Intellectual property law Books

Book SynopsisThis important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management.Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.Trade Review‘This book provides interesting food for thought as to the extent regulation is required and whether education might be an equally powerful tool in some circumstances. While protection of cultural heritage is understandably steeped in history, the book contemplates many modern issues such as digitisation of works of cultural heritage and the implications of 3D printing. This is a well-thought-out and thought-provoking text that is likely to be of interest to a wide range of individuals, not just IP lawyers.’ -- Charlotte Duly, Marques‘In this Research Handbook on Intellectual Property and Cultural Heritage, Irini Stamatoudi puts together a tremendous group of high-level scholars to explore from various angles the complex but fascinating relationship between intellectual property and cultural heritage. The result is an extremely rich and inspiring set of contributions covering various aspects of the protection of cultural heritage by different IP rights, the politics and policies behind it, as well as the specific challenges and issues faced by cultural institutions in this process.’ -- Christophe Geiger, University of Strasbourg, France‘An invaluable collection of essays which explores the multiple ways the law may help build a bridge between our shared past and our futures, digital or otherwise.’ -- Marco Ricolfi, University of Turin and NEXA Center for Internet and Society, ItalyTable of ContentsContents: Introduction to the Research Handbook on Intellectual Property and Cultural Heritage: Overview of the issues 1 Irini Stamatoudi PART I IP PROTECTION FOR CULTURAL HERITAGE SECTION I.A GENERAL 1 The notions of intellectual property and cultural heritage: Overlaps and clashes 8 Irini Stamatoudi 2 The protection of cultural heritage by copyright and related rights 37 Paul Torremans 3 The protection of cultural heritage by trademarks 55 Mira Burri 4 Cultural heritage and patent law: Alternatives for the protection of traditional knowledge and genetic resources 72 Pedro Henrique D. Batista 5 The protection of cultural heritage by designs 93 Bernd Justin Jütte and Alina Trapova 6 The protection of intangible cultural assets by trade secrets and unfair competition law 112 Neethu Rajam and Jens Schovsbo PART II IP PROTECTION FOR CULTURAL HERITAGE SECTION I.B SPECIAL ISSUES 7 Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting 132 Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls 8 Re-evaluating the art practice of ‘appropriation’ from a copyright law perspective 154 Marina Markellou 9 Preservation and heritagisation of street art and graffiti 170 Enrico Bonadio 10 Copyright issues on the use of images on the Internet 191 Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas 11 Linking, framing, and browsing digital or digitised works of art 214 Irini Stamatoudi and Zoi Mavroskoti 12 The protection of traditional cultural expressions by geographical indications 236 Michael Blakeney 13 Copyright ownership challenge arising from AI-generated works of art: A time to stand and stare 250 Theodoros Chiou PART III POLITICS AND POLICIES ASSOCIATED WITH PROTECTING CULTURAL HERITAGE BY IPRS 14 States’ discretion to classify IP subject matter as national cultural treasures 274 Maria-Daphne Papadopoulou and Maria G. Sinanidou 15 Intellectual property, cultural heritage, and human rights 294 Peter K. Yu 16 ‘Best practices’ to protect indigenous knowledge? 311 Jessica C. Lai 17 Intangible cultural heritage, intellectual property and the public domain 326 Charlotte Waelde 18 Bridging intellectual property and cultural heritage law in the practice of international governmental organisations 339 Andrzej Jakubowski and Hanna Schreiber PART IV SPECIAL ISSUES FOR CULTURAL INSTITUTIONS 19 The artist’s resale right 358 Simon Stokes 20 Digitization of cultural heritage under EU copyright: Digitizing the past to enable access and innovation for the future 374 Stavroula Karapapa 21 Intellectual property and cultural heritage issues for museums of archaeological materials 391 Pınar Oruç and Uma Suthersanen 22 Management issues for cultural heritage institutions 412 Konstantinos Roussos and Irini Stamatoudi 23 IP management for cultural heritage institutions 438 Rina Elster Pantalony 24 Cultural heritage, galleries and auction houses 454 Leila A. Amineddoleh 25 IP issues relating to cultural heritage platforms and new business models 479 Julia Wildgans 26 Born digital: Law, policy, and the preservation of videogames as digital cultural heritage 501 Benjamin Farrand 27 Private international law and cultural property and art disputes 516 Marc Weber 28 ADR, cultural heritage and intellectual property: A continuum of dispute resolution processes 542 Debbie De Girolamo 29 Intellectual property implications of 3D printing of cultural heritage 563 Charles Cronin Conclusion to the Research Handbook on Intellectual Property of Cultural Heritage: Important highlights 577 Irini Stamatoudi Index

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

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Book SynopsisThis incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity.Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.Trade Review‘Intellectual Property as a Complex Adaptive System will serve as a useful source for seasoned researchers and practitioners alike, who are interested in an interdisciplinary approach to IP.’ -- Anastasiia Kyrylenko, The IPKat‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’ -- Robert Brauneis, The George Washington University Law School, US‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’ -- Marketa Trimble, University of Nevada, Las Vegas, USTable of ContentsContents: Introduction to Intellectual Property as a Complex Adaptive System xv Anselm Kamperman Sanders and Anke Moerland PART I PATENTS AND INNOVATION 1 Intellectual property as a complex adaptive system 2 Anselm Kamperman Sanders and Anke Moerland 2 Intellectual property rights structures as complex and emergent phenomena 18 David A. Harper 3 How to protect technology: enforcement of patents in Europe today and in the future 43 Christof Augenstein 4 SEP licensing in the Internet of Things: is there a case for a duty to license upstream implementers? 60 Beatriz Conde Gallego 5 Patent quantity concerns under competition law 82 Marco D’Ostuni 6 The machine having ordinary skill in the art 102 Ryan Abbott PART II MARKETS, COLLECTIVE MANAGEMENT AND CREATIVITY 7 Sui generis , bureaucratic and based on origin: a snapshot of the nature of EU Geographical Indications 130 Andrea Zappalaglio 8 The role of market-driven and legislative solutions to online music licensing in Europe 151 Guiseppe Mazziotti PART III INSTITUTIONS AND JUSTICE 9 Investor-state dispute settlement as a constraint on intellectual property lawmaking 178 Rochelle Cooper Dreyfuss Index

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Book SynopsisIntegral to the commercial law field, Intellectual Property (IP) knowledge is central to culture, innovation, and enterprise. Looking forward to the new academic norm, Teaching Intellectual Property Law: Strategy and Management uses experience as well as interactive, practice-based methods for teaching IP to examine the various ways through which to move on from ‘chalk and talk’ methods.Crucial to science, technology, art, fashion and creative industries as well as to business creation and management, it is unsurprising that IP surfaces in curricula within and beyond the law school. Providing multiple examples, exercises and teaching tips to identify the transferable aspects of IP teaching, this book provides educators with new approaches to tailor content delivery to their students. Focused on the profile of the contemporary learner, it invites educators to adopt new approaches to impart knowledge that will empower IP students of all disciplines, at all levels.Teaching Intellectual Property Law: Strategy and Management will be a useful resource for higher education law academics offering Intellectual Property education modules in law schools, to facilitate contemporary approaches to traditional law school content. It will also be of value to tertiary educators inspired, or instructed, to include IP education in their programmes as well as enterprise and entrepreneurship educators and trainers, to further IP relevance to enterprise and entrepreneurship.Trade Review'This timely collection of stimulating essays does more than fill a gap in the literature; it fills an aching void in the imagination of far too many intellectual property teachers. Teaching Intellectual Property Law: Strategy and Management invites a challenge to traditional IP pedagogy that should be hard to resist.' -- Professor Jeremy Phillips, founder of #IPKat‘This is an excellent tome that is a delight to read and absorb. The work contains top-quality contributions from established scholars and research. The book invites us to consider how we can adopt a multidisciplinary approach when conveying Intellectual property law to a varied audience. The work offers excellent insights on the “modern student” who is used to having everything a click away. How do we intellectual property aficionados enthuse such listeners? Dip in this book to discover how to incorporate learning outcomes or combat modern technology-based challenges (such as Chat GPT ). The various chapters offer thoughtful and clear guidelines as to how we engage with students from diverse disciplinary backgrounds, using a plethora of approaches from drum kits to card games to empirical research. It is an essential reading for both experienced practitioners and scholars, but especially vital for early career researchers and teachers.’ -- Uma Suthersanen, Queen Mary University of London, UKTable of ContentsContents: PART I INTRODUCTION TO TEACHING INTELLECTUAL PROPERTY LAW, STRATEGY AND MANAGEMENT Introduction 2 Sabine Jacques and Ruth Soetendorp PART II STRENGTHENING STUDENT ENGAGEMENT 1 Overcoming resistance to law on non-law modules 29 Ruth Soetendorp 2 Developing twenty-first century skills for creativity and innovation: the case of the entrepreneurial educator in raising learner awareness of intellectual property 46 Kathryn Penaluna and Andrew Penaluna 3 Teaching IP to science students, especially in the degree of biotechnology 60 Mercedes Curto Polo 4 Teaching copyright with musical instruments: using the drum kit to deepen learning 70 Nick Scharf 5 Alternance in synchronous e-teaching with large groups 84 Laurent Manderieux and Gabriele Gagliani PART III DEVELOPING A MULTI-DISCIPLINARY APPROACH 6 To boldly go: empirical research in intellectual property rights teaching 98 Smita Kheria 7 Interdisciplinary teaching through a combination of methods: IP licensing for non-law students 117 Rumyana Brestnichka, Fanny Koleva and Miglena Molhova-Vladova 8 Arts in IP law programmes: employing arts study, practice and pedagogy in law programmes – when students become creators 128 Andrea Wallace 9 IP education: an ethics and sustainability perspective 146 Helen Gubby 10 Integrating sustainable development awareness in intellectual property law education 154 Janice Denoncourt PART IV ACCENT ON COLLABORATIVE ENVIRONMENTS 11 Peer-assisted learning in intellectual property law: a bridge to solidifying learning and enhancing student experience 177 William Page, Jocelyn Bosse and Adrian Aronsson-Storrier 12 Applying knowledge in practice with IP pro bono 193 Hayleigh Bosher 13 Collaborative intellectual property learning: law and design-engineering students bring IP law to life 206 Dinusha Mendis PART V INNOVATIVE TECHNOLOGICAL METHODS 14 Playing the IP game: IntangAbility 221 Sabine Jacques 15 Using social media in IP teaching: a review of the use of social media as a learning and teaching tool 235 Joe Sekhon 16 Teaching with artificial intelligence and virtual reality for experiential learning 254 Caroline Coles PART VI ADVANCING EMPLOYABILITY-RELATED SKILLS 17 The value of a good story: involving inventors and entrepreneurs in higher education as a tool to support teaching and learning 267 Mandy Haberman 18 IP outside the textbook: professional networking activities in the IP curriculum 275 Eleonora Rosati 19 Private practitioner’s pragmatic approach fits the business minded student’s requirements 284 Agathe Michel-de Cazotte 20 Teaching IP management to engineers, scientists, entrepreneurs and managers 290 Peter van Dongen PART VII FURTHER AVAILABLE RESOURCES 21 A moveable brownbag 298 Brian L. Frye 22 Making copyright law accessible to all creatives using CopyrightUser.org 309 Bartolomeo Meletti 23 UK IPO resources for IP education 323 Lisa Redman and Catherine Davies PART VIII REFLECTIONS AND CONCLUSIONS 24 Reflections and conclusions 335 Index

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Book SynopsisThis accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests.Offering a complementary analysis, The Subjects of Literary and Artistic Copyright explores how copyright regulates the production and management of literature and art. The book examines the creators of literature and art, as well as market operators such as publishers and “managers” including museums, galleries, and universities. The perspectives offered cover a diverse range of subjects, and confront the regular contradictions and conflicts that occur within literary and artistic copyright interests. The chapters illustrate, via historical and empirical analysis, that established practices and traditional approaches to the management of copyright need to be revisited, in order to be more aligned with current social and technological frameworks.Providing a starting point for future research paths on copyright practices in art and literature, this insightful book will be of interest to legal academics looking to expand their knowledge of literary and artistic copyright. Law professionals with interests in intellectual property and art law will also benefit from its novel approach.Trade Review‘The Subjects of Literary and Artistic Copyright edited by Enrico Bonadio and Cristiana Sappa looks at copyright aspects of art and literature through the eyes of their main stakeholders, grouped in the volume in two categories: creators and intermediaries/ managers. Using historical and empirical analysis, this great collection revisits many assumptions about the creative process and the current management of copyrighted works. A must read for everyone interested in the complex relationships of all the actors involved in the process of cultural production.’ -- Christophe Geiger, Luiss Guido Carli University, Italy‘From traditional forms of authorship to the most contemporary ones, from the romantic authors to institutions whose participation in copyright management is less known – while revisiting digital challenges to the establishments that have always played an important role in the dissemination of works – this book offers a rich panorama of perspectives that inform the development of copyright law today. A decidedly modern take on copyright stakeholders.’ -- Ysolde Gendreau, Université de Montréal, Canada‘This book focuses on traditional categories of creators and stakeholders of works of literature and art including publishers, libraries, museums, galleries, auction houses and universities. Literary works and artistic works are types of copyright works that not only have inspired each other but also inspired copyright in general. This book offers a fresh look at the roles of stakeholders and conflicting interests in copyright law, it is a “must read” for all those engaging in copyright law.’ -- Irini Stamatoudi, University of Nicosia, CyprusTable of ContentsContents: Foreword ix Introduction 1 Enrico Bonadio and Cristiana Sappa PART I CREATORS SECTION A LITERATURE 1 The effects of copyrights on poets’ and novelists’ economic returns 9 Michela Giorcelli 2 Playwrights 22 Luke McDonagh 3 The fragility of freelancing: The impact of copyright law on modern journalism 37 Mary Catherine Amerine 4 Academic authors, copyright and dissemination of knowledge: A comparative overview 58 Marco Bellia and Valentina Moscon SECTION B ART 5 Copyright protection for painters, sculptors and cartoonists 78 Rudy Capildeo, Chris Haywood and James Yow 6 Digital photographers: Trust, truth, and copyright in the digital age 98 Jessica Silbey 7 ‘It’s not you, it’s me’: Are designers and copyright a good match? 113 Ana Ramalho 8 Architecture and dysfunction 137 Xiyin Tang PART II MANAGERS AND INTERMEDIARIES 9 Publishers and copyright 157 Enrico Bonadio and Anele Simon 10 Libraries and copyright law in the 21st century 183 Maximiliano Marzetti 11 Capturing the uncapturable: The relationship between universities and copyright through the lens of the audio-visual lecture capture policies 207 Guido Noto La Diega, Giulia Priora, Bernd Justin Jütte and Léo Pascault 12 Museums as education facilitators: How copyright affects access and dissemination of cultural heritage 234 Cristiana Sappa 13 Galleries and auction houses: The invisible managers of artistic copyright? 258 Simon Stokes Index

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Book SynopsisThis incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks.Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook ’s cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.Trade Review‘A book of impressive breadth and thoughtfully curated analyses of doctrinal and policy issues at the intersection of AI and Intellectual Property (IP). The Handbook illuminates challenges across all IP fields and exposes the fragile normative bases on which many of our extant laws depend. It is a must have and a “go to” for meaningful engagement with the complex questions regarding the regulation of AI and IP — both nationally and globally.’ -- Ruth L. Okediji, Harvard Law School, USTable of ContentsContents: PART I MULTI-SUBJECT 1 Artificial intelligence and intellectual property: an introduction 2 Ryan Abbott 2 The human cause 21 Daniel J. Gervais 3 Considering intellectual property law for embodied forms of artificial intelligence 39 Woodrow Barfield, Argyro Karanasiou and Karni Chagnal-Feferkorn 4 AI replication of musical styles points the way to an exclusive rights regime 64 Sean M. O’Connor 5 The elusive intellectual property protection of trained machine learning models: a European perspective 83 Jean-Marc Deltorn 6 An abject failure of intelligence: intellectual property and artificial intelligence 112 Michael D. Pendleton PART II COPYRIGHT AND RELATED RIGHTS 7 The AI–copyright challenge: tech-neutrality, authorship, and the public interest 133 Carys J. Craig 8 Four theories in search of an A(I)uthor 155 Giancarlo Frosio 9 Copyright law should stay true to itself in the age of artificial intelligence 178 Alice Lee and Phoebe Woo 10 The protection of AI-generated pictures (photograph and painting) under copyright law 197 Yaniv Benhamou & Ana Andrijevic 11 Performers’ rights and artificial intelligence 217 Richard Arnold 12 AIn’t it just software? 224 Shubha Ghosh 13 Can artificial intelligence infringe copyright? Some reflections 244 Enrico Bonadio, Plamen Dinev and Luke McDonagh PART III TRADE MARKS AND DESIGNS 14 Computational trademark infringement and adjudication 258 Daryl Lim 15 Online shopping with artificial intelligence: what role for trade marks? 289 Anke Moerland and Christie Kafrouni 16 Trademark law, AI-driven behavioral advertising, and the Digital Services Act: toward source and parameter transparency for consumers, brand owners, and competitors 308 Martin Senftleben 17 A quotidian revolution: artificial intelligence and trade mark law 324 Dev S. Gangjee 18 The impact of AI on designs law 345 Trevor Cook PART IV PATENTS AND TRADE SECRETS 19 Legal fictions and the corporation as an inventive artificial intelligence 355 Dennis Crouch 20 Economic reasons to recognise AI inventors 375 Benjamin Mitra-Kahn 21 Reverse engineering (by) artificial intelligence 390 Shawn Bayern 22 Trade secrets versus the AI explainability principle 404 Rita Matulionyte and Tatiana Aranovich 23 The inventive step requirement and the rise of the AI machines 422 Noam Shemtov and Garry A. Gabison 24 Trade secrecy, factual secrecy and the hype surrounding AI 442 Sharon K. Sandeen and Tanya Aplin Index

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Book SynopsisThis book examines the relationship between intellectual property (IP) law and the sports industry, exploring opportunities and challenges at their intersection. Jason Haynes and Justin Koo address how the legal principles of IP rights must evolve to address digitalization, artificial intelligence, and global market integration.

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Book SynopsisBoth law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. Volume 1 explores the the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade. Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.Trade Review'This remarkable set of books is a who's-who of IP scholars comprehensively summarizing IP scholarship. This isn't just a master's course in IP; it's several decades of knowledge condensed into two volumes.' --Mark A. Lemley, Stanford Law School, USTable of ContentsContents: Volume 1 Part I: Intellectual Property as Property 1. Intellectual Property as Property Molly Schaffer Van Houweling 2. Anticommons, Transaction Costs, and Patent Aggregators Rebecca S. Eisenberg 3. Governing Intellectual Property Henry E. Smith Part II: IP and Incentives 4. Philosophical Foundations of IP Law: The Law and Economics Paradigm Robert P. Merges 5. Intellectual Property Law and the Promotion of Welfare Christopher Buccafusco and Jonathan S. Masur 6. Economic Models of Innovation: Stand-Alone and Cumulative Creativity Peter S. Menell and Suzanne Scotchmer 7. Economic Analysis of Network Effects and Intellectual Property Peter S. Menell 8. Intellectual Property and Competition Herbert Hovenkamp 9. Intellectual Property and the Economics of Product Differentiation Christopher S. Yoo 10. Price Discrimination and Intellectual Property Ben Depoorter and Michael J. Meurer 11. When are IP Rights Necessary? Evidence from Innovation in IP’s Negative Space Kal Raustiala and Christopher Jon Sprigman 12. Open Innovation and Ex-Ante Licensing Michael J. Burstein 13. Prize and Reward Alternatives to Intellectual Property Michael Abramowicz Part III: IP Costs 14. Tailoring Intellectual Property Rights to Reduce Uniformity Cost Michael W. Carroll 15. Intellectual Property Enforcement Costs Ben Depoorter 16. Economic Analysis of Intellectual Property Notice and Disclosure Peter S. Menell Part IV: IP and Institutions 17. Patent Institutions: Shifting Interactions Between Legal Actors Arti K. Rai 18. The Economics of Collective Management Daniel Gervais 19. “The Common Law” in the Law and Economics of Intellectual Property Shyamkrishna Balganesh 20. In the Shadow of the Law: The Role of Custom in Intellectual Property Jennifer E. Rothman 21. Infrastructure Theory and IP Brett Frischmann Part V: IP, Development, and International Trade 22. Creative Development: Copyright and Emerging Creatve Industries Sean A. Pager 23. Intellectual Property and Economic Development: A Guide for Scholarly and Policy Research Shubha Ghosh 24. Economic Development and Intellectual Property Rights: Key Analytical Results from Economics Keith E. Maskus Index Volume 2 Part I: Empirical Methods 1. Data Sources on Patents, Copyrights, Trademarks, and Other Intellectual Property Ted Sichelman and David L. Schwartz Part II: Empirical Studies Relating to Patents Section A: Metrics 2. Patent Citation Data in Social Science Research: Overview and Best Practices Adam B. Jaffe and Gaétan de Rassenfosse 3. Patent Value John R. Allison Section B: Patent Institutions and Litigation 4. Empirical Scholarship on the Prosecution Process at the PTO Melissa F. Wasserman and Michael D. Frakes 5. The USPTO’s Patent Trial and Appeal Board Arti K. Rai and Saurabh Vishnubhakat 6. The Federal Circuit as an Institution Ryan Vacca 7. Empirical Studies of Claim Construction J. Jonas Anderson and Peter S. Menell 8. Empirical Studies of the International Trade Commission Colleen V. Chien and David L. Schwartz 9. Technical Standards, Standards-Setting Organizations and Intellectual Property: A Survey of the Literature (With an Emphasis on Empirical Approaches) Jorge L. Contreras 10. Empirical Studies of Patent Pools Michael Mattioli 11. Empirical Analyses Related to University Patenting Arvids A. Ziedonis Part III: Patent Law Doctrines 12. Empirical Studies in Patentability Ronald Mann and Christopher Cotropia 13. Patent Duration Brian J. Love 14. Infringement Lee Petherbridge and Jason Rantanen 15. Presumption of Validity Christopher B. Seaman 16. Inequitable Conduct and Patent Misuse Lee Petherbridge and Jason Rantanen 17. Remedies Thomas F. Cotter and John M. Golden Part IV: Technology-Specific Studies 18. Patent Rights and Innovation: Evidence from the Semiconductor Industry Rosemarie H. Ziedonis and Alberto Galasso 19. Patent Trolls Jay Kesan 20. Patents and Innovation in Economic History Petra Moser 21. The Political Economy of Intellectual Property Reforms Jay P. Kesan and Andres A. Gallo Part V: Empirical Studies Relating to Copyright 22. Empirical Studies of Copyright Litigation Matthew Sag 23. Empirical Studies of Copyright Registration Dotan Oliar 24. Copyright and Technological Change in Music, Movies, and Books Joel Waldfogel 25. Music Copyright Peter DiCola 26. Experiments in Intellectual Property Christopher Buccafusco and Christopher Jon Sprigman 27. The Effect of Copyright Law on Access to Works Paul J. Heald Part VI: Empirical Studies of Trademark Law 28. Empirical Studies of Trademark Law Barton Beebe Part VII: Empirical Methods in Trade Secret Research 29. Empirical Methods in Trade Secret Research Michael Risch Part VIII: Knowledge Commons 30. Knowledge Commons Katherine J. Strandburg and Brett M. Frischmann Index

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Book SynopsisThis forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.Trade Review‘As the book title suggests, The Future of Intellectual Property, contains several valuable contributions from scholars who seek to challenge the status quo or highlight certain deficiencies of the IP system. This collection of essays provides a valuable contribution to what will be a continuing debate between primary IP rights (copyright, trade marks, design and patent law) and the role of secondary rights (such as TPMs and RMI).’ -- Tyrone Berger, Intellectual Property Forum‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’ -- Caroline B Ncube, South African Law Journal‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’ -- Robert Burrell, University of Oxford, UKTable of ContentsContents: 1 Introduction to the future of intellectual property 1 Daniel J. Gervais PART I RETHINKING FUNDAMENTALS 2 Intellectual property for humanity: A manifesto 9 Phoebe Li 3 Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA 37 Roberto Garza Barbosa 4 Company classification taxonomy and corporate intellectual property rights owners 55 Janice Denoncourt 5 Defining intellectual property as an investment 80 Emmanuel Kolawole Oke 6 Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas 104 Abbe E.L. Brown PART II ARTIFICIAL INTELLIGENCE AND DATA 7 AI patents and the self-assembling machine 128 Dan L. Burk 8 Challenges of artificial intelligence to patent law and copyright law and countermeasures 149 Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang 9 Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property? 168 Margaret Ann Wilkinson 10 The doctrine of sound prediction – a possible tool to support patenting black box algorithms for personalized medicine? 191 Helen Yu PART III RETHINKING COPYRIGHT AND TRADEMARK LAW 11 A data-driven approach to copyright in the age of online platforms 207 Giuseppe Mazziotti 12 The CJEU and the educational exception in Renckhoff : Permitted to view but not to share? 229 Bukola Faturoti 13 Hyperlinking to copyright works in EU: Finding a weak link 251 Ivana Kunda 14 Modernization of trademark legislation in Mexico: The case of olfactory and sound marks 272 Guillermo Martínez Cons PART IV RETHINKING GEOGRAPHICAL NAMES AND INDICATIONS 15 Rebreeding geographical indications beyond agriculture: of ‘genotype’ and ‘phenotype’ in territorial products 273 Bernardo Calabrese 16 Brand new IP: ‘country name designation’ – from France with love 291 Natalie G. S. Corthésy Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisExamining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.Trade Review‘The relationship between trade agreements and the implementation of intellectual property laws domestically and regionally is complex. With the UK leaving the EU the legal maze of international obligations, and influences of EU law in the UK and UK law to the EU, is a new field. This cutting-edge book illuminates this topic in an accessible way for experts, students and policymakers.’ -- Susy Frankel, Victoria University of Wellington, New Zealand‘This book examines a subject which is of increasing significance for the IP laws of all countries, which is the impact of FTAs on those laws. This is of particular significance for the UK where European IP rules will be replaced by those in FTAs. Phillip Johnson is the first scholar to consider this subject and his book makes a very important contribution to our understanding to the general subject of IP chapters in FTAs, as well as to the specific subject of the enduring influence in the UK of the EUs IP laws.’ -- Michael Blakeney, University of Western AustraliaTable of ContentsContents: PART I ACQUIS FROM ALL SIDES 1. Introduction: taking back control? 2. Interpretation of trade agreements: reading up and down 3. Principles of non-discrimination: broadening the effect of free trade agreements PART II THE BREADTH OF PROTECTION 4. Copyright and related rights 5. Trade marks, unfair competition and geographical indications 6. Designs and semi-conductor typographies 7. Patents, plant varieties and trade secrets 8. Enforcement and immunities 9. Exhaustion, border control and technology transfer 10. Conclusion: being locked in PART III LOCKED-IN LAWS Bibliography 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.The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou LinTable of ContentsContents: 1 Niklas Bruun 1 Reflections on the contradictory history of the regulation of employee intellectual property 2 Thomas Cottier 23 The legal nature of intellectual property rights in public international law 3 Annette Kur 48 Trade mark (and design) law from a personal perspective 4 Hector L MacQueen 73 Surprised by intellectual property law? 5 Dianne Nicol 99 The pendulum of patents, principles and products – from the industrial revolution to the genetic revolution 6 Sam Ricketson 125 Change or no change – a personal intellectual property journey 7 Jayashree Watal 152 North-South perceptions of the TRIPs Agreement: then and now (1990 and 2020) 8 Zhou Lin 174 A copyrightist for art’s sake Index

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

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

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Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

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Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

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Book SynopsisThis timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.Trade Review‘Pratyush Nath Upreti, in his IPKat 2022 award-winning book, explores the IP objectives in IIAs. The author has combined hermeneutic and exploratory approaches to provide a fresh look into this emerging area. The book is a thought-provoking, well-researched and excellent contribution to the fields of IP and investment law. It offers a fresh look at IP and investment interactions. It should be a useful read for the relevant stakeholders while dealing with the current challenges of IP and investment.’ -- Mohammad Ataul Karim, International Review of Intellectual Property and Competition Law‘Overall, the book makes a novel and timely contribution to studying the intersection between international investment law and IP. Its discussion also has important implications for other issues in IIAs that are intertwined with social objectives, which is particularly valuable for the ongoing discourse on investment law reform.’ -- Chen Yu, Asian Journal of International Law‘This timely and thought-provoking book greatly enhances our understanding and appreciation of the relationship between intellectual property and investment law. Informed by treaty texts, WTO panel reports and investment arbitration decisions, the book explains why we need to pay greater attention to the objectives of intellectual property rights while avoiding the short-sighted view that treats intellectual property as mere investments. A must-read for anybody interested in intellectual property law or investment arbitration!’ -- Peter K. Yu, Texas A&M University, US‘This book provides a cutting-edge analysis of the relationships and intersections between intellectual property regime and international investment law. It examines the issues arising from this intersection in a lucid and coherent manner and makes an original contribution to the current debate on the interaction between the protection of intellectual property and the investor-state dispute settlement mechanism. The analysis of the extant and emerging normative framework in this area is fascinating. I highly recommend this book to policy makers, lawyers, scholars, and arbitrators interested in this area.’ -- Surya P. Subedi, KC, University of Leeds, UK‘This well-researched monograph makes a substantial contribution to the debate on intellectual property and international investment law. The book presents a detailed analysis of how intellectual property and international investment law interact and projects how they could do so in the future. The monograph demonstrates how intellectual property protection and investor-state arbitration can be managed without distorting the objectives of intellectual property. The framework developed in this book should inspire future research and garner the attention of policy makers and scholars from both developed and developing countries.’ -- Bryan Mercurio, The Chinese University of Hong Kong‘A valuable contribution to the controversial debate about the relationship between foreign direct investment and intellectual property, particularly in the context of bilateral trade agreements and investor state dispute settlement. The book analyses the often-competing objectives of intellectual property and investment agreements in an accessible, eminently readable way. The book’s insightful approach provides a normative framework that will be enlightening for academic audiences, policy makers and practitioners alike. A thorough and balanced analysis of this critical field of international law.’ -- Duncan Matthews, Queen Mary University, UKTable of ContentsContents: 1. Introduction to Intellectual Property Objectives in International Investment Agreements 2. The social objectives of international intellectual property 3. Property protection of investment assets 4. Intellectual property as an investment 5. The role of national and international intellectual property in reconceptualising the definition of investment 6. Domestication of the investment regime: a perspective from intellectual property and beyond 7. Intellectual property shelters in international investment agreements 8. Conclusion Index

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Book SynopsisThis timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control.The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels – in the context of current issues and future trends, including those related to COVID-19 – and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed.Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.Trade Review‘Pharmaceutical and vaccine markets are highly complex. In European healthcare systems, the state is the major purchaser, and so ordinary rules of competition law are insufficient in themselves to respond to the various dynamics at play: cost-effective innovation; access to medicines; burden on the public purse. But competition law is one of the aspects of the relevant regulatory toolkit, so it’s crucial to understand how it applies. This cross-disciplinary and timely book goes well beyond the superficial, in its analysis and critique of contemporary developments and the direction of travel of European competition law as it applies to pharmaceuticals.’ -- Tamara Hervey, City, University of London, UKTable of ContentsContents: Foreword xiv PART I INTRODUCTION, LEGAL AND ECONOMIC CONTEXT 1 Introduction 2 Marcel Canoy, Jotte Mulder and Wolf Sauter 2 Excessive pricing doctrine in the pharmaceutical sector: the space for reform 16 Frederick M Abbott 3 Evergreening exclusive rights in pharmaceutical products: the case of SPCs, paediatric extensions and orphan drugs 33 Frantzeska Papadopoulou 4 The economics of patents and innovation in pharma 48 Marcel Canoy and Matthijs Versteegh PART II THE COMPETITION CASES SECTION IIA PAY FOR DELAY AND PATENT STRATEGIES 5 Settlement agreements acknowledging patent validity in the United Kingdom 62 Okeoghene Odudu 6 Anticompetitive pharmaceutical patent settlements: the EU cases on pay-for-delay 79 Jotte Mulder and Wolf Sauter SECTION IIB EXCESSIVE PRICING 7 The Aspen case of the Italian Competition Authority 98 Claudia Desogus 8 Unfair pricing: policy considerations and recent experience in the pharmaceutical sector 113 Andrew Groves and Lourenço Ventura 9 Temporary dominance and excessive pharmaceutical pricing – CD Pharma (Denmark) 124 Behrang Kianzad 10 Excessive pricing for pharmaceuticals in the Netherlands: the Leadiant case 138 Freek Bruggert and Clara Ceulemans 11 The EU Aspen decision: the European Commission’s first excessive pricing decision in the pharmaceutical market 151 Harald Mische SECTION IIC DISPARAGEMENT AND MISLEADING INFORMATION 12 Disparagement: the European Union and France 175 Adrien Giraud, Juliette Raffaitin and Constance Dobelmann 13 The dissemination of misleading information in the pharmaceutical market: the Italian experience 199 Margherita Colangelo SECTION IID MERGERS AND PARALLEL TRADE 14 EU merger control in the pharmaceutical sector: an overview 213 Jan Truijens Martinez 15 Taking stock of the single market imperative in the Court’s case law on parallel trade in pharmaceuticals: are matters as settled as they seem? 229 Jotte Mulder PART III FUTURE DIRECTIONS 16 Towards responsive enforcement of EU antitrust in pharmaceuticals 248 Wolf Sauter 17 Excessive pricing in pharmaceuticals: perspectives from EU antitrust and regulation 264 Giorgio Monti and Leigh Hancher 18 Tackling grand challenges with competition law: lessons from the pandemic 281 Ioannis Lianos, Timo Minssen and Christy Kollmar Index

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Book SynopsisThis comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation. By combining research from both leading experts and up-and-coming scholars, this expansive Research Handbook examines the four main intellectual property rights: patent, trademark, design and copyright, as well as trade secrets. Chapters provide cutting-edge empirical data and projections on legislation and case law, using quantitative and qualitative methods, including surveys, interviews, descriptive and inferential statistics. The Research Handbook on Empirical Studies in Intellectual Property Law will be highly beneficial for scholars and advanced students of intellectual property, in both legal and economic disciplines, and will inspire new research directions. Practitioners and policymakers will also be interested as the chapters offer statistics on which client advice and policymaking can be based.Trade Review‘The Research Handbook on Empirical Studies in Intellectual Property Law makes a welcome and timely contribution to the field given increasing interest in using empirical methods to study IP law and its effect on innovation, competition, and access to knowledge. The Handbook shows how empirical methods contribute to knowledge and can complement and refine theoretical or normative arguments about IP. The Research Handbook is a valuable resource for scholars, policymakers, and practitioners in the field.' -- Matthew Sag, Emory University, US‘In this thought-provoking collection, Professor Derclaye and an expert cast of contributors showcase the importance of empirical methods for specific types of intellectual property questions. Empirical legal research prioritises the importance of law in action, in turn feeding into judicial deliberation and evidence-based policymaking. These pages contain rich pickings, both qualitative and quantitative. The reader will find studies of litigation strategies as well as appellate adjudication trends, alongside scholarship tracing the ripple effects of landmark decisions in subsequent doctrine. For registration ecosystems, there are revelations on the strategic preferences of patent applicants, registered design survival rates when challenged and the uses to which trade mark registration data can be put. Qualitative research draws in the perspectives of users of the IP system, from the motivations of design applicants to how cultural institutions give practical form and substance to fuzzy copyright exceptions. The relatively unfamiliar-because-undocumented topic of licensing practices is found within these pages, as are studies on remedies. Beyond this research providing empirical answers to discrete questions, the volume also contains valuable literature reviews synthesising the empirical research in individual domains, such as copyright. As one would expect, there is the expected attentiveness to methodology as well as the quality of data sources. This book will be valued not only for its breadth of subject matter coverage – plant varieties and trade secrets feature – but also its jurisdictional coverage, given the relative novelty of this mode of research. Undoubtedly a welcome and enduring reference point for all such future scholarship.’ -- Dev S. Gangjee, University of Oxford, UK‘This is a highly valuable reference work for those interested in empirical research in IP law. The collection showcases some fascinating empirical projects in the areas of patents, trade secrets, plant variety rights, copyright, trade marks and designs, primarily from the U.S., EU, Australia and China. The book also signposts avenues for future empirical research and provides useful lessons in how to tackle the challenges of different empirical methods.’ -- Tanya Aplin, King's College London, UKTable of ContentsContents: Introduction xi PART I PATENTS AND PLANT VARIETY RIGHTS 1 Studying patent infringement litigation 2 Jason Rantanen 2 Legal empirical studies of patenting and patent licensing practices 27 Esther van Zimmeren 3 The Australian ‘Valley of Death’? Australian research and patenting practices in bioprinting and genome editing 47 Jane Nielsen, Dianne Nicol and Cameron Stewart 4 Plant variety protection and farmers’ rights in India and Indonesia 74 Christoph Antons and Amrithnath Sreedevi Babu PART II PATENTS AND TRADE SECRETS 5 From patents to trade secrets 101 Michael Risch 6 Evidence-based IP research 120 Mateo Aboy, Louise C. Druedahl and Timo Minssen 7 Solving trade secret disputes in Chinese courts: some empirical evidence 137 Runhua Wang PART III COPYRIGHT 8 A survey of empirical analysis of U.S. copyright law 165 Ben Depoorter 9 An empirical defence of expanded fair dealing in UK copyright law 176 Emily Hudson 10 Empirical methods for researching copyright in Australia 195 Kylie Pappalardo 11 Public views on disgorgement of profits in copyright law 217 Branislav Hazucha PART IV TRADEMARKS 12 The story of USPTO trademark data 240 Deborah R. Gerhardt and Jon J. Lee 13 An empirical study of the basis of refusal of EU trade marks for 3D marks 269 Ilanah Fhima 14 Trade marks law of Thailand and certain empirical incongruities 290 Piani Nanakorn 15 Empirical experiences in IP – conducting qualitative empirical research in law and regulation 312 William van Caenegem PART V DESIGNS 16 A qualitative method for investigating design 332 Mark P. McKenna and Jessica Silbey 17 Re-engaging with concerns over latent design invalidity: examination and invalidation of registered Community designs at the EUIPO 347 Jane Cornwell 18 Empirical analysis of design litigation in Australia 367 Vicki Huang 19 Determination of ‘existing design’ in Chinese patent infringement disputes 386 Xianwei Zhang Index 404

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Book SynopsisReforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas. Table of ContentsContents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Séverine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors’ remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive – flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works – safeguarding authors’ and users’ rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU’s innovation policy 225 Hanns Ullrich 16 Reversing logic… 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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Book SynopsisThe regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the ‘information pollution’ of the 21st century.This book explores ways and means of protecting the ‘information environment’ by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework.By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.Trade Review‘This thoughtful and deeply analytical text examines in detail what the author, Robert Cunningham, describes as ‘the nexus between the physical environment and the information environment’ and explores the ways in which ‘environmental analytical frameworks’ might also apply to the information environment. . . IP theorists in particular, as well as environmental lawyers and academics will appreciate the insights revealed and the often new and original avenues of thought which Cunningham opens up to scrutiny as a result of his careful research. Certainly this book deserves a place in the well read practitioner’s professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Cunningham’s first title is an articulate analogy between the physical and informational environments, which provides a thorough application of ecological and environmentalist discourse to the information environment.’ -- Catherine Pocock, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. Information Environmentalism 2. Information Paradox and Public Goods 3. Externalities and Monopolies 4. Information Commons 5. Tragedy of (Ignoring) the Information Semicommons 6. The Social Ecology of Information Environmental Governance 7. Should the Information Commons have Standing? 8. Rational Truths, Reasonable Arguments and Rhetorical Imagination 9. Public Choice Theory and Social Production 10. Constitutional Economics and the Separation of (Economic) Power 11. Control, Alt, Delete: Towards an Information Environmental Governance Framework Index

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Book SynopsisThe drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime.IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic World adopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future.This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.Trade Review‘This is a timely and much-needed book, which provides important insights into the “what’s next?” of intellectual property on a global scale: by stressing the relationship between innovation, sustainability and global justice, this book brings to the fore the multi-faceted nature of intellectual property and the need for “fairness” to be part of the relevant ecosystem of rights and interests, as well as free spaces and the public domain.’ -- Eleonora Rosati, Stockholm University, Sweden‘Intellectual Property Rights in the Post Pandemic World offers thought-provoking, reflective, and nuanced insights into the intersection of intellectual property, sustainability, and innovation in a rapidly evolving landscape following the global pandemic. This work not only illuminates the complex terrain but also presents alternative perspectives rooted in real-world challenges. It charts a path towards a more equitable and adaptive global intellectual property landscape, compelling us to rethink, reimagine, and rebalance the intellectual property system.’ -- Althaf Marsoof, Nanyang Business School, Singapore‘This book addresses fundamental questions of intellectual property rights in the aftermath of the pandemic in a variety of contributions by an international authorship. It makes an up-to-date contribution to the current discussion on the role of intellectual property rights in the international context of sustainability, innovation and global justice.’ -- Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of LiechtensteinTable of ContentsContents: 1 Intellectual property rights in the post pandemic world: an introduction 1 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti PART I NEW PARADIGMS OF INTELLECTUAL PROPERTY RULES IN COVID-19 2 A critical appraisal of the COVID-19 TRIPS waiver 11 Peter K. Yu 3 An elusive response from developed countries to a TRIPS waiver request to address COVID-19 31 Carlos Correa and Nirmalya Syam 4 Crisis, invention, and innovation 57 Shubha Ghosh 5 Alternative IP theories 75 Hans Morten Haugen 6 Intellectual property, friendship and the pandemic: a reflection 95 Pratyush Nath Upreti PART II TRANSFORMING IP TOWARDS GLOBAL JUSTICE WITH INNOVATION AND SUSTAINABILITY 7 Rethinking intellectual property through decoloniality and other lenses 118 Yousuf A. Vawda 8 The right to research as guarantor for sustainability, innovation and justice in EU copyright law 138 Christophe Geiger and Bernd Justin Jütte 9 Trademark, privacy and data protection 170 Tianxiang He and Qingchuan Xie 10 Artificial intelligence, patents and health innovation 188 Enrico Bonadio and Magali Contardi 11 IP, medical AI and public health crisis 205 Yahong Li PART III SHAPING INTELLECTUAL PROPERTY FINANCING FOR SUSTAINABLE INNOVATION 12 Relationship and intersections between intellectual property, property (as security) and circular economy 225 Sean Thomas 13 The UNDP Accelerator Lab Network 246 Matthew Rimmer 14 The potential of follow-on innovation financing instruments to support a sustainable transition 277 Natacha Estèves, Alina Wernick and Suelen Carls 15 IPR and beyond 299 Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila 16 Seeking and hiding: corporate disclosure norms, enhancing non-financial information transparency using the technology readiness level (TRL) system 319 Janice Denoncourt 17 Conclusions: towards a (new) framework of sustainability, innovation and global justice for intellectual property 348 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti Index 352

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Book SynopsisComplex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.This comprehensive Companion brings together an array of leading international experts to assess and interrogate how IP law impacts each specific SDG in turn. Providing in-depth analysis and invaluable insight, chapters explore IP’s role in ending poverty and inequality, improving food security, ensuring a sustainable environment, better regulating gene patents, and supporting health and well-being through access to medicines. This Companion deftly explores a variety of models of technology transfer and diffusion. Ultimately, the book provides a realistic overview of current progress towards the SDGs and a blueprint to reform IP institutions, agreements and laws to achieve a more sustainable future.The Elgar Companion to Intellectual Property and the Sustainable Development Goals will be an essential resource for academics, researchers, regulators and policymakers interested in the unique intersection between IP law and sustainable development. It will also prove a highly informative read for researchers specialising in development studies, as well as legal practitioners working in private law, public law, technology law, comparative law and international law.Trade Review‘Intellectual property rights have major implications for every one of the Sustainable Development Goals. This excellent interdisciplinary volume containing top-quality contributions from established IP scholars and rising stars from Global South and North offers by far the most comprehensive and diverse coverage on a vital but hugely complex field. Essential reading for all those who care about the state of Planet Earth.’ -- Uma Suthersanen, Queen Mary University of London, UK‘A thoughtful and foundational work by seasoned scholars and development practitioners, offering wide-ranging analyses of the complex role of intellectual property rights (IPRs) in economic development and human capital formation. It is a rich contribution to the global debate over the role of IP in economic, social, and cultural development, providing critical exploration of the socio-legal and policy implications of the SDGs in relation to IP norms that arguably impede welfare gains for the most vulnerable members of our global society. The volume outlines policy tools to help catalyze IPR reform and presents innovation tradeoffs that are at stake in advancing implementation of the SDGs; it presents diverse theoretical perspectives on the competing claims and demands for a global IPR system that facilitates innovation pathways supportive of human flourishing. Combining history, law, economics and political economy, the contributions in this volume collectively are analytic, informative, and compelling.’ -- Ruth L. Okediji, Harvard Law School, US‘Our common future depends urgently on prioritizing community well-being over destructive rent-seeking. Addressing this enormous challenge, this book dares us to re-align intellectual property’s purposes with each of the UN Sustainable Development Goals, hopefully to maximize the flourishing of the broadest array of living beings—and indeed of Earth itself.’ -- Margaret Chon, Seattle University School of Law, US‘The Sustainable Development Goals have become a key framework to assess the impact of national policies and international regimes. This book fills an important gap and is unique in assessing, with original research by leading scholars, intellectual property in the context of such Goals. Not only academics but policy makers will benefit from reading this book.’ -- Carlos Correa, The South Centre, SwitzerlandTable of ContentsContents: Foreword: Our Future Commons xvi Christine Milne AO Introduction: ‘The people’s agenda’: a history of intellectual property and sustainable development 1 Bita Amani, Caroline B. Ncube and Matthew Rimmer 1 Intellectual property’s role in eliminating poverty: SDG 1 37 J. Janewa Osei-Tutu 2 SDG 2: Zero hunger, food and plant-related intellectual property, and access to plant genetic resources 50 S. Ali Malik 3 The tobacco endgame: intellectual property, human rights, and sustainable development 74 Matthew Rimmer 4 SDG 3b: Patent law and access to medicines 107 Emmanuel Kolawole Oke 5 Genetic patents and the Sustainable Development Goals 124 Jorge L. Contreras 6 Copyright, access to knowledge, and SDG 4 in Southern Africa 142 Desmond Oriakhogba and Lonias Ndlovu 7 Prioritising inclusion: the nexus of disability rights, Sustainable Development Goals on education, and intellectual property interests 175 Paul Harpur and Michael Ashley Stein 8 Intellectual property and gender inequality: towards sustainable development—or sustaining the status quo? 198 Carys J. Craig 9 Intellectual property’s other: a new social–natural contract for the advancement of access to clean water and sanitation 224 Jessica C. Lai 10 Renewable energy technology and intellectual property rights: global public goods 243 Felicity Deane and Chelsea Bodimeade 11 Economic growth requires idea generators 262 Sharon K. Sandeen 12 SDG 9: Innovation, intellectual property and gender equity 281 Myra Tawfik and Marcia Valiante 13 Sustainable patent governance of artificial intelligence: recalibrating the European Patent System to foster innovation (SDG 9) 299 Guido Noto La Diega, Gabriele Cifrodelli and Artha Dermawan 14 Open prosthetics: intellectual property, 3D printing, medical innovation, and sustainable development 323 Matthew Rimmer 15 Some more equal than others: critical contexts for the (false) promises of intellectual property rights 350 Bita Amani 16 Greener cities: intellectual property and data in sustainable smart cities 376 Natasha Tusikov 17 Responsible production and consumption (SDG 12) – a new emphasis for material lifespans in intellectual property rights regulation? 398 Taina Pihlajarinne 18 SDG 13 and intellectual property rights: a complex conundrum 415 Krishna Ravi Srinivas 19 SDG 14, ocean sustainability and transfer of marine technology: the role of UNCLOS and international intellectual property law 438 Md Mahatab Uddin and Md Saiful Karim 20 Epistemic injustice: intellectual property, biodiversity and traditional knowledge 458 Daniel F. Robinson, Miri (Margaret) Raven and Simon Lumsden 21 The role of the World Intellectual Property Organization in the United Nations’ Sustainable Development Agenda 481 Faith O. Majekolagbe 22 Branding as a tool to promote geographical indication exports and sustainable development in Africa 499 Titilayo Adebola 23 Access to science, technology, and innovation: intellectual property, human rights, and sustainable development 522 Caroline B. Ncube 24 Intellectual property, foreign investment and sustainable development 537 Peter K. Yu 25 The COVID-19 crisis: intellectual property and sustainable development during the pandemic 559 Muhammad Zaheer Abbas Conclusion: ‘Blueprints for a better world’: the future of intellectual property and sustainable development 582 Bita Amani, Caroline B. Ncube and Matthew Rimmer Coda: Blue sky solutions: a transformative vision for the 2030 Agenda 611 Bita Amani, Caroline B. Ncube and Matthew Rimmer

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Book SynopsisWritten by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court’s evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework.Key Features: Broad, practitioner-oriented approach offers a useful source of reference alongside practical guidance Analysis of SPC case law in light of developments in pharmaceutical technology, including both legal and technical aspects of the cases Examination of the lack of clarity in interpretation of the legislation and how this might be exploited by stakeholders Pharmaceutical Patents under the SPC Regulation is an indispensable practical resource for patent law practitioners, including patent attorneys and attorneys-at-law in the SPC field. It will also prove useful to national patent authorities, legislators, and academics working at the intersection between pharmaceuticals and legal research.Trade Review‘This book provides an excellent account of the current legal frameworks applying to SPCs, as well as a splendid explanation of why and how new technological developments challenge these. It includes a highly coveted analysis of case law and practice in Europe and provides clear and pragmatic tools to reflect and guide future practice.’ -- Timo Minssen, Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), University of Copenhagen, Denmark‘Modern pharmaceuticals pose significant challenges to the established SPC system in Europe. It is a highly topical question whether the European SPC Regulation is still fit for purpose. Pragmatic advice, improved legal certainty, but also wider policy proposals are needed. This book includes a comprehensive and competent analysis of case law and practice in Europe and provides clear and pragmatic tools to reflect and guide future practice. This is no surprise, given the author’s experience as a well-known European Patent Attorney in the field. The entire sector is thoroughly analysed and discussed in detail while at the same time always keeping in mind the high-level perspective and not getting lost in details. In short: This book belongs on the desk of every practitioner in the field and is at the same time interesting for academics.’ -- Matthias Leistner, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: Preface PART I INTRODUCTION AND CONTEXT 1. Introduction to Pharmaceutical Patents under the SPC Regulation 2. The Pharmaceutical Industry and the Surrounding Legal and Economic Environment PART II LEGAL ANALYSIS OF THE SPC REGULATION AS IT IS 3. Background and Purpose of the SPC System 4. Definition of “Product” and “Medicinal Product” 5. Eligibility for Protection of (Medicinal) Products under the SPC System 6. Conditions for Obtaining a Certificate (Art. 3) 7. Subject Matter of Protection (Art. 4) and Effects of the Certificate (Art. 5) 8. Conclusion on the Law as it is PART III LEGAL ANALYSIS OF THE SPC REGULATION WITH REGARD TO MODERN PHARMACEUTICAL INNOVATION 9. SPC protection for biotechnological medicinal products 10. Secondary innovation PART IV GENERAL FINDINGS AND FUTURE PROPOSALS 11. General Findings and Future Proposals Bibliography Index

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Book SynopsisThis illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage, and highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law. This book will be an essential resource for scholars and students of cultural heritage law, as well as anthropology, ethnology, and cultural studies. Its panorama of national experiences will also be beneficial for persons involved in the safeguarding of intangible cultural heritage, including policy makers and NGOs. Trade Review'The legal regimes related to intangible cultural heritage are extraordinarily complex. This book succeeds in showing this complexity. It presents a remarkably comprehensive picture of regulatory approaches at international, national and local level, the implementation of the UNESCO Convention and the relationship of intangible cultural heritage to various fields of law. The book throws up many questions for further inquiry and is highly recommended reading for everyone seeking a nuanced understanding of this emerging field of multidisciplinary research and practice.' --Christoph Antons, The University of Newcastle, AustraliaTable of ContentsContents: Foreword viii 1 Introduction: dialogues between international and national laws relating to intangible cultural heritage 1 Marie Cornu and Anita Vaivade PART I THE STANCE OF STATES TOWARDS THE CATEGORY OF ‘INTANGIBLE CULTURAL HERITAGE’ 2 Linking new intangible cultural heritage law with a legal past 16 Anita Vaivade 3 Receiving in domestic law concepts born by the 2003 Convention: focus on the notion of community 44 Vincent Négri 4 Defining the perimeter of the intangible cultural heritage: focus on language 54 Marie Cornu PART II INTERACTIONS BETWEEN INTANGIBLE CULTURAL HERITAGE AND OTHER FIELDS OF LAW 5 The interactions between intangible cultural heritage and environmental law 69 Jérôme Fromageau 6 The interactions between intangible cultural heritage and human rights 81 Clea Hance 7 The interactions between intangible cultural heritage and intellectual property law 97 Lily Martinet PART III NATIONAL LEGAL TOOLS TO SAFEGUARD THE INTANGIBLE CULTURAL HERITAGE 8 The capacities of safeguarding intangible cultural heritage as legal tools 124 Marie Cornu and Clea Hance 9 Translating the 2003 Convention into national laws 135 Līga  bele 10 Defining intangible cultural heritage through inventories 145 Lily Martinet PART IV JUSTICIABILITY AND JUDICIALIZATION OF INTANGIBLE CULTURAL HERITAGE 11 Balancing animal rights and the safeguarding of the intangible cultural heritage 153 Lily Martinet 12 The judicialization of heritagization procedures 164 Clea Hance and Lily Martinet 13 The judicialization of the tension between the cultural identity of states and intangible cultural heritage 173 Clea Hance Afterword: intangible heritage and national law 181 Index

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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 SynopsisFast track route to managing and exploiting intellectual property Covers the key areas of managing IPR from the alternative forms available and their means of protection to approaches for creating revenue and leveraging value Examples and lessons from some of the world's most successful businesses, including BTG, IBM, Qualcomm and the Teletubbies, and ideas from the smartest thinkers, including Kevin Rivette, Jessica Litman, Thomas Stewart and Seth Shulman Includes a comprehensive resources guideTable of ContentsIntroduction to Express Exec Introduction to Managing Intellectual Property What Managing Intellectual Property Is Evolution of Intellectual Property The E-Dimension The Global Dimension The State of the Art In Practice Key Concepts and Thinkers Resources Ten Steps for Managing Intellectual Property Successfully Frequently Asked Questions About the Author 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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