Intellectual property law Books

Book SynopsisHIV/AIDS remains a major global health problem, despite the progress made in its prevention and treatment. Addressing this problem is not only a matter of more and better drugs, they need to be widely accessible and be affordable to the poor. This book makes, with a much welcomed interdisciplinary approach, an excellent contribution to understanding how the intellectual property regime can influence health policies and the lives of millions of people affected by the disease. The analysis provided by the various authors that contributed to this book will be of relevance not only to those working in the area of HIV/AIDS, but to those more broadly interested in public health governance and the role of intellectual property rights.'- Carlos Correa, University of Buenos Aires, Argentina'This is an important, innovative and, at times, controversial collection. Inter-disciplinary in approach, this collection will have appeal to those concerned with the global injustice in the context of HIV/AIDS. Investigating the legal, political and economic determinants of access to essential medicines, this is thought provoking collection which will resonate with many in both the academic and public policy community.'- Bryan Mercurio, The Chinese University of Hong KongThis important book brings together leading scholars from multiple disciplines, including intellectual property, human rights, public health, and development studies, as well as activists to critically reflect on the global health governance regime.The Global Governance of HIV/AIDS explores the implications of high international intellectual property standards for access to essential medicines in developing countries. With a focus on HIV/AIDS governance, the volume provides a timely analysis of the international legal and political landscape, the relationship between human rights and intellectual property, and emerging issues in global health policy. It concludes with concrete strategies on how to improve access to HIV/AIDS medicines.This interdisciplinary, global, and up-to-date book will strongly appeal to academics in law, international relations, health policy and public policy, as well as students, policymakers and activists.Contributors include: F.M. Abbott, O. Aginam, T. Amin, L. Biron, A. Denburg, G.E. Evans, J. Harrington, J. Harrison, K. Lee, K.C. Shadlen, P.K. YuTrade Review‘The different chapters are presented in a coherent manner and are all characterized by a precise yet easy to understand language that makes the book an enjoyable and accessible read for researchers and students alike.’ -- Queen Mary Journal of Intellectual Property‘HIV/AIDS remains a major global health problem, despite the progress made in its prevention and treatment. Addressing this problem is not only a matter of more and better drugs, they need to be widely accessible and be affordable to the poor. This book makes, with a much welcomed interdisciplinary approach, an excellent contribution to understanding how the intellectual property regime can influence health policies and the lives of millions of people affected by the disease. The analysis provided by the various authors that contributed to this book will be of relevance not only to those working in the area of HIV/AIDS, but to those more broadly interested in public health governance and the role of intellectual property rights.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This is an important, innovative and, at times, controversial collection. Inter-disciplinary in approach, this collection will have appeal to those concerned with the global injustice in the context of HIV/AIDS. Investigating the legal, political and economic determinants of access to essential medicines, this is a thought provoking collection which will resonate with many in both the academic and public policy community.’ -- Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction Obijiofor Aginam and John Harrington 2. Communitarian Globalism and Disease: A Normative Orientation for Global Health Governance Obijiofor Aginam 3. Is AIDS Treatment Sustainable? Kenneth C. Shadlen 4. Access to Paediatric Medicines: The Global Political Economy of Drug Production and Supply for Children in the Developing World Avram Denburg and Kelley Lee 5. Trade Agreements, Intellectual Property and Access to Essential Medicines: What Future Role for the Right to Health? James Harrison 6. Re-visiting the Patents and Access to Medicines Dichotomy: An Evaluation of TRIPs Implementation and Public Health Safeguards in Developing Countries Tahir Amin 7. Seizure of Generic Pharmaceuticals in Transit Based on Allegations of Patent Infringement: A Threat to International Trade, Development and Public Welfare Frederick M. Abbott 8. Patent Licensing Strategies for the Research and Development of Pharmaceuticals in Developing Countries Gail E. Evans 9. Increasing Access through Incentives for Innovation: The Health Impact Fund Laura Biron 10. Building IPC4D to Promote Access to Essential Medicines Peter K. Yu 11. The Global Governance of HIV/AIDS and the Rugged Road Ahead: An Epilogue Peter K. Yu Appendices Index

Read more less

Book SynopsisThe internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on internet governance, written by the leading scholars in the field.With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality.Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for internet governance in national governments and intergovernmental organizations.Contributors: J.M. Bauer, A. Brown, I. Brown, L. Bygrave, J. Cave, N. Economides, L. Edwards, A.M. Froomkin, G. Greenleaf, J. Hofmann, G. Hosein, R.F. Jørgensen, C.T. Marsden, A. Matwyshyn, T.J. McIntyre, M. Mueller, A. Powell, J. Tåg, M. van Eeten, R.H. Weber, M. ZiewitzTable of ContentsContents: PART I: INSTITUTIONS AND NETWORKS OF GOVERNANCE 1. A Prehistory of Internet Governance Malte Ziewitz and Ian Brown 2. ICANN and the Domain Name System after the ‘Affirmation of Commitments’ A. Michael Froomkin 3. Internet Addressing: Global Governance of Shared Resource Spaces Milton Mueller 4. Information Governance in Transition: Lessons to be Learned from Google Books Jeanette Hofmann 5. The Legitimacy and Accountability of the Internet’s Governing Institutions Rolf H. Weber 6. Network Neutrality and Network Management Regulation: Quality of Service, Price Discrimination, and Exclusive Contracts Nicholas Economides and Joacim Tåg 7. Policy and Regulatory Requirements for a Future Internet Jonathan Cave 8. Contract vs. Statute in Internet Governance Lee Bygrave 9. Argument-by-Technology: How Technical Activism Contributes to Internet Governance Alison Powell PART II: HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 10. Data Protection in a Globalised Network Graham Greenleaf 11. Revisiting Policy Laundering and Modern International Policy Dynamics Gus Hosein 12. Child Abuse Images and Cleanfeeds: Assessing Internet Blocking Systems T.J. McIntyre 13. Privacy, Law, Code and Social Networking Sites Lillian Edwards 14. An Internet Bill of Rights? Rikke Frank Jørgensen 15. Human Rights, Competition Law, and Access to Essential Technologies Abbe Brown PART III: NETWORKED CONTROL 16. The New Intermediation: Contract, Identity, and the Future of Internet Governance Andrea Matwyshyn 17. Network Neutrality: A Research Guide Christopher T. Marsden 18. Enhancing Incentives for Internet Security Michael van Eeten and Johannes M. Bauer Index

Read more less

Book SynopsisCode Wars recounts the legal and technological history of the first decade of the P2P file sharing era, focusing on the innovative and anarchic ways in which P2P technologies evolved in response to decisions reached by courts with regard to their predecessors. With reference to US, UK, Canadian and Australian secondary liability regimes, this insightful book develops a compelling new theory to explain why a decade of ostensibly successful litigation failed to reduce the number, variety or availability of P2P file sharing applications - and highlights ways the law might need to change if it is to have any meaningful effect in the future. A genuine interdisciplinary study, spanning both the law and information technology fields, this book will appeal to intellectual property and technology academics and researchers internationally. Historians and sociologists studying this fascinating period, as well as undergraduate and graduate students who are working on research projects in related fields, will also find this book a stimulating read. Contents: Foreword by Jane C. Ginsburg 1. Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted Attacks on the US Secondary Liability Law 4. The Targeted Response 5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why Rights Holders Would Never Have Sued a P2P Provider under UK or Canadian Law (and why the Australian law was just right) 7. The End of the Road for Kazaa 8. Endgame: More P2P Software Providers than Ever Before 9. Can the Secondary Liability Law Respond to Code's Revolutionary Nature? Bibliography IndexTrade ReviewWith a combination of acute observation, close analysis and clear-headed honesty, Rebecca Giblin leads the reader to share her conclusion that there is no legislative, judicial, commercial or technical panacea for copyright infringement which P2P software facilitates, but that even now it is not too late to improve the manner in which the rights-owning and distribution sectors address the challenges that P2P poses. --Jeremy Phillips, Olswang, and Intellectual Property Institute, UKGiblin is very interesting and detailed in her descriptions of the nature of the software developed by Napster, Aimster and Grokster associates and how it evolved to minimise risk of liability as the case law unfolded. . . The book is well worth reading because it not only deals authoritatively with the law and its development in this area, but also describes very well the technologies that supported the various P2P protocols, and the way in which they were designed to best avoid liability as it was understood at each point in time. Although the story is far from over, the book is multi-dimensional and unlikely to become dated as quickly as the software it describes. --Jim Holmes, Telecommunications Journal of AustraliaTable of ContentsContents: Foreword by Jane C. Ginsburg 1. Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted Attacks on the US Secondary Liability Law 4. The Targeted Response 5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why Rights Holders Would Never Have Sued a P2P Provider under UK or Canadian Law (and why the Australian law was just right) 7. The End of the Road for Kazaa 8. Endgame: More P2P Software Providers than Ever Before 9. Can the Secondary Liability Law Respond to Code’s Revolutionary Nature? Bibliography Index

Read more less

Book Synopsis'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla s book makes a valuable contribution to the debate.' --Graham Dutfield, University of Leeds, UK'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while the food insecurity seem to be a constant companion to many in spite of decades of our work on securing food as a fundamental right for the poor.'-- Balakrishna Pisupati, United Nations Environment Programme, Kenya'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.'-- Duncan Matthews, Queen Mary University of London, UKThis well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security.Claudio Chiarolla analyzes developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared.This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, and biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.Contents: 1. Introduction and Overview; 2. Patents, Agricultural Innovation and Sustainable Development; 3. Plant Intellectual Property Protection: Patents and Plant Variety Rights; 4. The International Legal Framework of Access to Plant Genetic Resources and Benefit Sharing; 5. Case Study: The Regulation of Crop Diversity in Viet Nam; 6. Conclusions; Bibliography; IndexTrade Review‘The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla’s book makes a valuable contribution to the debate.’ -- Graham Dutfield, University of Leeds, UK‘This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while food insecurity seems to be a constant companion to many, in spite of decades of our work on securing food as a fundamental right for the poor.’ -- Balakrishna Pisupati, United Nations Environment Programme, Kenya‘This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author’s detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Introduction and Overview 2. Patents, Agricultural Innovation and Sustainable Development 3. Plant Intellectual Property Protection: Patents and Plant Variety Rights 4. The International Legal Framework of Access to Plant Genetic Resources and Benefit Sharing 5. Case Study: The Regulation of Crop Diversity in Viet Nam 6. Conclusions Bibliography Index

Read more less

Book SynopsisSince the 1980s, China has worked to develop the technology commercialization capacity of its universities. Progress has occurred, but university technology commercialization remains on the periphery of Chinese economic development. Because university technology commercialization is predominantly a 'law-based' strategy, the authors examine whether China's legal system adequately supports such efforts. Since the law does not operate in isolation, the authors conduct their analysis through the lens of China's overall innovation system. This holistic approach enables the authors first to provide a more accurate analysis of the Chinese legal system's ability to support university technology commercialization and also to generate useful insights on the strengths, weaknesses and future of the country's commercialization efforts. One of the problems with analyzing inherently complex systems - like that of China's innovation system - is the need for expertise from a very broad range of disciplines. In that vein, Shaping China's Innovation Future employs a thorough analysis of a combination of factors including: the role of law and China's legal system; economic theory and the development of China's economy; China's educational, intellectual property, and financial systems; China's innovation capacity; and Chinese culture. Though the recommendations on how to improve China's technology commercialization system are unique for China, the scope of the research makes the conclusions found here applicable to other countries facing similar challenges. This unique analysis will be of significant interest to policymakers in China and other developing countries who are seeking to increase their level of technology-based economic development; academics studying China, China's legal system, university technology transfer, national innovation systems, entrepreneurialism, international intellectual property, or international economic development; and Chinese scientists and entrepreneurs and those wishing to work with them.Table of ContentsContents: Preface 1. Universities, Technology Commercialization and Innovation Systems Part I: China’s Innovation System: Mao, Markets and the Growing Prominence of Chinese Universities 2. Developing a Market-based Innovation System 3. A Snapshot of China’s Current Innovation System Part II: The Legal and Policy Environment for Commercializing University Technology in China 4. Developing a Legal System that Supports the Market-based Transactions of Bayh–Dole Strategy 5. China’s Intellectual Property Regime has Come of Age 6. China’s Bayh–Dole System 7. Planning to be an Innovative Nation – China’s National S&T Plan and its Impact on China’s Bayh–Dole System 8. China’s Emerging Venture Capital Industry Part III: The Future 9. Increasing the Technology Commercialization Capacity of Chinese Universities Conclusion Index

Read more less

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

Read more less

Book SynopsisThis concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume –- Research Handbook on the Protection of Intellectual Property under WTO Rules - – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.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 INTERPRETATION, ENFORCEMENT AND IMPLEMENTATION 1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS Agreement Susy Frankel 2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications Xuan Li 3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive Relief Joshua D. Sarnoff 4. Accession to the WTO, Intellectual Property Rights and Domestic Institutions Ermias Tekeste Biadgleng 5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations David Vivas-Eugui and María Julia Oliva 6. United States – Section 110(5) of the US Copyright Act: Summary and Analysis Dalindyebo Shabalala 7. WTO Panel on United States – Section 110(5) of the US Copyright Act Maximiliano Santa Cruz 8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes Viviana Muñoz Tellez 9. Canada – Patent Protection of Pharmaceutical Products Pedro Roffe and Christoph Spennemann 10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 Dispute Christophe Charlier Index

Read more less

Book SynopsisDesigns have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the ever-increasing financial benefits of holding exclusive exploitation rights for the most significant designs, the importance of protecting such designs cannot be understated. International Design Protection is an international compendium of design law in a selection of major jurisdictions. It covers the applicability of registered and unregistered design rights and ancillary protection by copyright and trademarks. It also deals with the practicalities of design protections and the enforcement of design rights, including qualification for protection, infringement, design infringement litigation, licensing and exploitation. Written by a team of leading specialists in design law, this updated second edition reflects recent developments across a number of jurisdictions and is an essential practical guide to navigating this complex and fascinating field.Table of ContentsPreface 5 Clive Thorne Baker Botts LLP Australia 7 Tim Webb Clayton Utz Belgium 23 Karel Nijs Pierstone Philippe Péters NautaDutilh Brazil 37 Simone Lahorgue Nunes Levy & Salomão Advogados Canada 51 Gina Demczuk Canadian Competition Bureau Stuart C McCormack Barrister and solicitor Denmark 67 Claus Barrett Christiansen Anne Dahl Hansen Maria Rose Kristensen Bech-Bruun Finland 83 Kukka Tommila Properta Attorneys Ltd France 95 Stefan Naumann Hughes Hubbard & Reed LLP Germany 103 Moritz Hüsch Heymann & Partner Rechtsanwälte Katharina Scheja Dentons LLP Hong Kong 117 Anna Mae Koo Vivien Chan & Co India 133 Amita Arora Archana Shanker Anand and Anand Israel 153 Shlomo Cohen Dr Shlomo Cohen & Co Italy 161 Massimiliano Pappalardo D&P Studio Legale Japan 173 Takamitsu Shigetomi Oh-Ebashi LPC & Partners Netherlands 183 Thijs van Aerde Houthoff Buruma New Zealand 195 Paul Sumpter Chapman Tripp Russia 205 David Aylen Gowling WLG Russia/CIS Singapore 245 Alban Kang Bird & Bird ATMD LLP South Africa 259 Lodewyk Cilliers Owen Dean Spoor & Fisher Sweden 269 Michael Plogell Plogell Advokatbyrå Erik Ullberg Wistrand Advokatbyrå Turkey 281 Ug˘ur Aktekin Mutlu Yıldırım Köse Gün + Partners United Kingdom 293 Clive Thorne Baker Botts LLP United States 311 Jared Bunker Lynda Zadra-Symes Knobbe Martens About the authors 327

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisEva-Marie König greift die Diskussion um eine Vereinheitlichung des Urheberrechts in Europa auf und widmet sich dem Herzstück des Urheberrechts, dem Werkbegriff. In einem Vergleich des britischen, französischen und deutschen Rechts untersucht sie die Anforderungen an den urheberrechtlichen Schutz. Zudem unterzieht sie die europäischen Richtlinien und die Entscheidungen des Europäischen Gerichtshofs zum Werkbegriff einer kritischen Würdigung. Ihre Auswirkungen auf die Rechtspraxis in den ausgewählten Mitgliedsstaaten werden eingehend beleuchtet. Anhand des Rechtsvergleichs entwickelt die Autorin Kriterien für eine etwaige Harmonisierung der zentralen Schutzvoraussetzung, der Originalität. Außerdem analysiert sie deren Wechselwirkung mit weiteren neuralgischen Punkten des urheberrechtlichen Werkbegriffs und schließt mit Vorschlägen für eine weitere Harmonisierung des Werkbegriffs in Europa.Für die vorliegende Arbeit erhält Eva-Marie König den Heinrich-Hubmann-Preis der VG WORT 2015.

Read more less

Book SynopsisDas Urheberrecht ist heutzutage europäisch geprägt. Der EuGH konkretisiert im Rahmen einer autonomen Auslegung zunehmend unbestimmte Rechtsbegriffe. Dies hat unter anderem Auswirkungen auf die Rechte der öffentlichen Wiedergabe und der öffentlichen Zugänglichmachung, den Werkbegriff und die Privatkopieschranke. Verena Roder systematisiert die EuGH-Rechtsprechung zum Urheberrecht und leistet einen Beitrag zur europäischen Methodik. Sie untersucht die Urteilsbegründungen des EuGH. Hervorzuheben sind die Ausführungen zur Bedeutung des Völkervertragsrechts mit seiner Direktivwirkung auf das europäische Sekundärrecht. Die rechtlichen Leitlinien, die der EuGH entwickelt, können im Urheberrecht auf eine Fülle von Konkretisierungsmaterial gestützt werden, auch auf einen systematischen Zusammenhang verschiedener Rechtsakte. Die Autorin arbeitet die besondere Bedeutung des vorgelegten Sachverhalts für die Auslegungsentscheidung heraus. Abgerundet wird die Untersuchung durch einen Blick auf die kompetenzrechtliche Problematik derartiger Vorlageentscheidungen.Die vorliegende Arbeit wurde mit dem Telekom-Preis für Zivilrecht 2016 ausgezeichnet.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThis volume deals comprehensively with the question whether it has been possible to strike a reasonable balance of interests in design law. It takes a look at the system as a whole and explains how the different, intermeshed regulatory regimes influence each other. Under design law, the legal practitioners have to comply with a complex methodological framework. The study describes this framework and dispels any misconceptions about it. The core of the study is the analysis of codified barriers. It also presents solutions for unregulated issues. The aim of the book is to draw a comprehensive and clear picture of the issue.

Read more less

Book SynopsisBook culture always has been a driving force for the development of copyright law. Therefore, it is not surprising that there is a strong consideration of books as cultural assets not only in competition law and the law of taxation but also in copyright law. A current analysis reveals that the digital format of literature has a significant impact on the coordination of authors'', readers'' and intermediaries'' interests that is intended by copyright law. Next to the collective rights management and despite adjustments by the German legislature, there are still legal gaps within current German copyright law that lead to indirect discrimination between books in a digital or non-digital format. Once again, by developing alongside the digital society, the book culture may sensitize for a modern copyright law.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThis volume covers a range of topics addressing aspects of the current status of intellectual property (IP) protection regimes in the Gulf Cooperation Council and its individual member states, and aspiring GCC members Jordan and Yemen. IP is presented as a crucial part of commercial and trade activity which the GCC needs to address.

Read more less

Book Synopsis

Read more less

Book SynopsisThe purpose of writing this book is to make available a textbook in IPR for all college and university students.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe present work stands out in that it provides formulae in conjunction with real-world data for simplified comprehension. This book is primarily intended for postgraduate and research scholars in Quantitative Genetics. A thorough examination of the book will yield a clear understanding of data interpretation and the formulation of breeding strategies.

Read more less

Book SynopsisExploring intellectual property management for competitive advantage through patents, copyrights, trademarks, and trade secrets. Discusses frameworks, strategic use, commercial exploitation, and risk management. Aimed at postgrad students, IPR professionals, and corporate decision makers.

Read more less

Book SynopsisManaging Intellectual Property: The Strategic Imperative (2nd Edition) provides a strategic framework for IP management in Indian industry, covering concepts, commercial exploitation, risk management, and new chapters on IP Rights and Market Regulations. Aimed at postgraduate students, professionals, and corporate decision makers.

Read more less

Book Synopsis

Read more less

Book SynopsisCovers areas such as patents, trade marks, copyright, designs, geographical indications, semiconductors, integrated circuits layout design and protection of plant varieties and farmers rights.

Read more less

Book SynopsisBusiness and Intellectual Property reflects on the future of Intellectual Property (IP) in the age of new media and shows how—in a rapidly changing business field—managers and decision-makers need to be more perceptive, agile, and vigilant than ever before. Drawing on contemporary business affairs and strategies, it explores the nature and scope of IP and the evolution of national laws and global agreements like the TRIPs to protect it. It also explores measures (use of patents, copyright, and trademarks) used by some of the biggest brands—Coke, MGM, 20th Century Fox, Microsoft, Harrods, Maruti, Tata—to manage disputes and protect themselves. Accessible, clear, and using a wide range of case studies, Business and Intellectual Property gives an excellent overview of a subject that is becoming a key aspect of many businesses today.The IIM Ahmedabad Business Books bring key issues in management and business to a general audience. With a wealth of information and illustrations from contemporary Indian businesses, these non-academic and user-friendly books from the faculty of IIM Ahmedabad are essential corporate reading.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe present work is unique in that sense it gives formulae along with actual data analyzed for the easy understanding. This book is mainly meant for post graduate and research scholars in Quantitative Genetics. A careful perusal of the book will give clear cut idea about the interpretation of the data and formulation of breeding strategies.Table of Contents01. Genetic Variation 02. Correlation and Causation 03. Discriminant Function Analysis 04. Stability Analysis 05. Genetic Divergence 06. Combining Ability 07. Genetic Analysis of F1 Generation 08. Graphic Analysis in F1 Generation 09. Genetic Analysis of Early Segregating Generations 10. Genetic Analysis of Back Cross F1 Populations 11. Genetic Analysis of Triple Test Cross Progenies 12. Genetic Analysis of Biparental Progenies

Read more less

Book SynopsisManju Pathak is presently a Professor of Biotechnology at Amity University, Noida. Earlier to this, she was a Professor of Biotechnology at Vellore Institute of Technology (VIT) University, Vellore, Tamilnadu.Table of Contents01. Introduction to IPR 02. Patent Specification Drafting 03. IPR Issues 04. Patent Applications 05. Patent Bodies 06. Other Fields of Intellectual Property Protection 07. Diagrammatic Presentation of Processes Involved in Obtaining an Indian Patent

Read more less

Book Synopsis

Read more less