Intellectual property law Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisThis state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized. The original contributions illustrate how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and license specifications.Providing contemporary empirical studies and covering public administration, collective and open approaches, and regulation of private transactions, this comprehensive book will prove a stimulating read for academics and students of law, business and management and development studies. Government policy makers and regulators as well as IP managers and advocates will also find much to provoke thought.Table of ContentsContents: 1. Themes and Prospects for Intellectual Property Law Reform Christopher Arup and William van Caenegem PART I: INTELLECTUAL PROPERTY GRANTS 2. Why Patents Need Reform, and Some Suggestions for It William Kingston 3. What are the Costs and Benefits of Patent Systems? Hazel V.J. Moir 4. Strong Patent Rights, Weak Patent Standards and Innovation in Biomedicine Dianne Nicol 5. The Jewel in the Crown: India’s Patent Office and Patent-based Innovation Peter Drahos 6. The First Steps in Remedying the Relationship between Patents and Competition Charles Lawson PART II: OPEN INTELLECTUAL PROPERTY SYSTEMS 7. An Introduction to Open Source Biotechnology Janet Hope 8. Intellectual Property, Innovation and Openness Ulf Petrusson and Caroline Pamp 9. Wikipedia, Collective Authorship and the Politics of Knowledge Matthew Rimmer 10. Copyright and the New Street Literature Megan Richardson and Jason Bosland PART III: INTELLECTUAL PROPERTY TRANSFERS 11. Commercialization of University Research and Free Diffusion – What does Experience Show Works Best in and for Australia? Ann L. Monotti 12. Pervasive Incentives, Disparate Innovation and Intellectual Property Law William van Caenegem 13. Commodifying Sheer Talent: Perverse Developments in the Law’s Enforcement of Restrictive Covenants Joellen Riley 14. Split Entitlements? Intellectual Property Policy for Clusters and Networks Christopher Arup 15. Conclusion William van Caenegem and Christopher Arup Index

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Book SynopsisThe 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union's Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court's decision and the Database Directive, but none have put forth a viable solution or questioned the debate's underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.Table of ContentsContents: Preface PART I: COPYRIGHT AND FACTS: HISTORICAL AND COMPARATIVE PERSPECTIVES 1. Feist, Facts and Functions: Historical Perspective Miriam Bitton 2. The Debate Over Copyright in News and its Effect on Originality Doctrine Robert F. Brauneis 3. Of Silos and Constellations: Comparing Notions of Originality in Copyright Law Elizabeth F. Judge and Daniel J. Gervais PART II: THE FACT: A CONTESTED CONCEPT 4. Two Fallacies about Copyrighting Factual Compilations Michael Steven Green 5. Speaking of the World: Fact, Opinion and the Originality Standard of Copyright Alan L. Durham 6. Created Facts and their Awkward Place in Copyright Law Justin Hughes 7. Copyright and Convergence: A Pragmatic Perspective David McGowan PART III: ALTERNATIVES TO COPYRIGHT: TRADE SECRET, TORT, AND SUI GENERIS PROTECTION OF FACTS 8. The Challenge of Protecting Trade Secret Information in a Digital World Elizabeth A. Rowe 9. The Third Party Problem: Assessing the Protection of Information Through Tort Law Sharon K. Sandeen 10. The Componentization of Information Kristen Osenga Index

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Book SynopsisFollowing decades in which China’s approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play a similar role in promoting innovation in China as they do in the West, exploring the interplay between patents and China’s biotechnology and pharmaceutical industries in particular. The author argues for a stronger patent regime based on an extensive review of the technological capacity, R&D models, patent filings and litigations, and issues in patent law, which involve China’s biotechnology and pharmaceutical industries. By comparing China with other developing countries and analyzing China’s uniqueness in terms of its development stage, technological capacity and the strengths and weaknesses in its patent system, Yahong Li concludes that China is distinguished from the prevailing view that patents play a limited role in innovation in developing countries. The book also discusses whether and how patents can promote innovation in China’s biotechnology and pharmaceutical industries, based on the study of market scale, R&D capacity, innovation model and patent legislation and cases.This comprehensively researched book will be invaluable to multinational biotechnology and pharmaceutical companies either doing business or planning to do business in China. Practitioners and policymakers as well as academics and students specializing in IP law, economics and technology should also not be without this eloquent book.Trade Review‘This volume fills an important need for understanding about the interplay between China’s intellectual property protection system and the potential for innovation in China’s economy. Using examples from the pharmaceutical and biotech industries, the author suggests that, despite the widely documented challenges facing China’s IPR protection system, the system has a demonstrable effect on innovation. The author suggests that China’s patent system promotes innovation through economic incentives, soft factors of public encouragement, and intentional development strategies. This book is also useful as an overview of China’s biotech and pharmaceutical sectors, offering a range of richly detailed case studies on China’s industrial development strategies in these sectors. A number of important patent disputes between Chinese and foreign companies are also examined to useful effect. In the highly contentious policy world of intellectual property protection and pharmaceutical and biotech industry development, the volume offers a refreshing combination of detail and insight.’ -- Pitman B. Potter, University of British Columbia, Canada‘Yahong Li’s pioneering study, Imitation to Innovation in China, breaks new ground in closely examining the extent to which the Chinese government’s patent policies and patent activity by Chinese firms are influencing China’s coming transformation from an imitation-oriented country to an innovation-oriented one. Her combination of theoretical and empirical approaches exploring the links between public policy, patenting activity and technological innovation (commercialization) is an important contribution to development studies, not just for China but for other newly innovative countries as well.’ -- William O. Hennessey, Franklin Pierce Law Center, USTable of ContentsContents: Foreword Preface 1. The Role of Patents in Innovation: Introduction 2. An Overview of China’s Biotechnology and Pharmaceutical Industries 3. Innovation Capacity and Infrastructure 4. Models of R&D and Commercialization 5. The Role of Patents in Innovation: Case Studies 6. Patentable Biotechnology and Pharmaceutical Inventions 7. Patentability of Biotechnology and Pharmaceutical Inventions 8. Patent Rights in Biotechnology and Pharmaceutical Inventions 9. The Role of Patents in Innovation: Further Reflections Index

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Book SynopsisThe intersection of the intellectual property and competition laws presents uniquely complicated legal issues. The entries, from leading judges, government officials, academics, and economists, explore history, the 'new economy', and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements.Trade Review‘. . . Carrier has provided intellectual property and competition scholars and practitioners with an invaluable resource.’Table of ContentsContents: Acknowledgements Introduction Michael A. Carrier PART I HISTORY 1. Herbert Hovenkamp (2005), ‘The Conflict Between Antitrust and Intellectual Property Rights’ PART II NEW ECONOMY 2. Richard A. Posner (2001), ‘Exclusionary Practices (II): The New Economy’ 3. Robert Pitofsky (2001), ‘Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy’ PART III GLOBAL APPROACHES 4. William F. Baxter (1966), ‘Legal Restrictions on Exploitation of the Patent Monopoly: An Economic Analysis’ 5. Ward S. Bowman, Jr. (1973), ‘The Compatibility of Antitrust and Patent Law Goals’ 6. Louis Kaplow (1984), ‘The Patent-Antitrust Intersection: A Reappraisal’ 7. Michael A. Carrier (2002), ‘Unraveling the Patent-Antitrust Paradox’ PART IV SPECIFIC ACTIVITY 8. Herbert Hovenkamp, Mark D. Janis and Mark A. Lemley (2006), ‘Unilateral Refusals to License’ 9. Carl Shapiro (2000), ‘Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting’ 10. Robert P. Merges (2001), ‘Institutions for Intellectual Property Transactions: The Case of Patent Pools’ 11. Michael A. Carrier (2008), ‘Two Puzzles Resolved: Of The Schumpeter – Arrow Stalemate and Pharmaceutical Innovation Markets’ 12. Arti K. Rai (2001), ‘Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust’ 13. Mark A. Lemley (2002), ‘Intellectual Property Rights and Standard-Setting Organizations’ 14. C. Scott Hemphill (2006), ‘Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem’

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Book SynopsisThis fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. ZhangTable of ContentsContents: 1. Introduction: Indigenous Rights and Traditional Knowledge Tania Bubela and E. Richard Gold PART I: THE INTERNATIONAL LEGAL AND POLITICAL LANDSCAPE 2. WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK Associated with Genetic Resources Charles Lawson 3. A Comparative Analysis of Access and Benefits-Sharing Systems Rebecca Crookshanks and Peter W.B. Phillips 4. From Traditional Medicines to Modern Drugs Graham Dutfield PART II: CASE STUDIES Brazil 5. Property Rights, Biocultural Resources and Two Tragedies: Some Lessons from Brazil Edson Beas Rodrigues Jr Kenya 6. Old Wine in New Skin: Traditional Knowledge and Customary Law Under the Evolving Normative Environment in Kenya Kent Nnadozie India 7. Sustaining the Indigenous Knowledge Commons Ashok Kumbamu Canada 8. Canada’s First Nations’ Policies and Practices Related to Managing Traditional Knowledge Peter W.B. Phillips, Sidi Zhang, Tara Williams and Laural DeBusschere 9. Aboriginal Rights and Traditional Ecological Knowledge in Northern Canada Cherie Metcalf and Tania Bubela 10. Respecting and Aligning Knowledge Systems in Northern Canada: Beyond the International Polar Year David S. Hik, Tania Bubela and Scot Nickels PART III: CONCLUSION 11. A Capabilities-based Framework Julia Carbone Index

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Book SynopsisIn this timely title Professor Arti Rai brings together a wide range of articles that reveal the important role of intellectual property law in the formation and development of the dynamic and economically significant biotechnology industry. The collection encompasses theoretical articles that present principles of patent economics important to the industry, articles that discuss the patent law doctrines most relevant to biotechnology and empirical studies on the 'real world' effects of patents and secrecy. These are resonant issues in an ever-expanding field, and will establish this book as an essential reference point for lawyers, researchers and students.Trade Review‘Arti Rai is a wise and pithy scholar of patent jurisprudence. She is an insightful futurist of intellectual property, showing great insight about the implications of new technologies – such as information technology, biotechnology, pharmacogenomics, and synthetic biology. Arti Rai is also a lucid and persuasive advocate of the necessity for patent law reform. This authoritative and carefully researched volume will be essential reading.’ -- Matthew Rimmer, The Australian National UniversityTable of ContentsContents: Acknowledgements Introduction Arti K. Rai PART I THE LAW AND ECONOMICS OF BIOTECHNOLOGY PATENTS: FIRST PRINCIPLES A. Foundational Technologies 1. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 2. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’ B. Anti-commons 3. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anti Commons in Biomedical Research’ 4. John P. Walsh, Ashish Arora and Wesley M. Cohen (2003), ‘Working Through the Patent Problem’ 5. Fiona Murray and Scott Stern (2007), ‘Do Formal Intellectual Property Rights Hinder the Free Flow of Scientific Knowledge? An Empirical Test of the Anti-commons Hypothesis’ 6. Chris Holman (2006) ’Clearing a Path Through the Patent Thicket’ C. Patents and Industrial Organization 7. Ashish Arora and Robert P. Merges (2004), ‘Specialised Supply Firms, Property Rights and Firm Boundaries’ PART II ADDRESSING TRANSACTION COSTS: THE ROLE OF THE UTILITY REQUIREMENT 8. John M. Golden (2001), ‘Biotechnology, Technology Policy, and Patentability: Natural Products and Invention in the American System’ PART III THE ROLE OF INSTITUTIONS: BIOTECHNOLOGY PATENTS AND THE FEDERAL CIRCUIT 9. Arti K. Rai (1999), ‘Intellectual Property Rights in Biotechnology: Addressing New Technology’ 10. Dan L. Burk and Mark A. Lemley (2002), ‘Is Patent Law Technology-Specific?’ PART IV PATENTABLE SUBJECT MATTER 11. Kevin Emerson Collins (2007), ‘Propertizing Thought’ PART V EXPERIMENTAL USE 12. Janice M. Mueller (2001), ‘No ‘’Dilettante Affair’’: Rethinking the Experimental Use Exception to Patent Infringement for Biomedical Research Tools’ PART VI THE ROLE OF SECRECY AND PHYSICAL EXCLUDABILITY 13. John P. Walsh, Wesley M. Cohen and Charlene Cho (2007), ‘Where Excludability Matters: Material Versus Intellectual Property in Academic Biomedical Research’ PART VII COMMERCIALIZATION OF PUBLICLY FUNDED RESEARCH 14. Richard Jensen and Marie Thursby (2001), ‘Proofs and Prototypes for Sale: The Licensing of University Inventions’ 15. Arti K. Rai and Rebecca S. Eisenberg (2003), ‘Bayh-Dole Reform and the Progress of Biomedicine’ PART VIII INTELLECTUAL PROPERTY AND CONSUMER ACCESS 16. Robert Cook-Deegan, Subhashini Chandrasekharan and Misha Angrist (2009), ‘The Dangers of Diagnostic Monopolies’ 17. Henry G. Grabowski, David B. Ridley and Kevin A. Schulman (2007), ‘Entry and Competition in Generic Biologics’ Name Index

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

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Book SynopsisProviding new insight into the ideas surrounding one of the longest running and hotly debated governmental issues the global access to healthcare challenge Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources.The author examines if and how this theory of distribution translates into positive law and analyzes the barriers to legal compliance and global distributive justice in health. Other topics analyzed in this book include: intellectual property and international human rights, and the extent to which the philosophy and structure of each of these normative systems furthers the goal of distributing benefits equitably and globally; the use of strong and original normative landmarks to justify relying on a cosmopolitan approach to global justice based on health needs; and the social, political, economic and legal obstacles and opportunities resulting from the commercialization of the quickly evolving field of genetics. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. As such, it will be of great value to students and scholars interested in health, law, human rights and intellectual property.Trade Review‘Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues, the global access to healthcare challenge, Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. The groundbreaking analysis in Justice in Genetics offers a useful justification for engaging in a global and more equitable redistribution of health-related resources. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. It will be of great value to students and scholars interested in health, law, human rights and intellectual property.’ -- SirReadaLot.org‘This important book breaks new ground in the study of intellectual property and international human rights. It is an important contribution to the debate on how best to distribute equitably the benefits derived from genetic technologies on a global scale.’ -- Duncan Matthews, Queen Mary University of London, UK‘Edward Elgar publishers have again excelled by choosing to publish an essential book.’ -- Sally Ramage, Criminal Law NewsTable of ContentsContents: Foreword Preface Introduction Part I: A Theoretical Framework for Distribution in Health 1. Global Application of Distributive Justice: A Cosmopolitan Approach 2. An Argument for Global Distribution in Health Part II: Some Normative Tools for Distribution in Health 3. International Intellectual Property Law: A First Tool? 4. International Human Rights Law: A Second Tool? Conclusion Bibliography Index

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Book SynopsisThis insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization.Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; BibliographyTrade Review‘Intellectual Property and Antitrust is a thorough, very well written, and conceived book. In a modest 210 pages, the author brings together a deep knowledge on this complex mix of economics and law with the ability to present complicated and dense economic theory and legal reasoning in an informative and easily digestible way. With its clear focus, critical approach, wise brevity, and inclusive argument, this book will certainly provide an excellent source of reference not only for academics but also for advanced students and practitioners.’ -- Riccardo Sciaudone, Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword by Herbert Hovenkamp Introduction 1. Antitrust Law, IPRs and Economics: The Leeway for Policy Choices 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface 3. Ownership of IPRs 4. Predatory System Innovations 5. Refusals to License IPRs 6. IP Judicial and Administrative Processes 7. Conclusion Bibliography Index

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Book SynopsisThis unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights.Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and ?origin related? intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries.Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.Trade Review‘. . . an exhaustively researched and well-intentioned study.’ -- European Intellectual Property Review‘This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.’ -- Peter Drahos, The Australian National UniversityTable of ContentsContents: 1. General Introduction 2. The Protection of Traditional Cultural Expressions with Copyright 3. The Protection of Traditional Cultural Expressions with Trade Marks 4. The Protection of Traditional Cultural Expressions with Certification Marks and Collective Marks 5. Fair Trade Labelling 6. The Protection of Traditional Cultural Expressions with Geographical Indications 7. The Protection of Traditional Cultural Expressions with Passing Off and Laws Against Misrepresentation 8. Summary and Conclusions Bibliography Index

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Book SynopsisAs the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.Trade Review‘The growth of the global information economy has opened up a series of conflicts between civil society advocates on the one hand, and commercial interests seeking to expand intellectual property rights on the other. Jacqui Lipton has provided a wide-ranging and thoughtful analysis of the clash between commercial values and broader social values unfolding within the administration of the Internet domain name system. Lipton’s analysis is both rigorous and balanced, evaluating the development of the ICANN dispute resolution system and its impact on national laws, as well as considering possible future directions in the regulation of domain name rights and different dignitary interests.’ -- Jane K. Winn, University of Washington, School of Law, USTable of ContentsContents: Preface Introduction 1. Overview of Domain Name Regulation 2. Competing Trademark Interests 3. Domain Names and Free Speech 4. Personal Names in the Domain Space 5. Political, Cultural and Geographic Identifiers in the Domain Space 6. The Boundaries of Bad Faith in the Domain Space 7. Domain Name Theory 8. Conclusions Index

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Book SynopsisIn the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.Trade Review‘. . . very refreshing. . . a valuable contribution to the debate.’ -- European Intellectual Property Review‘The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy.’ -- Madhu Sahni, Journal of Intellectual Property Rights‘Gathering together essays by leading commentators, Professor Willem Grosheide’s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues.’ -- Graeme Austin, University of Arizona, USTable of ContentsContents: Preface PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS 1. General Introduction Willem Grosheide 2. Human Rights Law Status Report Cees Flinterman 3. Expansion and Convergence in Copyright Law Madeleine de Cock Buning 4. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS 5. Introduction Jerzy Koopman COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION – DIFFERING VIEWS 6. Is Copyright Fit for the 21st Century? No! Joost Smiers 7. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews 8. On Patents and Human Rights Jan Brinkhof 9. Current Patent Laws Cannot Claim the Backing of Human Rights Wendy J. Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS 10. Introduction Lucky Belder COPYRIGHT LAW AND PATENT LAW: TO ITS ENFORCEMENT – DIFFERING VIEWS 11. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown 12. Human Rights’ Limitations in Patent Law Geertrui Van Overwalle 13. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis 14. A Comment on ‘Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge’ Martin J. Adelman Index

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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 Synopsis'A historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.'- Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.'- Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancun, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change.This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation - including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyzes the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book. Contents:PrefaceIntroduction:The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and EcomaginationPart I: International Law1. The Copenhagen Accord and the Cancun Agreements: Intellectual Property, Technology Transfer, and Climate Change2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism3. Energy Poverty: The World Intellectual Property Organization and The Development AgendaPart II: Patent Law4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks5. The Toyota Prius: Hybrid Cars, and Patent Trolls6. 'Clean Energy for America, Power Up America': Patent Law and Compulsory LicensingPart III: Innovation7. Climate Innovation Centres: Patent Law and Public Sector Licensing8. The Eco-Patent Commons: Patent Pools, Clearing-Houses, and Open Innovation9. Environmental Prizes: The H-Prize, the L-Prize, and the X-PrizeConclusion: Intellectual Property and Climate LawBibliographyIndexTrade Review'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.'- Eva Hemmungs Wirten, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' - --Benjamin K. Sovacool, National University of SingaporeTable of ContentsContents: Preface Introduction: The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and Ecomagination Part I: International Law 1. The Copenhagen Accord and the Cancún Agreements: Intellectual Property, Technology Transfer, and Climate Change 2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism 3. Energy Poverty: The World Intellectual Property Organization and the Development Agenda Part II: Patent Law 4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks 5. The Toyota Prius: Hybrid Cars, and Patent Trolls 6. ‘Clean Energy for America, Power up America’: Patent Law and Compulsory Licensing Part III: Innovation 7. Climate Innovation Centres: Patent Law and Public Sector Licensing 8. The Eco-Patent Commons: Patent Pools, Clearing Houses, and Open Innovation 9. Environmental Prizes: The H-Prize, the L-Prize, and the X-Prize Conclusion: Intellectual Property and Climate Law Bibliography Index

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Book SynopsisIntellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.Trade Review‘Intellectual Property and Sustainable Development is a 459-page compendium cooperatively compiled and edited book featuring informed and informative perspectives from an impressive roster of academicians and experts on a range of intellectual property issues from international case studies drawn from Africa, Asia, Central America, and the Middle East. Enhanced with an extensive bibliography and a comprehensive index, Intellectual Property and Sustainable Development is a seminal work that is especially recommended for academic, corporate, and governmental reference libraries in general, and the reading lists of policy-makers, trade negotiators, and intellectual property attorneys in particular.' -- Michael Dunford, The Midwest Book Review'This is a thought-provoking book with relevance to a broad readership, especially IP practitioners with a strong international focus.' -- Australian Intellectual Property Law BulletinTable of ContentsContents: Introduction PART I: THE NEW IP LANDSCAPE Section 1: A General Perspective 1. Rights in Basic Information Peter Jaszi Section 2: Taking up Reform 2. The Politics of Reform in Developing Countries Carolyn Deere 3. Intellectual Property Reforms in China Peter K. Yu 4. A Perspective on Reform in Arab Countries Ahmed Abdel Latif Section 3: Implications for Drug Pricing 5. A Review of the Economic Literature Keith E. Maskus PART II: POLICY CHALLENGES IN THE SOUTH Section 1: The Pharmaceutical Sector 6. The Case of the Generic Industry in India Biswajit Dhar and K.M. Gopakumar 7. TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand Jakkrit Kuanpoth 8. The Ability to Utilize TRIPS Flexibilities in Sub-Saharan African Countries Tenu Avafia, Jonathan Berger and Trudi Hartzenberg Section 2: The Protection of Life Forms and Traditional Knowledge 9. Genetic Use Restriction Technologies and Sustainable Development in Eastern and Southern Africa Patricia Kameri-Mbote and James Otieno-Odek 10. Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia Daniel Robinson Section 3: Geographical Indications 11. Indications of Geographical Origin in Asia: Legal and Policy Issues to Resolve Dwijen Rangnekar Section 4: Access to Knowledge and the Role of Research Institutes 12. Education and Access to Knowledge in Southern Africa Andrew Rens, Achal Prabhala and Dick Kawooya 13. Innovation and Public Research in Central American Countries Jorge Cabrera PART III: RESPONSES TO THE TRIPS-PLUS WORLD 14. Promoting Checks and Balances Carsten Fink 15. A Model Law for the Protection of Undisclosed Data Carlos M. Correa 16. Enforcement Provisions of EPAs Sisule F. Musungu Bibliography Index

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Book SynopsisThe enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.Table of ContentsContents: Preface PART I: THE IP ENFORCEMENT DEBATE 1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries Viviana Muñoz Tellez 2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights Xuan Li 3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights Henning Grosse Ruse-Khan 4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement Xuan Li PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT 5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina Carlos M. Correa 6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence) Joshua D. Sarnoff 7. Enforcement for Development: Why Not an Agenda for the Developing World? Hong Xue PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES 8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization Henrique Choer Moraes 9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective Yusong Chen 10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations Xuan Li and Carlos M. Correa Bibliography Index

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Book SynopsisThis invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.Trade Review‘This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law. This leads not only to a well-structured and complete overview of the area that is extremely legible, but also to a well balanced view on where policy in this area should lead us.’ -- Paul L.C. Torremans, University of Nottingham, UKTable of ContentsContents: Preface Introduction 1. Cultural Property and Restitution: The Theories of Cultural Nationalism and Cultural Internationalism 2. International Conventions 3. European Union Law 4. Other Sources of Regulation and the Role of International Organisations 5. Dispute Resolution in Cultural Property Cases 6. Evolution and Basic Trends Conclusion Bibliography Index

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Book SynopsisThe enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.Table of ContentsContents: Preface PART I: THE IP ENFORCEMENT DEBATE 1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries Viviana Muñoz Tellez 2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights Xuan Li 3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights Henning Grosse Ruse-Khan 4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement Xuan Li PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT 5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina Carlos M. Correa 6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence) Joshua D. Sarnoff 7. Enforcement for Development: Why Not an Agenda for the Developing World? Hong Xue PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES 8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization Henrique Choer Moraes 9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective Yusong Chen 10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations Xuan Li and Carlos M. Correa Bibliography Index

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Book SynopsisIndia's 2005 adoption of a TRIPS-consistent patent regime will reveal whether Indian generic pharmaceuticals companies will continue to supply essential drugs for developing nations such as Thailand, who are reliant on India for the supply of cheap medicines. Patent Rights in Pharmaceuticals in Developing Countries investigates the public policy and public health implications of pharmaceutical patenting in countries such as India and Thailand. The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area. Broadly accessible, the work will appeal to advanced undergraduate and postgraduate students, as well as researchers and academics in fields such as intellectual property law, public health, industrial economics, development studies and political science. National policymakers and government officials, as well as professionals based in international organizations and pharmaceutical industries, will also find this exciting work of great interest.Trade Review‘Dr Kuanpoth’s book is an erudite and constructive contribution to the debate on patents and public health. The book’s focus on India and Thailand, both of which have sought actively to balance patent rights with public health goals, provides some valuable findings that should lead to more sensitive intellectual property policymaking in the developing and developed worlds.’ -- Graham Dutfield, University of Leeds, UKTable of ContentsContents: Introduction 1. Patent System Overview 2. Patents and their International Application 3. Patent Rules and Procedures: Indian Law 4. Patent Rules and Procedures: Thai Law 5. Patent Protection for Pharmaceuticals: The Case of India 6. Patent Protection for Pharmaceuticals: The Case of Thailand 7. Patents and Access to Essential Medicines 8. Comparative Analysis Bibliography Index

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