oriented ideas to these issues will find this book to be stimulating and thought-provoking.’ -- Randall G. Holcombe, Florida State University, USTable of ContentsContents: 1. A Framework for Analysis of the Antitrust–Intellectual Property Intersection 2. The Austrian Economics Solution and the Property Narrative 3. The Dynamic Antitrust Analysis Model 4. Application of the Dynamic Model on Refusal to License Intellectual Property (Magill) 5. Application of the Dynamic Model in Network Industries (The Dell Case) Postscript Bibliography Index

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Book SynopsisIntellectual property (IP) has become one of the most influential and controversial issues in today's knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public-private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies.The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.Trade Review'. . . a lovely little book which is full of telling points. Read it and you won't be disappointed.' -- Jeremy Phillips, IPkat.com'Meir Pugatch has done an excellent job by assembling an international and diverse cast of contributing authors, who have offered new insights into a broad span of the most pressing IP-related issues. . . a collection of high quality articles by eminent authorities on IPR is very useful for scholars in the academic fields of law, practitioners, and government officials interested in the field of international trade and intellectual property policy; intellectual property law, technology transfer and valuation and international business.' -- Madhu Sahni, Journal of Intellectual Property RightsTable of ContentsContents: Introduction: Debating IPRs Meir Perez Pugatch PART I: TRADE, INVESTMENT AND ENFORCEMENT POLICIES OF IPRS 1. A Critical Analysis of the TRIPS Agreement Michael Blakeney 2. The TRIPS Agreement: The Damage to the WTO Brian Hindley 3. Can Stronger Intellectual Property Rights Boost Trade, Foreign Direct Investment and Licensing in Developing Countries? Douglas Lippoldt 4. The Enforcement of Intellectual Property Rights: An EU Perspective of a Global Question Paul Vandoren and Pedro Velasco Martins PART II: IPRS, BUSINESS AND PUBLIC–PRIVATE PARTNERSHIPS 5. What is an Idea Worth? Richard P. Rozek and George G. Korenko 6. Intellectual Property Policies and Scale Neutrality: Strategic Management Implications for SMEs Grant E. Isaac 7. Encouraging Cooperation Among the Academic, Government and Private Sectors in US Biomedical R&D Richard P. Rozek and Bridget A. Dickensheets 8. University Technology Transfer Policy Matters: Is it Time for a ‘Bayh-Dole Modernization Act’? Robin J.R. Blatt PART III: IPRS, PHARMACEUTICALS AND BIOTECHNOLOGY 9. Pharmaceutical Innovation and Intellectual Property Rights: A Global Public Good? David Goren 10. The Realities of TRIPS, Patents and Access to Medicines in Developing Countries Eric Noehrenberg 11. Patenting Genes Trevor Cook PART IV: IPRS, COMPETITION, ACCESS AND ANTITRUST IN THE AGE OF THE INFORMATION SOCIETY 12. Balancing Intellectual Property Rights and Competition Law in a Dynamic, Knowledge-Based European Economy Duncan Curley 13. Technology, Time and Market Forces: The Stakeholders in the Kazaa Era Uma Suthersanen 14. Author’s Rights and Internet Regulation: The End of the Public Domain or Constitutional Re-Conceptualization? Guido Westkamp PART V: IPRS AND GEOGRAPHICAL INDICATORS 15. Geographical Indications and TRIPs Michael Blakeney 16. The Treatment of Geographical Indications in Recent Regional and Bilateral Free Trade Agreements David Vivas Eugui and Christoph Spennemann 17. Geographical Indications, Trade and the Functioning of Markets Phil Evans Conclusion: Placing IPRs at the Heart of the Public Discourse Meir Perez Pugatch Index

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Book SynopsisThis comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.Trade Review'The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.' -- Ioannis Lianos, World Competition'Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.' -- Madhu Sahni, Journal of Intellectual Property Rights'This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.' -- IPKAT'Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' -- Marianne Levin, Stockholm University, SwedenTable of ContentsContents: Preface PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach Olav Kolstad 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? Josef Drexl 3. The Contestability of IP-Protected Markets Andreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network Standards Mark-Oliver Mackenrodt PART II: CONTRACTUAL ARRANGEMENTS 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing Steve Anderman 6. Patent Pools – Policy and Problems Hanns Ullrich 7. The Competitive Effects of Patent Field-of-Use Licences Mark R. Patterson 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Junko Shibata PART III: UNILATERAL RESTRAINTS 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches Beatriz Conde Gallego 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis Clifford A. Jones 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Warren S. Grimes PART IV: MERGER CONTROL 12. New Technologies and Mergers Josef Bejček PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion Annette Kur 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? Gustavo Ghidini and Emanuela Arezzo 15. Development of the Economics of Coypright Christian Handke, Paul Stepan and Ruth Towse PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION 16. Intellectual Property, the Internal Market and Competition Law Stefan Enchelmaier 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? Ole-Andreas Rognstad 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Robert D. Anderson Index

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Book SynopsisThis book, the third in the series, follows the themes considered in the first two volumes and brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. New Directions in Copyright Law, Volume 3 comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars who continue the exploration of the role, function and theoretical basis of copyright law. Themes such as the developments in related rights and rights neighbouring on copyright are discussed as well as the protection of traditional knowledge and culture.Playing a leading role in stimulating international research and debate about the future of the copyright system, this book will be of great interest to copyright scholars and copyright stakeholders.Trade Review'The essays in these volumes are clearly written and of readable length. . . the latest installments in the New Directions series will be of particular use to researchers interested in traditional cultural expressions and trade law but other scholars of copyright and media will find papers to interest them.' -- DaithI Mac SIthigh, Scripted'Overall, this is an excellent collection and each contribution is interesting and informative.' -- Louise Buckingham, Copyright ReporterAcclaim for volume 1:Table of ContentsContents: Preface Fiona Macmillan PART I: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 1. Protecting Traditional Cultural Expressions: The International Dimension Michael Blakeney 2. Community and the Exhaustion of Culture. Creative Territories in Traditional Cultural Expressions Johanna Gibson 3. Can Geographical Indications be a Viable Alternative for the Protection of Traditional Cultural Expressions? Daphne Zografos 4. Knowledge and Power: Law, Politics and Socio-cultural Perspectives on the Protection of Traditional Medical Knowledge Systems in Zimbabwe Alex Tawanda Magaisa PART II: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 5. Australian Television Broadcasts as Copyright Property David Brennan 6. A Right to My Public: Copyright, Human Right or Privacy? Johanna Gibson 7. The Garden of Australian Dreams: The Moral Rights of Landscape Architects Matthew Rimmer 8. ‘Pretend-y Rights’: On the Insanely Complicated New Regime for Performers’ Rights in Australia, and How Australian Performers Lost Out Kimberlee Weatherall 9. The Qualification of Traditional Cultural Expressions in Private International Law: A Preliminary Appraisal Guido Westkamp 10. The Resale Royalty and Indigenous Art: An Opportunity for the Recognition of Economic and Cultural Rights? Robynne Quiggin Index

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Book SynopsisThis fourth volume in the series contains further exploration of the main themes considered in the first three volumes and brings together perspectives on copyright from law and legal theory, political economy, human rights, cultural studies and social theory.New Directions in Copyright Law, Volume 4, offers insightful contributions from leading commentators on a range of issues affecting the development and direction of copyright law. The volume is divided into six parts. In the first part, the theoretical framework of copyright law is explored through the concepts of the market place of ideas and the public domain. While a number of chapters address substantive aspects of copyright law reform, the second part of the volume contains a chapter that marries substantive questions with issues around the mechanics, limitations and possibilities of the reform process. In the third part, two chapters consider the problematic notion of paternity rights from contrasting disciplinary perspectives. The interface between copyright law and the burgeoning of new technologies is considered through a range of theoretical and methodological approaches. In the fourth part of the volume legal theorists address issues around open access, open source, free software, and the implications of network theory for the relationship between copyright law and the Internet. Moving away from the concerns of so-called 'high technology', the fifth part of the volume considers the equally fraught question of the protection of traditional knowledge and cultural property through an analysis of the limits of law. The final part of the volume, which deals with copyright's uncomfortable relationship with human rights, sees a return to issues around the new technologies with a focus on the political economy of open source software, and on the issue of information access and fundamental rights.Trade Review'The essays in these volumes are clearly written and of readable length. . . the latest installments in the New Directions series will be of particular use to researchers interested in traditional cultural expressions and trade law but other scholars of copyright and media will find papers to interest them.' -- DaithI Mac SIthigh, Scripted'The fourth volume of this excellent series does not disappoint. Spanning topics within and intersecting copyright as diverse as market power, paternity rights and cultural property, the book provides an interesting range of frameworks with which to consider various aspects of copyright law.' -- Louise Buckingham, Copyright ReporterAcclaim for volume 1:Table of ContentsContents: Preface Fiona Macmillan PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW 1. Copyright and ‘Market Power’ in the Marketplace of Ideas Neil Weinstock Netanel 2. Cultural Expressions: From Common Source to Public Domain Lucky Belder PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE 3. Copyright Law Reform:Some Achievable Goals? Hector L. MacQueen PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 4. Misattribution and Misrepresentation: The Claim of Reverse Passing Off as ‘Paternity’ Right Jonathan Griffiths 5. It’s a Wise Text that Knows its Own Father: Some Problems in Paternity Rights Stina Teilmann PART IV: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Open Access, Open Source and Free Software: Is There a Copy Left? Johanna Gibson 7. The Copyright Web: Networks, Law and the Internet Andrés Guadamuz González PART V: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 8. Copying Right: Cultural Property and the Limits of (Occidental) Law Peter Fitzpatrick and Richard Joyce PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 9. A Contribution to a Political Economy of Open Source and Free Culture David M. Berry 10. Information Access, Lex Digitalis and Fundamental Rights in Modern Copyright Law Guido Westkamp Index

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Book SynopsisThis book continues the exploration of the role, function and theoretical basis of copyright law examined in the first four volumes. New Directions in Copyright Law, Volume 5, offers valuable insights into simulating international research and debate about the future of the copyright system. The international and multidisciplinary core of scholars in this book focus on two themes: copyright and the new technologies; and copyright, corporate power and human rights. This book should be read by anyone interested in the future of copyright, regardless of discipline.Trade Review'A richly diverse and interdisciplinary collection of studies of modern copyright, drawing not only on law but also on insights drawn from history, economics, philosophy and political theory. The importance of human rights for copyright and IPRs generally emerges clearly from the first group of papers, while the easy assumption that copyright develops in response to new technologies is significantly challenged in the second group. An international cast of authors ensures that the coverage is global, while never losing sight of the different ways in which particular issues play out in local contexts.' -- Hector MacQueen, University of Edinburgh, UKAcclaim for volume 1:Table of ContentsContents: Preface Fiona Macmillan PART I: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 1. Database Sui Generis Right: The Need to Take the Public’s Right to Information and Freedom of Expression into Account Estelle Derclaye 2. Author’s Right, Copyright and the Public’s Right to Information: A Complex Relationship (Rethinking Copyright in the Light of Fundamental Rights) Christophe Geiger 3. Traditional Cultural Expressions in a Matrix of Copyright, Cultural Diversity and Human Rights Christoph Beat Graber 4. Comparative Advertising: The Conflicting Claims of Copyright, Unfair Competition and Freedom of Expression Jonathan Griffiths 5. Political Economy of Intellectual Property Policy-Making: Theory and Practice – An Observation from a Realistic (and Slightly Cynical) Perspective Meir Perez Pugatch PART II: COPYRIGHT AND THE NEW TECHNOLOGIES 6. Copyright Law: A Stakeholders’ Palimpsest Uma Suthersanen 7. How Technology Changes the Scope, Strength and Usefulness of Copyright: Revisiting the ‘Economic Rationales’ Underpinning Copyright Law in the New Economy Birgitte Andersen 8. Fertile Ground: Law, Innovation and Creative Technologies Kathy Bowrey 9. Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment Maurizio Borghi Index

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Book SynopsisThe chapters in this volume are written by international experts from a variety of disciplines, employing a range of theoretical and methodological approaches to issues in copyright law. This volume, and the series of which it is the final part, is structured around the six themes of the AHRC Network on New Directions in Copyright Law, which are: (1) Theoretical Framework of Copyright Law; (2) Globalisation, Convergence and Divergence; (3) Developments in Rights Neighbouring on Copyright; (4) Protection of Traditional Knowledge and Culture; (5) Copyright and the New Technologies; and (6) Copyright, Corporate Power and Human Rights. Accordingly, the volume addresses itself to all those with an interest in copyright, regardless of discipline.Trade Review'This is an exceptional collection of scholarly contemporary thoughts on the future directions of copyright law. . . The contributors to this volume come from many jurisdictions and bring with them their respective rich backgrounds and experiences in copyright law. The result is an enlightening collection of papers.' -- Yee Fen Lim, Journal of Intellectual Property Law and Practice'Every one of the first five volumes in Edward Elgar's New Directions in Copyright Law series has been warmly welcomed by the IPKat and this, the sixth edition, is no exception. . . this series has turned regular thinking on copyright inside-out and upside-down.' -- IPKat.comAcclaim for volume 5:Acclaim for volume 4:Table of ContentsContents: Preface Fiona Macmillan PART I: THEORETICAL FRAMEWORK OF COPYRIGHT LAW 1. Why has Copyright Expanded? Analysis and Critique Neil W. Netanel 2. Copyright and the Sequel: What Happens Next? Ian Eagles 3. Copy: From Wrong to Right Stina Teilmann 4. Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Best Sellers Paul J. Heald 5. ‘Don’t Fence Me In’: Travels on the Public Domain Eva Hemmungs Wirtén PART II: GLOBALISATION, CONVERGENCE AND DIVERGENCE 6. Cross Border Market Segmentation and Price Discrimination: Copyright and Competition at Odds Louise Longdin 7. Foreign and International Influences on National Copyright Policy: A Surprisingly Rich Picture Graeme B. Dinwoodie PART III: DEVELOPMENTS IN RIGHTS NEIGHBOURING ON COPYRIGHT 8. Continuing Problems with Film Copyright Michael Handler PART IV: PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURE 9. Universalist Norms for a Globalised Diversity: On the Protection of Traditional Cultural Expressions Andreas Rahmatian 10. How Much is Too Little? Robynne Quiggin PART V: COPYRIGHT AND THE NEW TECHNOLOGIES 11. P2P@softwar(e).com: Or the Art of Cyberspace 3.0 Joseph Savirimuthu 12. Modelling Copyright Exceptions: Law and Practice in Australian Cultural Institutions Emily Hudson, Andrew T. Kenyon and Andrew F. Christie PART VI: COPYRIGHT, CORPORATE POWER AND HUMAN RIGHTS 13. Copyright, the World Trade Organization, and Cultural Self-Determination Fiona Macmillan 14. On European Narratives of Human Rights and their Possible Implications for Copyright Helle Porsdam 15. Authors’ Rights as a Limit to Copyright Control Leslie Kim Treiger-Bar-Am Index

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Book SynopsisMedia, Technology and Copyright is an interdisciplinary work that applies economic theory to central topical issues in the law of intellectual property. Based on the author's professional experience as a professor, lecturer, and consultant, the volume represents the first full-length consideration of the diverse topics of law and copyright by a professional economist. Opening chapters of the book involve issues in the analog domain, including the economics of infringement, fair use, property damages, liability rules, compulsory licensing, and publicity rights. Chapters on digital rights include topics related to software, databases, and cyber-law, including digital rights management, file-sharing, music licensing, deep linking, framing, and contributory infringement. The author also brings economic insights to competition law for intellectual property, including antitrust, copyright misuse, and applications in the European Union.Written in non-technical language for an interdisciplinary audience of lawyers, economists, students, artists, and professionals in the content industry, the book provides a comprehensive study for anyone interested in the issues surrounding intellectual property rights.Trade Review'Einhorn has written an important and well-judged book that casts intelligent and thorough economic analysis on some recent controversies in digital media copyright. . . Given the propensity of European copyright and Internet lawyers to profess an even greater ignorance of economics than they actually possess, this book should be required reading for lawyers who seek to engage with the central economic purpose of copyright law: to gauge the protection of monopoly for the author necessary to reward and therefore encourage innovation, while assessing the fair use that is just for the user. Einhorn's view is a reasonable and most careful explanation of these economic precepts, balancing his view from economics with regard for legal precedent and the economic education of jurists.' -- Christopher T. Marsden, SCRIPT-ed - The Online Law and Technology Journal'In this new book, Einhorn puts his wealth of personal experience to work to fully and clearly describe myriad topics that are at the forefront of intellectual property management today. The book will provide stimulating reading for any person, both academic scholar and practitioner, interested in the way new technologies, above all the Internet and digital content, are affecting the legal treatment of copyrightable intellectual property and related business methods and practices. The book is extremely informative, clearly written, and obviously meticulously researched. Definitely recommendable reading.' -- Richard Watt, Universidad Autonoma de Madrid, SpainTable of ContentsContents: Preface 1. Introduction 2. Fair Use and Economic Analysis 3. Digital Rights Management, Licensing and Privacy 4. Napster and Peer-to-Peer 5. Digital Music and the Anti-Commons 6. Publicity Rights and Consumer Rights 7. Software, Search and Data 8. Open Source and Innovative Copyright References Index

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Book SynopsisThis three-volume set is an authoritative selection of some of the most important published papers in law and economics. It provides an extensive overview of recent work for law and economics scholars and an opportunity to explore developments in particular fields for those interested in more specialized study. Volume I presents current theories being applied in property law and intellectual property. Volume II addresses current issues in torts, criminal law, and remedies. Volume III explores a variety of approaches to contract and corporate law. These innovative papers offer ideas for the improvement of current legal policies and identify areas requiring additional study to further enhance our understanding of ways in which economics can inform the development of law.Table of ContentsContents: Volume I – Property and Intellectual Property Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I PROPERTY LAW 1. Robert C. Ellickson (1993), ‘Property in Land’ 2. Dean Lueck (1995), ‘The Rule of First Possession and the Design of the Law’ 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’ 4. James M. Buchanan and Yong J. Yoon (2000), ‘Symmetric Tragedies: Commons and Anticommons’ 5. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerous Clauses Principle’ 6. Francesco Parisi (2002), ‘Entropy in Property’ 7. Henry Hansmann and Reiner Kraakman (2000), ‘The Essential Role of Organizational Law’ PART II INTELLECTUAL PROPERTY 8. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anticommons in Biomedical Research’ 9. Hal R. Varian (2000), ‘Buying, Sharing and Renting Information Goods’ 10. Josh Lerner and Jean Tirole (2002), ‘Some Simple Economics of Open Source’ 11. Stephen Tadelis (1999), ‘What’s in a Name? Reputation as a Tradeable Asset’ 12. Robert G. Bone (2004), ‘Enforcement Costs and Trademark Puzzles’ Name Index Volume II – Torts, Crimes and Remedies Acknowledgements An Introduction by the editor to both volumes appears in Volume I PART I TORT LAW 1. Guido Calabresi (2007), ‘Toward a Unified Theory of Torts’ 2. A. Mitchell Polinsky and Steven Shavell (1998), ‘Punitive Damages: An Economic Analysis’ 3. Richard Craswell (1999), ‘Deterrence and Damages: The Multiplier Principle and its Alternatives’ 4. Francesco Parisi and Vincy Fon (2004), ‘Comparative Causation’ 5. Robert D. Cooter and Ariel Porat (2006), ‘Liability Externalities and Mandatory Choices: Should Doctors Pay Less?’ PART II REMEDIES 6. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liability: Optimal Incentives for Care and Litigation’ 7. Yeon-Koo Che and Tai-Yeong Chung (1999), ‘Contract Damages and Cooperative Investments’ 8. Ian Ayres and Eric Talley (1995), ‘Solomonic Bargaining: Dividing a Legal Entitlement to Facilitate Coasean Trade’ 9. Louis Kaplow and Steven Shavell (1996), ‘Property Rules versus Liability Rules: An Economic Analysis’ 10. Saul Levmore (1997), ‘Unifying Remedies: Property Rules, Liability Rules, and Starting Rules’ 11. Abraham Bell and Gideon Parchomovsky (2002), ‘Pliability Rules’ PART III CRIMINAL LAW 12. Daniel Kessler and Steven D. Levitt (1999), ‘Using Sentence Enhancements to Distinguish Between Deterrence and Incapacitation’ 13. John J. Donahue III and Steven D. Levitt (2001), ‘The Impact of Legalized Abortion on Crime’ 14. Gary S. Becker, Kevin K. Murphy and Michael Grossman (2004), ‘The Economic Theory of Illegal Goods: The Case of Drugs’ Name Index Volume III – Contracts and Corporations Acknowledgements An Introduction by the editor to both volumes appears in Volume I PART I CONTRACT LAW 1. Oliver Hart and John Moore (1999), ‘Foundations of Incomplete Contracts’ 2. Ian Ayres and Robert Gertner (1992), ‘Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules’ 3. Douglas G. Baird (2006), ‘The Boilerplate Puzzle’ 4. Robert Cooter and Ariel Porat (2002), ‘Anti-Insurance’ 5. Robert E. Scott and George G. Triantis (2004), ‘Embedded Options and the Case Against Compensation in Contract Law’ 6. Richard Craswell (2006), ‘Taking Information Seriously: Misrepresentation and Nondisclosure in Contract Law and Elsewhere’ 7. Avery Weiner Katz (1999), ‘An Economic Analysis of the Guaranty Contract’ 8. Alexander J. Triantis and George G. Triantis (1998), ‘Timing Problems in Contract Breach Decisions’ 9. Oren Bar-Gill and Omri Ben-Shahar (2004), ‘Threatening an ‘Irrational’ Breach of Contract’ PART II CORPORATE LAW 10. Andrei Shleifer and Robert W. Vishny (1997), ‘A Survey of Corporate Governance’ 11. Margaret M. Blair and Lynn A. Stout (1999), ‘A Team Production Theory of Corporate Law’ 12. George G. Triantis (2000), ‘Financial Slack and the Laws of Secured Transactions’ 13. Lucian Ayre Bebchuk, Jesse M. Fried and David I. Walker (2002), ‘Managerial Power and Rent Extraction in the Design of Executive Compensation’ 14. Henry Hansmann and Reiner Kraakman (2001), ‘The End of History for Corporate Law’ 15. Mark J. Roe (2002), ‘Corporate Law’s Limits’ Name Index

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Book SynopsisThis Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights.TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article.An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.Contents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final ProvisionsTrade Review‘This excellent and extensive commentary on the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a valuable addition to the field. . . this reviewer very much enjoyed the book and looks forward to consulting it further in the future, particularly as reliance on TRIPS continues to develop in European practice.’ -- Christopher Stothers, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final Provisions

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Book SynopsisThere has been continued debate in Europe over whether to change the patentability of software - or so-called computer-implemented inventions - and to follow the US model of allowing software patents.The European debate has shown a severe lack of empirical analysis on the possible impact of software patenting that goes beyond interest-driven rhetoric. This book seeks to address this shortcoming by taking a two-fold approach. Firstly, a survey of German software companies provides a representative overview of both general strategies to protect inventions and opinions regarding the future IPR regime in the context of innovation strategies - including the importance and use of Open Source software. Secondly, a series of case studies illustrate the varying impacts that patents and other protection strategies can have in specific contexts. This book provides both a theoretical overview of the economic impacts and policy implications of software patents, and an empirical foundation upon which to base a discussion on how to shape the intellectual property regime for software. Thus, this volume will be of interest to industrial economists and students, as well as legal scientists and analysts and students of governance in innovation systems. It will also appeal to all policy stakeholders dealing with IPR issues and/or software developing industries.Trade Review'. . . this book contains an interesting empirical study of the state of opinion in the European software industry. . .' -- David Rogers, European Intellectual Property ReviewTable of ContentsContents: Foreword 1. Introduction 2. Literature Survey 3. Empirical Investigation: A Representative Survey 4. Context-Specific In-Depth Analysis: Case Studies 5. Qualifying the Survey Results by Means of the Case Studies 6. Summary and Conclusions Bibliography Index

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Book SynopsisFor this comprehensive collection, the editor has brought together key readings on the subject of the law and economics of intellectual property rights - patents, copyrights and trademarks. It provides a judicious selection of the most important published research on this crucial topic, drawing equally from the law and economics literature. It thus brings together frequently cited classic articles that are rarely encountered in a single published source. The articles have been selected on the basis of three primary criteria: their continuing influence in legal and economic discussions; their longevity (important in a field where the volume of published work is very large and growing very quickly); and their relevance to contemporary theoretical and policy debates. The chosen writings delve deeply into theory, empirics, and institutional detail, ranging from Edwin Mansfield's early, influential study on patents and imitation costs, to very recent work on the relationship between copyright law and the first amendment. This collection makes an indispensable desk reference for scholars of intellectual property rights.Table of ContentsContents: Volume I Acknowledgements Introduction Robert P. Merges PART I PATENTS 1. Roger L. Beck (1983), ‘The Prospect Theory of the Patent System and Unproductive Competition’ 2. Alfred E. Kahn (1940), ‘Fundamental Deficiencies of the American Patent Law’ 3. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 4. Nancy T. Gallini (2002), ‘The Economics of Patents: Lessons from Recent U.S. Patent Reform’ 5. Richard Gilbert and Carl Shapiro (1990), ‘Optimal Patent Length and Breadth’ 6. Henry Grabowski and John Vernon (1986), ‘Longer Patents for Lower Imitation Barriers: The 1984 Drug Act’ 7. Mark F. Grady and Jay I. Alexander (1992), ‘Patent Law and Rent Dissipation’ 8. Louis Kaplow (1984), ‘The Patent-Antitrust Intersection: A Reappraisal’ 9. Jean O. Lanjouw and Mark Schankerman (2001), ‘Characteristics of Patent Litigation: A Window on Competition’ 10. Josh Lerner (2002), ‘150 Years of Patent Protection’ 11. Edwin Mansfield, Mark Schwartz and Samuel Wagner (1981), ‘Imitation Costs and Patents: An Empirical Study’ 12. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’ 13. Robert P. Merges (1994), ‘Of Property Rules, Coase, and Intellectual Property’ 14. William D. Nordhaus (1972), ‘The Optimal Life of a Patent: Reply’ 15. Edith Penrose (1973), ‘International Patenting and the Less-Developed Countries’ 16. Mark Schankerman and Ariel Pakes (1986), ‘Estimates of the Value of Patent Rights in European Countries During the Post-1950 Period’ 17. F.M. Scherer (1965), ‘Firm Size, Market Structure, Opportunity and the Output of Patented Inventions’ 18. F.M. Scherer (1972), ‘Nordhaus’ Theory of Optimal Patent Life: A Geometric Reinterpretation’ 19. Suzanne Scotchmer (1991), ‘Standing on the Shoulders of Giants: Cumulative Research and the Patent Law’ 20. Brian D. Wright (1983), ‘The Economics of Invention Incentives: Patents, Prizes and Research Contracts’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I COPYRIGHT 1. Yochai Benkler (1999), Excerpt from ‘Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain’ 2. Stanley M. Besen, Sheila N. Kirby and Steven C. Salop (1992), ‘An Economic Analysis of Copyright Collectives’ 3. Stanley M. Besen and Sheila Nataraj Kirby (1989), ‘Private Copying, Appropriability, and Optimal Copyright Royalties’ 4. Stephen Breyer (1970), ‘The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs’ 5. William W. Fisher III (1988), ‘Reconstructing the Fair Use Doctrine’ 6. William R. Johnson (1985), ‘The Economics of Copying’ 7. William M. Landes and Richard A. Posner (1989), ‘An Economic Analysis of Copyright Law’ 8. Josh Lerner and Jean Tirole (2002), ‘Some Simple Economics of Open Source’ 9. Hal Varian (2000), ‘Buying, Sharing and Renting Information Goods’ 10. Martha Woodmansee (1984), ‘The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the ‘Author’’ PART II TRADEMARKS 11. Robert G. Bone (2004), ‘Enforcement Costs and Trademark Puzzles’ 12. John F. Coverdale (1984), ‘Trademarks and Generic Words: An Effect-on-Competition Test’ 13. Gene M. Grossman and Carl Shapiro (1988), ‘Foreign Counterfeiting of Status Goods’ 14. Milton Handler and Charles Pickett (1930), ‘Trade-Marks and Trade Names – An Analysis and Synthesis: II’ 15. William M. Landes and Richard A. Posner (1987), ‘Trademark Law: An Economic Perspective’ 16. Frank I. Schechter (1927), ‘The Rational Basis of Trademark Protection’ 17. Steven Tadelis (1999), ‘What’s in a Name? Reputation as a Tradable Asset’ Name Index

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Book SynopsisThe present state of copyright law and the way in which it threatens the remix of culture and creativity is a shared concern of the contributors to this unique book. Whether or not to remain within the underlying regime of intellectual property law, and what sort of reforms are needed if we do decide to remain within this regime, are fundamental questions that form the subtext for their discussions. One opinion that manifests itself in the book is that we should not reject present copyright law altogether, but rather find ways to fit it to the new digital technology, whilst others take a more sceptical view. They argue, for example, that the solution to copyright-related problems is simply to give up on copyright law altogether. The life and work of Danish writer Hans Christian Andersen presents an ideal focus and/or point of departure, giving the contributors a historical and well defined framework for their discussion of the various problems in relating copyright to cultural creativity.Copyright and Other Fairy Tales will be of great interest to scholars of intellectual property from a diversity of fields including law, economics, and cultural studies, as well as historians interested in the link between cultural creativity and the role of copyright in promoting (or preventing) such creativity.Trade Review'This collection of essays is a stimulating, topical, informative and thoroughly enjoyable read, and comes highly recommended by the reviewer.' -- Maureen O'Sullivan, Script-ed'The essays are provocative. They argue that the integrity of the artistic work and the "protection of traditional cultural creativity" must be protected, yet one must recognize the enormous value (and creativity) of Hans Christen Andersen's "transformative use of the cultural commons." Many creators other than Andersen - from Dickens to Australian Aboriginal peoples - fill these pages: accordingly, this volume will stretch the mind. Highly recommended.' -- J.G. Holland, Choice'This is not a lighthearted book, but rather an inspiring tale that challenges the development of copyright. A detailed historical analysis of copyright leads to fundamental questions about the role of copyright in society. From a historical perspective a tale of failure blamed on commodification surfaces, but the book also offers perspectives on the future, i.e. a future with or without copyright as we know it. Maybe after all there will be a fairy tale ending for the reader.' -- Paul Torremans, University of Nottingham, UK'Once the preserve of a few legal specialists, the wider implications of copyright law are more and more the concern of literary scholars and cultural analysts as well as of increasingly sceptical lawyers. Helle Porsdam is to be congratulated on assembling and editing this interesting collection of essays, which rightly opens up even further the debate on the cultural role of copyright law, one in which every one of us should participate.' -- Ruth Towse, Erasmus University Rotterdam, The NetherlandsTable of ContentsContents: Introduction: Hans Christian Andersen, Best of Story Tellers Helle Porsdam 1. (Re)creativity: How Creativity Lives Lawrence Lessig 2. On Real Nightingales and Mechanical Reproductions Stina Teilmann 3. Bleak House or Great Expectations? The Literary Author as a Stakeholder in Nineteenth-Century International Copyright Politics Uma Suthersanen 4. Adaptations with Integrity Leslie Kim Treiger-Bar-Am 5. What Might Hans Christian Andersen Say About Copyright Today? Fiona Macmillan 6. Hans Christian Andersen and the Protection of Traditional Cultural Expressions Michael Blakeney 7. Should the Logic of ‘Open Source’ be Applied to Digital Cultural Goods? An Exploratory Essay Lee Davis 8. Imagining the World Without Copyright: The Market and Temporary Protection, A Better Alternative for Artists and the Public Domain Marieke van Schijndel and Joost Smiers Index

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Book SynopsisThis important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection.Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economicsTrade Review‘Trademark Law and Theory brings together a global collection of 19 highly-respected scholars and is an excellent resource for practitioners, students, and trademark scholars alike. . . Trademark Law and Theory provides the reader with an excellent overview of the threads of current trademark law scholarship.' -- Leah Chan Grinvald, The IP Law Book Review'Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that "no book can be all things to all men". Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . .' -- Odette Hutchinson, Communications Law'Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly "contemporary" and is highly theoretical and doctrinal in character, while the interesting choice of the word "handbook" suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover.' -- Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review'Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions.' -- Robert Denicola, University of Nebraska, USTable of ContentsContents: Introduction PART I: METHODOLOGICAL PERSPECTIVES 1. From Communication to Thing: Historical Aspects of the Conceptualisation of Trade Marks as Property Lionel Bently 2. The Semiotic Account of Trademark Doctrine and Trademark Culture Barton Beebe 3. A Search-Costs Theory of Limiting Doctrines in Trademark Law Stacey L. Dogan and Mark A. Lemley 4. Trade Mark Bureaucracies Robert Burrell 5. The Political Economy of Trademark Dilution Clarisa Long PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS 6. Fundamental Concerns in the Harmonization of (European) Trademark Law Annette Kur 7. Substantive Trademark Law Harmonization: On the Emerging Coherence Between the Jurisprudence of the WTO Appellate Body and the European Court of Justice Gail E. Evans 8. The Free Movement (or not) of Trademark Protected Goods in Europe Thomas Hays 9. The Trademark Law Provisions of Bilateral Free Trade Agreements Burton Ong PART III: CRITICAL ISSUES A. Trademarks and Speech 10. Reconciling Trademark Rights and Expressive Values: How to Stop Worrying and Learn to Love Ambiguity Rochelle Cooper Dreyfuss 11. Truth and Advertising: The Lanham Act and Commercial Speech Doctrine Rebecca Tushnet 12. Restricting Allusion to Trade Marks: A New Justification Michael Spence B. Limiting the Scope of Trademark Rights 13. Protecting the Common: Delineating a Public Domain in Trade Mark Law Jennifer Davis 14. Tolerating Confusion About Confusion: Trademark Policies and Fair Use Graeme W. Austin 15. Online Word of Mouth and its Implications for Trademark Law Eric Goldman C. Trademarks and Traditional Knowledge 16. Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights Susy Frankel 17. Culture, Traditional Knowledge and Trademarks: A View from the South Coenraad Visser D. The Edges of Trademark Protection 18. Of Mutant Copyrights, Mangled Trademarks, and Barbie’s Beneficence: The Influence of Copyright on Trademark Law Jane C. Ginsburg 19. Signs, Surfaces, Shapes and Structures – The Protection of Product Design Under Trade Mark Law Alison Firth Index

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Book SynopsisIn modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.Offering a non-technical introduction to this major topic, this book will be of interest to those practitioners and legal and economic scholars who may only be aware of one side of the conflicting views on competition law and intellectual property law. It will also be of interest more generally to schools and universities of law in the EU and the US.Trade Review'The high-level articles in Antitrust, Patents and Copyright provide an excellent international comparative look at the increasingly important intersection between anti-trust and IP. . . a valuable and welcome contribution to the literature in this field.' -- - SCRIPT-ed - The Online Law and Technology Journal'I very much liked this book both for its subject-matter and the way it has been written clearly drawing out the key legal, public policy and economic threads of this difficult subject. If one is looking for a work that thoroughly explores the current boundaries in this important area then this book is a good buy.' -- Philip Allery, European Competition Law Review'. . . this book is strongly recommended to knowledgeable readers who are looking for an informative, clear and interesting comparison of the current US and European positions and case law.' -- David Rogers, European Intellectual Property Review'This volume offers a fresh perspective on the IP/antitrust interface. Its blend of economic policy analysis and provocative policy prescriptions is particularly noteworthy. It is noteworthy for the scope of its coverage (patent, copyrights, and database protection) and international focus. I would highly recommend this book to anyone seeking a sophisticated comparative perspective on the harmonization of IP and antitrust enforcement policies.' -- Alden Abbott, US Federal Trade CommissionTable of ContentsContents: Introduction 1. Competition Policy and Intellectual Property: Redefining the Role of Competition Agencies 2. Unilateral Refusals to License in the US 3. The Application of the Essential Facility Doctrine to Intellectual Property Rights under European Competition Law 4. The Strategic Use of Patents: Implications for Antitrust 5. Innovation, Leveraging and Essential Facilities: Interoperability Licensing in the EU Microsoft Case 6. Adverse Selection and the Legal Protection of Intellectual Property Rights 7. Copyright and ‘Market Power’ in the Marketplace of Ideas 8. Copyright and the DMCA: Market Locks and Technological Contracts 9. Abuse of Database Right: Sole-Source Information Banks under the EU Database Directive Index

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Book SynopsisThis book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings: Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Technology and Resources. Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy.The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.Trade Review'. . . the book is a well-presented collection of scholarly articles on diverse, stimulating topics. . . The levels of explanation and detail vary from chapter-to-chapter and so the reader will probably find the book most helpful to consult for key topics of interest. . . The breadth of the book means that students, academics and interested practitioners should find areas that will appeal.' -- Frederick Chen, European Intellectual Property Review'Together the essays cover some of the most topical issues in IP and related fields, and should therefore be of immense interest - and value - to any serious student of the subject.' -- The Commonwealth Lawyer'It is an extremely thought-provoking book, crammed full of excellent papers which are genuinely original, and push forward the boundaries of their retrospective topics. . . the book is without doubt worth purchasing for anyone interested in IP theory, pharmaceuticals or traditional knowledge. . . the papers are of incredibly good quality. . . a few of those alone make the book worth purchasing. My impromptu rating system will therefore award it 5 out of 5 stars.' -- James Griffin, Communications LawTable of ContentsContents: Foreword Michael Blakeney PART I: TECHNOLOGY, MARKET FREEDOM AND THE PUBLIC DOMAIN 1. The Confusing Case of Mr Smith – Herchel Smith as Litigant Jeremy Phillips 2. Auditing Intellectual Property Rights by Public Research Institutes Michael Blakeney 3. Some Initial Thoughts on Copyright, Human Rights and Market Freedom Uma Suthersanen 4. Changing Mechanisms in Copyright’s Ontology – Structure, Reasoning and the Fate of the Public Domain Guido Westkamp 5. The Structure of Control – Communication Systems and Copyright Law John Cahir 6. Circumventing the Idea/Expression Dichotomy: The Use of Copyright, Technology and Contract to Deny Access to Ideas Noam Shemtov 7. The Pharmaceutical Industry, the Evolution of Patent Law and the Public Interest: A Brief History Graham Dutfield 8. Seabirds, Series and Sonar: Claiming Registered Rights Alison Firth 9. Post Sale Effects of a Trade Mark: Conceptual Necessity or a Gift to Trade Mark Proprietors? Spyros Maniatis PART II: INTELLECTUAL PROPERTY IN INTERNATIONAL TRADE 10. Intellectual Property Rights as Strategic Weapon: Domestic and International Trade Considerations Gary Lea 11. Intellectual Property Law and Political Transformation: Post-Socialist Reform in Central and Eastern Europe Mira Sundara Rajan 12. Lessons from Negotiating an Amendment to the TRIPs Agreement: Compulsory Licensing and Access to Medicines Duncan Matthews 13. The International Protection of Geographical Indications Yesterday, Today and Tomorrow Gail Evans and Michael Blakeney PART III: TRADITIONAL KNOWLEDGE, TECHNOLOGY AND RESOURCES 14. Knowledge and Other Values – Intellectual Property and the Limitations for Traditional Knowledge Johanna Gibson 15. Checking the Lie of the Land: Current Trends in Bioprospecting Related Laws Florian Leverve 16. Avenues to Ensure Full Participation of Rural Communities in Access Authorisation Processes in Cameroon and South Africa Marcelin Tonye Mahop 17. NERICA, Food Security and Intellectual Property: From the Green to the Gene Revolution Muriel Lightbourne 18. The Appropriation of American Indian Names and Images in Trade Marks – The Washington Redskins Case Daphne Zografos Index

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Book SynopsisThis book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested.Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.Trade Review‘US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law.' -- Simon Teng, Journal of Intellectual Property Law and Practice'. . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement.' -- Louise Buckingham, Copyright Reporter'The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by "six of the best, if not the best, professors of intellectual property law in the United States".' -- John A. Tessensohn, European Intellectual Property ReviewTable of ContentsContents: Introduction 1. State Street or Easy Street: Is Patenting Business Methods Good for Business? Rochelle Cooper Dreyfuss 2. From Having Copies to Experiencing Works: The Development of an Access Rights in U.S. Copyright Law Jane C. Ginsburg 3. The Rational Limits of Trademark Law (2000) Graeme B. Dinwoodie 4. Sixty Years of the Lanham Act: The Decline and Demise of Monopoly Phobia Marshall Leaffer 5. Discharging the Canons of Claim Construction: Exercises in Interpretation at the United States Court of Appeals for the Federal Circuit John R. Thomas 6. Economic and Constitutional Influences on Copyright Law in the United States Pamela Samuelson Index

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Book SynopsisThis timely and important book illuminates the impact of cyber law on the growth and development of emerging and developing economies. Using a strong theoretical framework firmly grounded in resource-based and technology diffusion literature, the authors convey a subtle understanding of the ways public and private sector entities in developing and emerging countries adopt cyber space processes.This book reveals that the diffusion of cyber activities in developing and emerging economies is relatively low, with the main stumbling blocks resting in regulatory, cultural, and social factors. The authors argue that cyber crimes constitute a prime obstacle to the diffusion of e-commence and e-governments in developing economies, and governments have an important role in developing control mechanisms in the form of laws. However, setting appropriate policies and complementary services, particularly those affecting the telecommunications sector and other infrastructure, human capital and the investment environment, severely constrains Internet access. Using both strategic and operational perspectives, the authors discuss the concrete experience of constructing and implementing cyber laws and cyber security measures in developing and emerging countries, and analyse their content and appropriateness. Professionals, academics, students, and policymakers working in the area of cyber space, e-commerce and economic development, and United Nations entities working closely with the Millennium Development Goals, will find this book an invaluable reference.Table of ContentsContents: 1. Establishing the Context 2. Security and Trust in Cyber Space 3. Resource-based View and Theory 4. Methodology and Development of Hypotheses 5. Data Collection and Empirical Results 6. Conclusion, Recommendations, and Future Research Index

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Book SynopsisChina's accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives.Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China's IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started.The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country.This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.Trade Review'. . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable.' -- Wei Shi, Communications LawTable of ContentsContents: Foreword: The Recent Development and Current Status of Judicial Protection of Intellectual Property in China Hon. Dr H.C. Cao Jianming Preface Paul Torremans, Shan Hailing and Johan Erauw Introduction: Setting the Scene Paul Torremans PART I: TRIPS COMPLIANCE: SUBSTANTIVE RIGHTS 1. Are Chinese Intellectual Property Laws Consistent with the TRIPs Agreement? Guo Shoukang and Zuo Xiaodong 2. Substantive Law Issues in Europe a Decade after TRIPS Paul Torremans PART II: TRIPS COMPLIANCE: ENFORCEMENT ISSUES 3. The TRIPS Agreement and the Changing Landscape of International Intellectual Property Daniel J. Gervais 4. The Fight Against Piracy: Working Within the Administrative Enforcement System in China Kristie Thomas 5. Problems and New Developments in the Enforcement of Intellectual Property Rights in China Jingzhou Tao 6. Legal Protection of Copyright and Trademarks in Cyberspace in China Hon. Jiang Zhipei PART III: NON-MAINSTREAM RIGHTS AND TRANSFER OF TECHNOLOGY 7. Confidentiality Agreements and Non-Competition Clauses John Adams 8. Protection of Know-how in Chinese Enterprises and Employment Relationships Hailing Shan 9. Protection of Traditional Knowledge: Protecting Poor Countries’ Intellectual Property? Zhu Lanye 10. Legal Issues Regarding Contracts of Technology Import: A Chinese Lawyer’s Perspective Zou Weining PART IV: THE DEVELOPMENT AGENDA, TRIPS AND CHINA 11. The WTO–TRIPS Patent Regime after Doha: Promises and Realities Sigrid Sterckx 12. Intellectual Property Rights and WTO Compliance: Chinese and European Perspectives Fientje Moerman PART V: POSTSCRIPT 13. The Agenda for the Future Paul Torremans Bibliography Index

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Book SynopsisThis unique study investigates the path of innovation in the electrical, electronics and communications engineering industries. It presents a holistic, multi-disciplinary analysis of innovation based on case studies of paradigm-changing inventions - spanning two hundred years - which altered the course of the global economy.The stimuli and constraints which control the dynamics of these innovations are pin-pointed in this book and applied to emerging technologies. Roger Cullis tests the analysis using a recent technology which underpins the embryonic information-based economy. He demonstrates that it is possible to use the hierarchical and time dependent nature of the stimuli and constraints he has identified to predict the likely success of a new technological invention.Considering the impact of all factors which contribute to the success of innovations, this unique book will be of great interest to inventors, patent attorneys and intellectual property practitioners and academics. It will also interest licensing executives and venture capitalists, innovation economists and government policymakers.Trade Review'. . . a comprehensive and detailed analysis of the socio-economic factors that influence innovations. This book is unlike any other texts currently available as it offers a unique practical and multidisciplinary study on how inventions have occurred over the past two hundred years, affecting the growth of the economy. . . The book concludes with a very useful prologue. . . the author should be congratulated. He has provided a highly valuable contribution to the deep understanding of the dynamics of innovation, one of the most relevant topics of our global economy. From these assumptions, Patents, Inventions and the Dynamics of Innovation will be of great interest and will serve as an important point of reference for a variety of audiences, spanning from inventors themselves to patent attorneys, IP practitioners, academics and innovation economists.' -- Rosa Maria Ballardini, ScriptedTable of ContentsContents: Preface 1. Prologue 2. Setting the Scene 3. Placing the Research in Context 4. Analysis of Technological Innovation Case Studies 5. The Nature and Process of Invention 6. The Logistics of Innovation 7. ‘All Change!’ – Stimuli and Constraints 8. Faith, Hope and Clarity – The Inventor’s Role 9. Carrot and Stick – The Influence of Official Policy 10. Chicken and Egg – Do Existing Markets Control Inventions... 11. ... Or Do Innovations Make Markets? 12. Many a Mickle Makes a Model 13. Empirical Rules, OK? 14. Post Scriptum 15. Epilogue References Index

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Book SynopsisScientists are becoming progressively more involved in developing methods for increasing agricultural productivity and designing plants with certain qualities. As such, genetic engineering has given plant breeders a means to exercise property rights over different varieties of plants. This has created many implications and given way to much controversy, with most objections being raised against the idea of owning life. With the use of comparative studies, this book discusses the legal, agribusiness and public policy issues that connect intellectual property protection with advancements in agricultural biotechnology.Table of Contents1: Patented Inventions and Externalities: Hohfeldian Legal Relationships AsThey Apply to Pollen Drift and Other Inadvertent Use 2: Insecure Property Rights and Plant Varieties 3: The Effects on the Market for Seeds and on Farmers in Argentina 4: Rules v. Standards for Patent Law in the Plant Sciences 5: The regulatory regime and its impact on innovation activities in agro-food biotechnology in the EU and USA 6: Agricultural Biotechnology under Trips and Beyond: Addressing Social Policies in a Pro-Patent Environment 7: The Impact of Intellectual Property Rights in the Plant/Seed Industry 8: Constitutional Implications of State Seed Saving Statutes 9: Dynamic Pricing Mechanism to Achieve Pareto Optimality in a Seed Production Contract 10: Access and Equity in Trade Negotiations on Knowledge Resources 11: Public Provision of Knowledge for Policy Research: The Agricultural Biotechnology Intellectual Property Database 12: An Economic Comparison of the Incentive to Innovate under Patents and Plant Breeders’ Rights 13: The Political Economy of Intellectual Property: 14: Re-Examining European Policy on Plant Biotechnology 15: Legal Constraint of Genetic Use Restriction Technologies 16: The Strength and Structure of Intellectual Bio-Property Markets 17: Network Analysis for Interpreting Patent Date: A Preliminary, Visual Approach 18: Reality and Problems of Plant Protection under Patent Law and Seed and Seeding Law in Japan 19: Running Head: Plant Variety Protection in the Republic of Korea 20: To Sow or Not to Sow:Dilemmas in Creating New Rights in Food

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Book SynopsisIntellectual Property Rights (IPRs) play an important role in the struggle for food security and encouraging agricultural research and development. This book examines these roles as well as the international relationship between IPRs, agricultural biotechnology, access to biological resources, food security and globalisation, paying particular attention to proposals for the protection of Farmers' Rights, traditional knowledge, GM crops and the impact of competition laws. It proposes a number of recommendations for action in deploying IPRs in order to reach greater food security globally.Table of Contents1: Intellectual Property and Food Security - Policy Issues 2: Intellectual Property and Agriculture 3: International Intellectual Property Landscape 4: Plant Variety Protection and Food Security 5: Genetic Resources for Food and Agriculture 6: Traditional Agricultural Knowledge and Farmers Rights 7: Intellectual Property Aspects of GMOs and Food Security 8: Geographical Indications and Food Security 9: Competition Aspects 10: Intellectual Property and Agricultural Research 11: Recommendations

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Book SynopsisIt is widely recognised that many copyright issues are also economic issues. As a result the level of interest in the economics of copyright continues to grow. This carefully edited book presents a selection of the most important recent contributions to a wide range of economic topics on copyright. These include the copyright term, infringement issues, administration of copyright, incentives to artists and open source. There is relevance here for a wide readership, from teachers and students of economics, law, cultural and media studies to practitioners and policymakers.Trade Review‘. . . a refreshingly up-to-date collection of materials, focusing on the economics of even such recent phenomena as open source, as well as on some of the more well-trodden paths such as copyright term and infringement.’ -- IPKat.comTable of ContentsContents: Acknowledgements General Introduction Ruth Towse and Richard Watt PART I ECONOMIC ASPECTS OF THE COPYRIGHT TERM Introduction to Part I Ruth Towse and Richard Watt 1. George A. Akerlof, Kenneth J. Arrow, Timothy F. Bresnahan, James M. Buchanan, Ronald H. Coase, Linda R. Cohen, Milton Friedman, Jerry R. Green, Robert W. Hahn, Thomas W. Hazlett, C. Scott Hemphill, Robert E. Litan, Roger G. Noll, Richard Schmalensee, Steven Shavell, Hal R. Varian, and Richard J. Zeckhauser (2002), ‘Brief as Amici Curiae in Support of Petitioners’ 2. Stan J. Liebowitz and Stephen Margolis (2005), ‘Seventeen Famous Economists Weigh in on Copyright: The Role of Theory, Empirics and Network Effects’ 3. William M. Landes and Richard A. Posner (2003), ‘Indefinitely Renewable Copyright’ PART II ECONOMICS OF COPYING AND COPYRIGHT INFRINGEMENT Introduction to Part II Ruth Towse and Richard Watt 4. Justin P. Johnson and Michael Waldman (2005), ‘The Limits of Indirect Appropriability in Markets for Copiable Goods’ 5. Martin Peitz and Patrick Waelbroeck (2006), ‘Piracy of Digital Products: A Critical Review of the Theoretical Literature’ 6. Ivan P.L. Png (2006), ‘Copyright: A Plea for Empirical Research’ 7. Michele Boldrin and David Levine (2002), ‘The Case Against Intellectual Property’ PART III ISSUES IN COPYRIGHT ADMINISTRATION Introduction to Part III Ruth Towse and Richard Watt 8. William J. Baumol (2004), ‘The Socially Desirable Size of Copyright Fees’ 9. Arthur Snow and Richard Watt (2005), ‘Risk Sharing and the Distribution of Copyright Collective Income’ 10. Fabrice Rochelandet (2003), ‘Are Copyright Collecting Societies Efficient Organisations? An Evaluation of Collective Administration of Copyright in Europe’ PART IV COPYRIGHT AND INCENTIVES TO ARTISTS Introduction to Part IV Ruth Towse and Richard Watt 11. Amit Gayer and Oz Shy (2006), ‘Publishers, Artists and Copyright Enforcement’ 12. Ruth Towse (2006) ‘Copyright and Artists: A View From Cultural Economics’ PART V COPYRIGHT AND OPEN SOURCE Introduction to Part V Ruth Towse and Richard Watt 13. Josh Lerner and Jean Tirole (2005), ‘The Economics of Technology Sharing: Open Source and Beyond’ 14. Justin Pappas Johnson (2002), ‘Open Source Software: Private Provision of a Public Good’ Name Index

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Book SynopsisIn an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use.This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.Contributors include: E. Barham, D. Barjolle, L. Bérard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martín, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. ZhengTrade Review‘This handbook is intended for all those readers with an interest in GIs across a range of disciplinary backgrounds. Students, academics, policy makers and practitioners we think will find the work to be an invaluable resource and we are all, as usual, most grateful to Edward Elgar Publishing for the high standard and services they continue to offer us. Thank you very much, Elgar, for these specialist library titles and to Dev Gangjee and his team for this contribution to the IP library.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction: Timeless Signs or Signs of the Times? Dev S. Gangjee PART I HISTORY AND CONCEPTS 2. French Collective Wine Branding in the Nineteenth-Twentieth Centuries Alessandro Stanziani 3. ‘Translating Terroir’ Revisited: The Global Challenge of French AOC Labeling Elizabeth Barham 4. Terroir and the Sense of Place Laurence Bérard PART II INTERNATIONAL PROTECTION 5. Geographical Indications under WIPO-Administered Treaties Matthijs Geuze 6. Geographical Indications under TRIPS Daniel Gervais 7. Rethinking GI Extension Michael Handler 8. International Protection of Geographical Indications: The WTO Multilateral Register Negotiations José Manuel Cortés Martín 9. Thinking Locally, Acting Globally: How Trade Negotiations over Geographical Indications Improvise ‘Fair Trade’ Rules Antony Taubman PART III DOMESTIC PROTECTION MODELS 10. A History of Australia’s Wine Geographical Indications Legislation Stephen Stern 11. A Comparative Analysis of GIs for Handicrafts: The Link to Origin in Culture as Well as Nature? Delphine Marie-Vivien 12. Geographical Indications Protection in China Haiyan Zheng PART IV CRITICAL ISSUES 13. Learning to Love my PET – The Long Road to Resolving Conflicts between Trade Marks and Geographical Indications Burkhart Goebel and Manuela Groeschl 14. The Budweiser Cases: Geographical Indications v. Trade Marks Christopher Heath 15. Geographical Indications and Protected Designations of Origin: Intellectual Property Tools for Rural Development Objectives Dominique Barjolle 16. Social Gains from the GI for Feni: Will Market Size or Concentration Dominate Outcomes? Dwijen Rangnekar and Pranab Mukhopadhyay 17. From Terroir to Pangkarra: Geographical indications of Origin and Indigenous Knowledge Brad Sherman and Leanne Wiseman 18. Genericide: The Death of a Geographical Indication? Dev S. Gangjee Index

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Book SynopsisRichard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.Trade Review'The book is well provided with detailed references/bibliography for those who want to pursue the matter. . . The authors have effected a very thorough analysis of the moral issues and the book is strongly recommended for that reason. . .' -- Brian Spear, World Patent Information'This book should change the contours of the intellectual property debate. Spinello and Bottis fully appreciate what the standard instrumentalist accounts of intellectual property cannot even acknowledge - that the lives and liberty of creators and artists are not the common property of society, and that it is intrinsically wrong to treat the efforts and projects of individuals as if they were unowned resources reaped as the fruit of the earth. Their work should help to reorient discussion of IP from an excessive concern with the economic and social consequences of competing policies back to the bedrock issues of basic respect for the integrity of our various particular lives and the labor that constitutes those lives. At the same time, they studiously avoid the unserious extremism that characterizes so much of the debate on every side, recognizing that respecting the lives and liberty of all sets real boundaries on the proper scope and stringency of IP claims, ruling out overzealous enforcement and radical repudiation alike.' -- Richard Volkman, Southern Connecticut State University and Research Center on Computing and Society, US'Since the rise of the Internet the question of intellectual property has been and still is one of the most controversial societal and ethical issues. The new global, interactive and bottom-up medium challenges moral, legal and economic structures not only in the music and film industry but also in the field of knowledge production, storage, distribution and access. The academic debate soon became and is still polarized between critics and defenders of IPR. The book by Richard A. Spinello and Maria Bottis A Defense of Intellectual Property Rights analyses in a critical and comprehensive manner some of the dogmas widely spread by the critics of IPR paying special attention to the differences between EU and European legal regimes. The authors explore the foundations of IP in Lockean philosophy, as a representative of a natural law approach, as well as in the theories of Fichte and Hegel based on deontological arguments. Both perspectives prevail in European law while American property law is widely based on utilitarian arguments. The authors argue in favor of Lockean and Hegelian foundations showing their relevance in the present debate as well as calling the attention to the link between these theories and the Catholic social doctrine. The book is an important contribution to this ongoing debate.' -- Rafael Capurro, Stuttgart Media University, GermanyTable of ContentsContents: Foreword by Dionysia Kallinikou 1. Introduction: Intellectual Property on the Line 2. An Intellectual and Political History of Intellectual Property Rights 3. The US and European Legal Regimes: A Critical Overview 4. Protesting Intellectual Property Rights 5. Foundations of Intellectual Property Rights 6. Defending Intellectual Property Rights 7. Epilogue Appendix Index

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Book SynopsisThe inclusion of software and algorithms in the scope of patents by the US Patent and Trademark Office has propelled an ongoing debate on the contribution of patents to innovation and economic growth. This book examines the effects of Intellectual Property Rights (IPRs), namely patents and copyrights, on innovation and technical change in information technologies. It provides new insights on the links between markets, technologies and legislation by applying a variety of empirical and analytical methods. The book also explores the success of the Open Source movement to establish an alternative regime for IPRs by illuminating the rationale behind it and illustrating how Open Source can strategically be used by firms.Initially the book analyzes the role of IPRs by building upon the literature on the economics of innovation and technical change and on insights from evolutionary economics - in particular, the role of knowledge in the economy. It then goes on to analyze the evolution of IPR regimes and IPR policies with regards to IT and software technologies and products and elaborates their impact on innovation. Finally, a series of empirical and analytical models are provided to elaborate the balance between monopoly rights (by patent and copyrights) and knowledge disclosure as an input for innovation and technological development. Elad Harison's book will appeal to researchers and academics of law and economics, policymakers such as the European Commission, Patent offices, EPO, OECD, as well as directors and strategic managers in large software companies.Trade Review'. . . this book represents a helpful reading for understanding the economic concepts and rationales of intellectual property rights of software technologies. It will interest both law and economics academics involved with patents and copyrights of software technologies.' -- Ghufran Sukkaryeh, European Intellectual Property Review'The role of the academic is rarely that of telling the software innovator how to run his business, but he plays a valuable role in explaining how, and why, a new business model has been made to work and how others might subsequently apply and further evolve it. Books like that of Professor Harison can help to do just that.' -- IPKATTable of ContentsContents: 1. Introduction 2. The Economic Rationale of Intellectual Property Rights 3. The Role and Performance of IPRs 4. Revealing Obscure Sources 5. Benefiting from Intellectual Property and Free Disclosure 6. Designed for Innovation: The Structure of IPR Regimes 7. Owning Technology 8. Proposed Framework for Analyzing IPRs 9. Conclusions 10. References Appendix A: Proof of Propositions 5 and 6 Appendix B: Distribution of Patents Index

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Book SynopsisThis insightful and important new book explores the role played by Non Governmental Organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and to postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.Trade Review‘Professor Matthews has deftly and meticulously contributed to our growing grasp of civil society actors and their expanding influence within global legal regimes. This is no minor feat, either for him or the subjects of this book.’ -- Margaret Chon, The IP Law Book Review‘Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat - and the principal contribution - of this book. . . The book marks a major contribution for the empirical material alone.’ -- Ken Shadlen, Journal of Development Studies‘Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs’ relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers’ rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.’ -- Susan K. Sell, George Washington University, US‘One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: 1. The Interface between Intellectual Property, Human Rights and Development 2. Public Health and Access to Medicines 3. Agriculture, Genetic Resources and Traditional Knowledge 4. South Africa 5. Brazil 6. India 7. Emphasizing the Link between Intellectual Property, Human Rights and Development: The Role of NGOs and Social Movements 8. Reappraising Intellectual Property Rights and Development: The Role of NGOs and Social Movements Bibliography Index

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Book SynopsisThis timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners.Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read.Table of ContentsContents: 1 Intellectual property, creativity and innovation in ASEAN 1 Christoph Antons and Michael Blakeney PART I RECENT IP DEVELOPMENTS IN INDIVIDUAL ASEAN COUNTRIES 2 Intellectual property law in Singapore 18 Ng-Loy Wee Loon 3 Intellectual property developments in Malaysia 33 Lim Heng Gee 4 The state of intellectual property protection in the Philippines: What lies ahead? 79 Ferdinand M. Negre and Jonathan Q. Perez 5 Brunei Darussalam: Building an intellectual property system for a knowledge and innovation economy 127 Gabriel Garcia 6 Intellectual property rights in South East Asian least developed countries: The cases of Cambodia, the Lao People’s Democratic Republic, and Myanmar 156 Gabriel Garcia PART II ASEAN INTELLECTUAL PROPERTY DEVELOPMENTS AND THE WIDER REGION 7 Provisions on intellectual property in ASEAN free trade agreements: Issues and implications in policy and implementation 216 Thitapha Wattanapruttipaisan 8 The incremental development of the ASEAN–China strategic partnership for intellectual property 266 Peter K. Yu PART III COMPARATIVE ANALYSIS OF SPECIFIC INTELLECTUAL PROPERTY ISSUES IN ASEAN 9 The battle against digital copyright infringements in ASEAN 296 Hannah Yee-Fen Lim 10 Intellectual property, farmers’ rights and agriculture in the ASEAN countries 317 Christoph Antons and Michael Blakeney 11 Enforcement of IPRs in ASEAN 357 Michael Blakeney 12 Pharmaceutical patent laws in South East Asian countries 377 Christopher Arup Index

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Book SynopsisThis timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment.This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. ZimmermanTrade Review‘Rochelle Dreyfuss and Kathy Strandburg have assembled a star-studded cast of contributors for this new and welcome volume. Good academic works about trade secret law have been about as elusive as trade secrets themselves. This volume offers a wonderful contribution to the literature, and will certainly inspire much-needed further research in the area, both in the U.S. and elsewhere.’ -- Mark Janis, Indiana University, US‘Trade secret law is often seen as the “Cinderella” of intellectual property law, at least by scholars. But it is hugely important. This volume shows why. Trade secret law provides a window into so many areas of legal thought, and implicates a wide array of public policies. The editors have brought together a diverse set of challenging contributions, which highlight this breadth. Drawing on theory, history, and doctrine, collectively they comprise one of the most wide-ranging and provocative treatments of the field. The volume not only is essential reading for scholars tackling the role of trade secrets in our economy, but also offers important insights for anyone interested in intellectual property law more generally.’ -- Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsContents: Introduction Rochelle C. Dreyfuss and Katherine J. Strandburg PART I: FOUNDATIONS 1. Trade Secrecy in Willy Wonka’s Chocolate Factory Jeanne C. Fromer 2. The Restatements, the Uniform Act and the Status of American Trade Secret Law Robert Denicola 3. Trade Secrecy, Innovation and the Requirement of Reasonable Secrecy Precautions Robert G. Bone 4. Trade Secrecy and Common Law Confidentiality: The Problem of Multiple Regimes Charles Tait Graves 5. The Surprising Virtues of Treating Trade Secrets as IP Rights Mark A. Lemley 6. Trade Secrets as Intellectual Property Rights: A Disgraceful Upgrading – Notes on an Italian ‘Reform’ Gustavo Ghidini and Valeria Falce 7. Trade Secret Law and Information Development Incentives Michael Risch PART II: SECRECY AND SHARING 8. How Trade Secrecy Law Generates a Natural Semicommons of Innovative Know-how Jerome H. Reichman 9. Open Innovation and the Private-collective Model for Innovation Incentives Eric von Hippel and Georg von Krogh 10. Open Secrets Michael J. Madison 11. Uncorking Trade Secrets: Sparking the Interaction between Trade Secrecy and Open Biotechnology Geertrui Van Overwalle PART III: IMPACT ON OTHER PUBLIC POLICY ARENAS 12. First Amendment Defenses in Trade Secrecy Cases Pamela Samuelson 13. Trade Secrets and the ‘Philosophy’ of Copyright: A Case of Culture Crash Diane Leenheer Zimmerman 14. Trade Secrets and Antitrust Law Harry First 15. The Troubling Consequences of Trade Secret Protection of Search Engine Rankings Frank Pasquale 16. The Impact of Trade Secrecy on Public Transparency David S. Levine 17. Trade Secrets and Information Access in Environmental Law Mary L. Lyndon 18. Data Secrecy in the Age of Regulatory Exclusivity Rebecca S. Eisenberg PART IV: INTERNATIONAL ISSUES 19. Trade Secrets and Traditional Knowledge: Strengthening International Protection of Indigenous Innovation Doris Estelle Long 20. The Limits of Trade Secret Law: Article 39 of the TRIPS Agreement and the Uniform Trade Secrets Act on which it is Based Sharon K. Sandeen 21. Test Data Protection: Rights Conferred Under the TRIPS Agreement and Some Effects of TRIPS-plus Standards Carlos M. Correa Index

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Book SynopsisThis comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume –- Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.Trade Review‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’ -- Peter Drahos, RegNet, The Australian National University, Canberra‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’ -- = Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: Preface Carlos M. Correa HISTORY, INTERPRETATION AND PRINCIPLES 1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS Charles Clift 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations Carolyn Deere-Birkbeck 3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems Denis Borges Barbosa 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement Graeme B. Dinwoodie and Rochelle C. Dreyfuss 5. The Objectives and Principles of the TRIPS Agreement Peter K. Yu 6. Mainstreaming the TRIPS and Human Rights Interactions Xavier Seuba 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion Luis Mariano Genovesi 8. Intellectual Property Rights and Competition Policy Beatriz Conde Gallego 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards Pedro Roffe, Christoph Spennemann and Johanna von Braun SUBSTANTIVE RIGHTS 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement P. Bernt Hugenholtz 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties Ruth L. Okediji 12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty Owen Morgan 13. Marks for Goods or Services (Trademarks) Annette Kur 14. Unresolved Issues on Geographical Indications in the WTO Kasturi Das 15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications Dwijen Rangnekar 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries Graham Dutfield, Lois Muraguri and Florian Leverve 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options Jerome H. Reichman 18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity S.K. Verma 19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis Kevin Outterson 20. The Protection of Semiconductor Chip Products in TRIPS Thomas Hoeren 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements Carlos M. Correa Index

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Book SynopsisThe law and economics of intellectual property is attracting increased attention as technological innovation continues to have a major impact on economic growth. This authoritative two-volume set brings together the most significant scholarship on intellectual property. It provides comprehensive coverage, with a mix of theory, empirics and institutional details. The emphasis is on more recent writings, although it also includes some early work that continues to provide the platform for contemporary scholarship.This book will be an essential source of reference for both academics, students and practitioners concerned with this exciting new field of research.Trade Review‘Research on intellectual property is a classic topic that, if anything, is even more relevant today because of improvements and diffusion of copying technologies. Margolis and Newmark have done an excellent job of covering the main papers and controversies in this literature, including classic papers by authors such as Barzel, Demsetz, and Posner and more recent important authors such as Lerner and Liebowitz. The volume is an essential resource for anyone interested in understanding the many insights found in the literature on this important and timely topic.’ -- Michael Waldman, Cornell University, USTable of ContentsContents: Volume I Acknowledgements Introduction Stephen E. Margolis and Craig M. Newmark PART I INTELLECTUAL PROPERTY 1. Roger D. Blair and Thomas F. Cotter (2005), ‘The Law and Economics of IPRs’ 2. Richard A. Posner (2002), ‘The Law and Economics of Intellectual Property’ 3. Harold Demsetz (1964), ‘The Exchange and Enforcement of Property Rights’ 4. Harold Demsetz (1970), ‘The Private Production of Public Goods’ 5. Edmund W. Kitch (2000), ‘Elementary and Persistent Errors in the Economic Analysis of Intellectual Property’ 6. Mark A. Lemley (2005), ‘Property, Intellectual Property, and Free Riding’ 7. John F. Duffy (2005), ‘Intellectual Property Isolationism and the Average Cost Thesis’ 8. Mark A. Lemley (2005), ‘What’s Different About Intellectual Property? Reply’ 9. Peter S. Menell (2007), ‘Intellectual Property and the Property Rights Movement’ 10. Richard A. Epstein (2008), ‘The Property Rights Movement and Intellectual Property’ 11. Peter S. Menell (2008), ‘Intellectual Property and the Law of the Land’ 12. Richard A. Epstein (2008), ‘A Final Response to Menell’ 13. R. Polk Wagner (2003), ‘Information Wants to Be Free: Intellectual Property and the Mythologies of Control’ 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 15. Robert P. Merges (2000), ‘One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000’ PART II COPYRIGHT 16. William M. Landes and Richard A. Posner (1989), ‘An Economic Analysis of Copyright Law’ 17. Wendy J. Gordon (1982), ‘Fair Use as Market Failure: A Structural and Economic Analysis of the “Betamax” Case and Its Predecessors’ 18. S.J. Liebowitz (1985), ‘Copying and Indirect Appropriability: Photocopying of Journals’ 19. Stan J. Liebowitz (2006), ‘File Sharing: Creative Destruction or Just Plain Destruction?’ 20. Richard A. Epstein (1992), ‘International News Service v. Associated Press: Custom and Law as Sources of Property Rights in News’ 21. Stanley M. Besen, Shelia N. Kirby and Steven C. Salop (1992), ‘An Economic Analysis of Copyright Collectives’ Name Index Volume II PART I PATENTS 1. Yoram Barzel (1968), ‘Optimal Timings of Innovations’ 2. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 3. Donald G. McFetridge and Douglas A. Smith (1980), ‘Patents, Prospects, and Economic Surplus: A Comment’ 4. Mark F. Grady and Jay I. Alexander (1992), ‘Patent Law and Rent Dissipation’ 5. John F. Duffy (2004), ‘Rethinking the Prospect Theory of Patents’ 6. F. Scott Kieff (2001), ‘Property Rights and Property Rules for Commercializing Inventions’ 7. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anticommons in Biomedical Research’ 8. F. Scott Kieff, (2007) ‘On Coordinating Transactions in Intellectual Property: A Response to Smith’s Delineating Entitlements in Information’ 9. George Bittlingmayer (1988), ‘Property Rights, Progress, and the Aircraft Patent Agreement 10. Bronwyn H. Hall and Rosemarie Ham Ziedonis (2001), ‘The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979–1995’ 11. Joshua Lerner (1994), ‘The Importance of Patent Scope: An Empirical Analysis’ PART II TRADE SECRECY AND PROPRIETARY INFORMATION 12. David D. Friedman, William M. Landes and Richard A. Posner (1991), ‘Some Economics of Trade Secret Law’ 13. Edmund W. Kitch (1980), ‘The Law and Economics of Rights in Valuable Information’ 14. Chris Montville (2007), ‘Reforming the Law of Proprietary Information’ PART III TRADEMARK 15. William M. Landes and Richard A. Posner (1987), ‘Trademark Law: An Economic Perspective’ 16. Alex Kozinski (1993), ‘Trademarks Unplugged’ 17. Mark A. Lemley (1999), ‘The Modern Lanham Act and the Death of Common Sense’ 18. Benjamin Klein and Keith B. Leffler (1981), ‘The Role of Market Forces in Assuring Contractual Performance’ 19. I.P.L. Png and David Reitman (1995), ‘Why Are Some Products Branded and Others Not?’ Name Index

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Book SynopsisIn the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples' values and provide for the sustainability of TCE.This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.Trade Review'This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again.' -- Jamil Ammar, European Intellectual Property Review'Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field.' -- Rosemary J. Coombe, York University, Canada'The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection.Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication.' -- Michael F. Brown, Williams College, US and author of Who Owns Native Culture?Table of ContentsContents: Preface PART I: LOCAL TRADITIONS AND GLOBAL LAW 1. Lost in Tradition? Reconsidering the History of Folklore and its Legal Protection Since 1800 Monika Dommann 2. Cannibalizing Epistemes: Will Modern Law Protect Traditional Cultural Expressions? Gunther Teubner and Andreas Fischer-Lescano PART II: INTELLECTUAL PROPERTY AND HUMAN RIGHTS 3. The Disneyland of Cultural Rights to Intellectual Property: Anthropological and Philosophical Perspectives Elizabeth Burns Coleman 4. Human Rights, Cultural Property and Intellectual Property: Three Concepts in Search of a Relationship Fiona Macmillan 5. Using Human Rights to Tackle Fragmentation in the Field of Traditional Cultural Expressions: An Institutional Approach Christoph Beat Graber PART III: INTELLECTUAL PROPERTY LAW AND POLICY 6. Legal Protection of Traditional Cultural Expressions: A Policy Perspective Martin A. Girsberger 7. ‘It’s a Small World (After All)’: Some Reflections on Intellectual Property and Traditional Cultural Expressions Wend B. Wendland 8. The Lay of the Land: The Geography of Traditional Cultural Expression Johanna Gibson PART IV: NEW TECHNOLOGIES AND DEVELOPMENT 9. The Long Tail of the Rainbow Serpent: New Technologies and the Protection and Promotion of Traditional Cultural Expressions Mira Burri-Nenova 10. New Information and Communication Technologies, Traditional Cultural Expressions and Intellectual Property Lawmaking − A Polemic Comment Herbert Burkert 11. Commercializing Cultural Heritage? Criteria for a Balanced Instrumentalization of Traditional Cultural Expressions for Development in a Globalized Digital Environment Miriam Sahlfeld 12. Traditional Cultural Expressions and their Significance for Development in a Digital Environment: Examples from Australia and Southeast Asia Christoph Antons ANNEX: Excerpts from Documents of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Index

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Book SynopsisThis book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court's decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules.With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.Trade Review'An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike.' -- Petros C. Mavroidis, Columbia Law School, US, University of Neuchatel, Switzerland and CEPR, UKTable of ContentsContents: Introduction 1. The Roots of the Transatlantic Clashes 2. Striking the Balance between Antitrust and IP 3. (Mis)use of Regulatory Procedures and IP 4. Trade Secrets and Antitrust: An Example of the Conflicting US and EU Approaches Index

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Book SynopsisThis authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective.The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional ‘all-exclusionary’ vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders’ positions with citizens’ and users’ rights.This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.Trade Review‘This book provides for a delightful reading for anyone involved in the field of IP law, either as a working professional or as an academic since it provides truly valuable food for thought in its innovative way of thinking. Thus the book, like the distinguished author, is a game changer, but it is on all of us to play the game.’ -- Andrej Fatur, World Competition‘Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading.’ -- Hanns Ullrich, College of Europe, Bruges, Belgium‘We in the United States have much to learn not only from Gustavo Ghidini’s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law.’ -- Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in AmericaTable of ContentsContents: Preface by Giuliano Amato 1. Introduction: The Basic Paradigms and Constitutional Framework of Intellectual Property Law 2. Patent Protection of Innovations: A Monopoly with Pro-Competitive Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Aspects and Critique of the European Reform 5. Intellectual Property and Regulation(s) of Competition Appendix – On TRIPs and Developing Countries: ‘Don’t Do Unto Others...’ Index

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Book SynopsisChristopher May - a leading authority in the field - has selected material that provides important insights on the global governance of intellectual property. His collection ranges across a number of disciplines and political perspectives to establish that the political economic analysis of intellectual property is both multifaceted and contested. Professor May has also provided an introduction that will serve as an authoritative and comprehensive guide to the main issues under discussion. This three-volume set will be an invaluable reference source both for those seeking an in-depth understanding of the main issues in this important field and for established scholars wishing to develop their analysis in new directions.Trade Review‘It meets its stated purposes of stimulating further reflections on the core debates very effectively, by introducing a broad range of concepts, and providing a road map of the issues that should be sensibly considered. . . a useful tool. . . ’ -- Peter S. Harrison, St. Anthony’s International ReviewTable of ContentsContents: Volume I Acknowledgements Introduction Political Economy and Intellectual Property Rights Christopher May PART I INTELLECTUAL PROPERTY: NARRATIVES, JUSTIFICATIONS, PROBLEMS 1. D.B. Resnik (2003), ‘A Pluralistic Account of Intellectual Property’ 2. Edwin C. Hettinger (1989), ‘Justifying Intellectual Property’ 3. Justin Hughes (1988-89), ‘The Philosophy of Intellectual Property’ 4. Mark A. Lemley (2004), ‘Ex Ante versus Ex Post Justifications for Intellectual Property’ 5. Akalemwa Ngenda (2005), ‘The Nature of the International Intellectual Property System: Universal Norms and Values or Western Chauvinism?’ 6. Sharmishta Barwa and Shirin M. Rai (2002), ‘The Political Economy of Intellectual Property Rights: A Gender Perspective’ 7. Liam Séamus O'Melinn (2007), ‘Software and Shovels: How the Intellectual Property Revolution is Undermining Traditional Concepts of Property’ PART II HISTORIES OF INTELLECTUAL PROPERTY 8. Christopher May (2007), ‘The Hypocrisy of Forgetfulness: The Contemporary Significance of Early Innovations in Intellectual Property’ 9. Susan Sell (2004), ‘Intellectual Property and Public Policy in Historical Perspective: Contestation and Settlement’ 10. Peter K. Yu (2006), ‘Of Monks, Medieval Scribes and Middlemen’ 11. Robert P. Merges (2000), ‘One Hundred Years of Solicitude: Intellectual Property Law 1900–2000’ 12. Graham Dutfield and Uma Suthersanen (2005), ‘Harmonisation or Differentiation in Intellectual Property Protection? The Lessons of History’ PART III ENCLOSURE AND THE INFORMATION COMMONS 13. Harlan J. Onsrud (1998), ‘Tragedy of the Information Commons’ 14. James Boyle (2003), ‘The Second Enclosure Movement and the Construction of the Public Domain’ 15. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anticommons in Biomedical Research’ 16. Daniel J. Kevles (1998), ‘Diamond v. Chakrabarty and Beyond: The Political Economy of Patenting Life’ 17. C. Ford Runge and Edi DeFrancesco (2006), ‘Exclusion, Inclusion, and Enclosure: Historical Commons and Modern Intellectual Property’ 18. Anthony McCann (2005), ‘Enclosure Without and Within the “Information Commons”’ PART IV INTELLECTUAL PROPERTY AND ECONOMICS 19. Antoon A. Quaedvlieg (1992), ‘The Economic Analysis of Intellectual Property Law’ 20. James Boyle (2000), ‘Cruel, Mean, or Lavish? Economic Analysis, Price Discrimination and Digital Intellectual Property’ 21. Keith E. Maskus and Mohan Penubarti (1995), ‘How Trade-Related are Intellectual Property Rights?’ 22. Edmund W. Kitch (2000), ‘Elementary and Persistent Errors in the Economic Analysis of Intellectual Property’ Volume II Acknowledgements An introduction by the editor to all three volumes appears in Volume I PART I THE WORLD TRADE ORGANISATION AND THE TRIPS AGREEMENT 1. Peter Drahos (1995), ‘Global Property Rights in Information: The Story of TRIPS at the GATT’ 2. Graeme B. Dinwoodie and Rochelle C. Dreyfuss (2004), ‘TRIPS and the Dynamics of Intellectual Property Lawmaking’ 3. Laurence R. Helfer (2004), ‘Regime Shifting: The TRIPs Agreement and New Dynamics of International Intellectual Property Lawmaking’ 4. Rajan Dhanjee and Laurence Boisson de Chazournes (1993), ‘Trade Related Aspects of Intellectual Property Rights (TRIPS): Objectives, Approaches and Basic Principles of the GATT and of Intellectual Property Conventions’ 5. Keith E. Maskus (2002), ‘Regulatory Standards in the WTO: Comparing Intellectual Property Rights with Competiton Policy, Environmental Protection, and Core Labor Standards’ 6. Daya Shanker (2003), ‘Legitimacy and the TRIPS Agreement’ 7. Ruth L. Okediji (2003), ‘Public Welfare and the Role of the WTO: Reconsidering the TRIPs Agreement’ 8. A. Samuel Oddi (1996), ‘TRIPS – Natural Rights and a “Polite Form of Economic Imperialism”’ PART II TRIPS, AIDS AND ACCESS TO AFFORDABLE MEDICINES 9. Anna Lanoszka (2003), ‘The Global Politics of Intellectual Property Rights and Pharmaceutical Drug Policies in Developing Countries’ 10. Robert L. Ostergard, Jr. (1999), ‘The Political Economy of the South Africa-United States Patent Dispute’ 11. Frederick M. Abbott (2002), ‘The TRIPS Agreement, Access to Medicines, and the WTO Doha Ministerial Conference’ 12. David Vaver and Shamnad Basheer (2006), ‘Popping Patented Pills: Europe and a Decade's Dose of TRIPs’ 13. Duncan Matthews (2005), ‘TRIPs Flexibilities and Access to Medicines in Developing Countries: The Problem with Technical Assistance and Free Trade Agreements’ 14. Kenneth C. Shadlen (2007), ‘The Political Economy of AIDS Treatment: Intellectual Property and the Transformation of Generic Supply’ PART III PECULIARITIES OF COPYRIGHT 15. Brendan Scott (2001), ‘Copyright in a Frictionless World: Towards a Rhetoric of Responsibility’ 16. Timothy J. Brennan (1993), ‘Copyright, Property, and the Right to Deny’ 17. Wendy J. Gordon (2004), ‘Do We Have a Right to Speak with Another's Language? Eldred and the Duration of Copyright’ 18. Joseph P. Liu (2003), ‘Copyright Law's Theory of the Consumer’ 19. Jessica Litman (1991), ‘Copyright as Myth’ Volume III Acknowledgements An introduction by the editor to all three volumes appears in Volume I PART I TECHNOLOGY AND INTELLECTUAL PROPERTY 1. Kenneth C. Shadlen, Andrew Schrank and Marcus J. Kurtz (2005), ‘The Political Economy of Intellectual Property Protection: The Case of Software’ 2. Nicola Lucchi (2005), ‘Intellectual Property Rights in Digital Media: A Comparative Analysis of Legal Protection, Technological Measures and New Business Models Under EU and US Law’ 3. Robert Hunter Wade (2002), ‘Bridging the Digital Divide: New Route to Development or New Form of Dependency?’ 4. Paul A. David (1993), ‘Knowledge, Property and the System Dynamics of Technological Change’ 5. Simon Avenell and Herb Thompson (1994), ‘Commodity Relations and the Forces of Production: The Theft and Defence of Intellectual Property’ PART II THE RIGHT TO DEVELOP? DEVELOPING COUNTRIES VS. INTELLECTUAL PROPERTY 6. Nagesh Kumar (2003), ‘Intellectual Property Rights, Technology and Economic Development: Experiences of Asian Countries’ 7. Peter Drahos (1997), ‘Thinking Strategically About Intellectual Property Rights’ 8. Ruth L. Gana (1996), ‘The Myth of Development, The Progress of Rights: Human Rights to Intellectual Property and Development’ 9. Hans Morten Haugen (2007), ‘Patent Rights and Human Rights: Exploring their Relationships’ 10. Paul Steidlmeier (1993), ‘The Moral Legitimacy of Intellectual Property Claims: American Business and Developing Country Perspectives’ 11. Andréa Koury Menescal (2005), ‘Changing WIPO's Ways? The 2004 Development Agenda in Historical Perspective’ PART III NORMATIVE (RE)PRODUCTION: SOCIALISATION, LOBBYING AND TECHNICAL ASSISTANCE 12. Kurt Burch (1995), ‘Intellectual Property Rights and the Culture of Global Liberalism’ 13. Susan K. Sell (1995), ‘The Origins of a Trade-Based Approach to Intellectual Property Protection: The Role of Industry Associations’ 14. Peter Drahos and John Braithwaite (2002), ‘Intellectual Property, Corporate Strategy, Globalisation: TRIPS in Context’ 15. Paul Steidlmeier and Cecilia Falbe (1994), ‘International Disputes Over Intellectual Property’ 16. Christopher May (2004), ‘Capacity Building and the (Re)Production of Intellectual Property Rights’ 17. Duncan Matthews and Viviana Munoz-Tellez (2006), ‘Bilateral Technical Assistance and TRIPS: The United States, Japan and the European Communities in Comparative Perspective’ 18. Debora J. Halbert (2007), ‘The World Intellectual Property Organization: Past, Present and Future’ PART IV INTELLECTUAL PROPERTY: CRITIQUE OR ABOLITION? 19. James Boyle (1997), ‘A Politics of Intellectual Property: Environmentalism for the Net?’ 20. John Frow (1996), ‘Information as Gift and Commodity’ 21. Sol Picciotto and David Campbell (2004), ‘Whose Molecule is it Anyway? Private and Social Perspectives on Intellectual Property’ 22. Brian Martin (1995), ‘Against Intellectual Property’ 23. Graham Dutfield (2007), ‘A Rights-free World – Is it Workable, and What is the Point?’ Index

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