Intellectual property law Books

Book SynopsisTrade Review‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’ -- Pedro De Miguel Asensio, Complutense University of Madrid, Spain'For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.' -- Rochelle Dreyfuss, New York University, US‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’ -- Paul Torremans, University of Nottingham, UK‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’ -- Marta Pertegás Sender, Maastricht University, the NetherlandsTable of ContentsContents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index

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Book SynopsisTrade Review'Counterfeiting is a plague that is growing, and will soon exceed trillions of dollars of stolen top line revenue from major organizations world wide. This book documents the hidden players behind this problem, and documents the level of organized crime that is implicit in this work. This is a fascinating tale of the “behind the scenes” activities that are producing a steady stream of counterfeit goods, and how organizations need to act to curb this black tide.’ -- Robert Handfield, North Carolina State University, US‘A comprehensive examination of the international trade in counterfeit goods and the links to international organized crime. Covering mainly trademark infringement but including copyright, Professor Blakeney’s long experience in this field make him an ideal assessor of the factors involved and apposite case studies underline the significance of the phenomenon leading to a succinct “Way Forward”.’ -- John Anderson, The Global Anti-Counterfeiting Group, France‘The links between organised crime and counterfeits have become an issue of crucial importance to international trade and intellectual property enforcement. In this book, Blakeney brings a wealth of experience, critical insight and sustained analysis to his examination of the complex legal and socio-economic environments involved.’ -- Phillip Johnson, Cardiff University, UKTable of ContentsContents: Preface PART I DEFINITIONS, METRICS AND ANTI-COUNTERFEITING LEGISLATION 1 Definitions and metrics 2 The trade in counterfeit products 3 Impacts of counterfeiting: commercial, fiscal and socio-economic 4 Counterfeiting and public order 5 Counterfeiting and international IP legislation 6 National legislation and counterfeiting 7 Border control of counterfeits PART II CONFISCATION OF THE PROCEEDS OF COUNTERFEITING 8 International confiscation legislation and intellectual property crime 9 National confiscation laws PART III CASE STUDIES 10 Medicines and pharmaceuticals 11 Food 12 Wines and spirits 13 Luxury goods 14 Other counterfeits PART IV RECOMMENDATIONS 15 The way forward Index

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Book SynopsisTrade Review‘If the COVID pandemic had a silver lining, it’s that it led us to reconsider exclusive rights as the principal mechanism for encouraging innovation. This book is a brilliant contribution to that analysis. In its pages, scholars from around the globe discuss flexibilities in the current IP regime and offer new approaches, both inside and outside that system, to improve access.’ -- Rochelle Dreyfuss, New York University School of Law, USTable of ContentsContents: IPR in times of crisis – lessons learned from the Covid-19 pandemic: An introduction xi Jens Schovsbo 1 The COVID-19 TRIPS waiver and the WTO Ministerial Decision 1 Peter K. Yu 2 Two decades after Doha: Compulsory licence and the Waiver Proposal under the COVID-19 pandemic 26 Cindy Zheng and Angelia Jia Wang 3 Unblocking the human right to access the benefits of science in the Covid-19 era 59 Genevieve Wilkinson and Evana Wright 4 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 83 Helen Yu 5 Patent pools: A licensing option for medicines and vaccines in times of a crisis? 104 Agnieszka Sztoldman 6 Adequate remuneration for Crown use of patents: Some guidance from constitutional property law 122 Mikhalien du Bois 7 Copyright and COVID 140 Sean M. Flynn 8 Do we need another copyright or another science? (Re) interpreting the right to science for scholarly publishing 153 Klaus D. Beiter 9 An international instrument on copyright and educational uses: Regulatory models and lessons 182 Faith Majekolagbe and Giulia Priora 10 Revitalising the UK music industries in the aftermath of Covid-19: A feminist critique of music copyright 204 Metka Potočnik

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

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Book SynopsisTrade Review‘Highly informative and academically convincing, the new book by Michael Blakeney and Getachew Mengistie Alemu brilliantly analyses the intricate web of IP rules and policies affecting the African continent and its states. Readers will be delighted learning about how IP regimes affect entrepreneurship in Africa and their intersection and clash with economic development targets and overriding public goods including public health, culture, education, food security and biodiversity conservation.’ -- Enrico Bonadio, City, University of London, UK‘Much has been written about the impact of the intellectual property and trade paradigm but not much about its impact on African countries. The two authors, both of great experience and scholarship, show the reader in a clear and systematic fashion how the paradigm matters to Africa and its people.’ -- Peter Drahos, European University Institute, ItalyTable of ContentsContents: 1 Overview of the socio-economic profile of and challenges faced by African countries 2 Sub-regional and regional trade agreements 3 African Continental Free Trade Agreement 4 The intellectual property system in Africa 5 African continental intellectual property arrangements 6 FTAs and African IP arrangements 7 African countries’ membership of international IP agreements 8 Biodiversity 9 Preserving Africa’s culture 10 FTAs, IP, and economic development Index

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

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Book SynopsisThis pioneering book explores the relationship between intellectual property (IP) and cannabis. Expert scholars from across the globe reflect on the legal, cultural, and socio-economic significance of cannabis, addressing the difficulties of adapting legal frameworks to this unique and multifaceted product.

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Book SynopsisThe protection and accumulation of intellectual property rightslike property rights in generalis one of the most important contemporary American values. In his cogent book, The Cultural Production of Intellectual Property Rights, Sean Johnson Andrews shows that the meaning, power, and value of intellectual properties are the consequence of an extended process of cultural production.Johnson Andrews argues that it is deeper ideological and historical roots which demand that, in the contemporary global, digital economy, all property rights be held sacrosanct and all value must flow back to the legal owner. Johnson Andrews explains that if we want to rebalance the protection of copyrights and trademarks, we should focus on undermining the reified culture of property that underpins capitalism as a whole. He outlines a framework for analyzing culture; situates intellectual property rights in the history of capitalist property relations; synthesizes key theories of media, politics, and law; a

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Book SynopsisTrade Review"This important collection of case studies adds significantly to the emerging body of empirical evidence that challenges IPs orthodoxy. Creativity and innovation do not necessarily depend on copyrights and patents. The book documents the fact that community self-governance can produce and sustain creative production across a broad range of subject matter. Eclecticism powers the book. The fascinating, provocative, and entertaining cases here range from more traditional IP-focused creative domains like film and fiction to creative fields operating beyond IP, like cuisine and medical practice, to outsider creative groups that have rejected IP, like tattoo artists and roller derby participants." -- Michael Madison,Professor of Law, University of Pittsburgh"Understanding how and why people create is central to the project of IP. This important new book catalogs the many ways in which people create without the benefit of IP law. One can find theories of copyright and creativity elsewhere. Here you will find real-world evidence of how people are creating without, and even despite, IP law." -- Mark A. Lemley,William H. Neukom Professor, Stanford Law School"For years, physicists insisted bumble bees couldnt fly. And yet, the laws of physics notwithstanding, bumblebees flew. Likewise, for years, IP lawyers have insisted that without strong IP protection, creativity cannot flourish. IP lawyers: meet the bumblebee. In this beautifully written and powerfully structured collection, the best of IPs scholars show that actual complexity of creativity, and its inspiration." -- Lawrence Lessig,Roy L. Furman Professor of Law and Leadership, Harvard Law School"This volume expands our understanding of organic systems of protection designed to preserve incentives for innovation in IPs negative spaces. It willundoubtedly provoke much debate, stimulate new research, and give rise to some interesting future conferences." * Journal of Economic Literature *

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Book SynopsisThe Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.Trade Review"Building on the work of racial justice and intellectual property pioneers, Anjali Vats elevates the conversation to important new registers, including concerns of equitable distribution and post-racial identity claims. Vats shows how IP and contested citizenship have evolved to embed centuries of systemic racial injustices, reaching into the past to imagine a new and exciting future for creatorship."—Jessica Silbey, Northeastern University"American law defined black human beings as chattel, deprived Asian Americans the right to own property, and justified the appropriation of Native lands. Anjali Vats's riveting book reveals how intellectual property is rife with racial bias and actively creates racialized notions of citizenship and humanity. From the Marvin Gaye plagiarism suit to Prince's radical protest against copyright as modern slavery, Vats explores the racial biases that underlie rhetoric around ingenuity, citizenship, property, and the public domain. A tour de force."—Madhavi Sunder, Georgetown University Law Center"Anjali Vats delivers a damning polemic on the racist scripts and tropes that have animated American intellectual property law and rhetoric, shaping understandings of citizenship and structures of national feeling in three distinct eras of racial political economy. The Color of Creatorship is destined to be a touchstone and lightning rod in critical race legal theory for years to come."—Rosemary J. Coombe, author of The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law"Vats's powerful analysis draws mainly from laws and legal cases in the United States, moving roughly chronologically from the eighteenth century to the present. But her argument has international reach."—Shobita Parthasarathy, NatureTable of ContentsIntroduction: Creating Intellectual Property, Creating Americans One: The Intellectual Property Citizen Two: The Race Liberal Intellectual Property Citizen Three: The Postracial Intellectual Property Citizen Four: Rescripting Creatorship, Rescripting Citizenship Conclusion: Decolonizing Creatorship and Remaking Personhood

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Book SynopsisWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.Trade Review"Against Progress is a satisfying, witty, and altogether magnificent provocation about the ethical limits of owning ideas. What happens when 'the road to progress' (which patent, intellectual property, and trademark laws are supposed to sustain) becomes littered with privatized toll booths and heavy fines? What happens when the right to profit from one's creativity hardens into an extractive vise so overreaching that it stifles broad economies of knowledge production? Most importantly, what happens when the internet's pyrrhic gift of viral reproductibility enables vast abuses of power, outright theft, and the widespread impoverishment of musicians, artists, writers, inventors? Jessica Silbey's brilliant book reanimates the values and virtues that once informed this legal arena: fairness, honesty, civic empathy, restraint, and the world-building sociality of shared creative enterprise."—Patricia J. Williams, Northeastern University"Against Progress announces a timely and needful reorientation of intellectual property scholarship in North America, insisting on democracy, rather than efficiency, as the organizing conceptual principle, offering an unusually insightful and revitalizing translation of efficiency into otherwise latent social justice concerns, and thus of narrowly framed economic issues into vivid dialogues and contestations about political culture. A remarkable work."—Abraham Drassinower, University of Toronto"I have long thought that we as IP lawyers would do well to listen to the voices of creators—especially when those creators are not clients of ours. Against Progress does a fantastic job of letting those creators express, in their own voices, the struggles they face trying to adapt their professional lives to a changing technological environment. Kudos to Silbey for letting their voices be heard, framed by high-level legal discussion of whether our IP laws are doing the work of advancing progress—or pushing back on it."—Gaston Kroub, Above the Law"[Silbey's] book is well-researched and organized and includes an excellent analysis of traditional IP case law and interviews with more than 100 real-world creators about how they navigate the IP law system.... This is an important read for anyone interested in the shifting policies surrounding IP law. Recommended."—J. D. Graveline, CHOICETable of ContentsIntroduction: Is Progress More? 1. Everyone's a Photographer Now: The Case of Digital Photography 2. Equality 3. Privacy 4. Distributive Justice (or "Fairer Uses") 5. Precarity and Institutional Failures Conclusion

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Book SynopsisThe Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.Trade Review"Building on the work of racial justice and intellectual property pioneers, Anjali Vats elevates the conversation to important new registers, including concerns of equitable distribution and post-racial identity claims. Vats shows how IP and contested citizenship have evolved to embed centuries of systemic racial injustices, reaching into the past to imagine a new and exciting future for creatorship."—Jessica Silbey, Northeastern University"American law defined black human beings as chattel, deprived Asian Americans the right to own property, and justified the appropriation of Native lands. Anjali Vats's riveting book reveals how intellectual property is rife with racial bias and actively creates racialized notions of citizenship and humanity. From the Marvin Gaye plagiarism suit to Prince's radical protest against copyright as modern slavery, Vats explores the racial biases that underlie rhetoric around ingenuity, citizenship, property, and the public domain. A tour de force."—Madhavi Sunder, Georgetown University Law Center"Anjali Vats delivers a damning polemic on the racist scripts and tropes that have animated American intellectual property law and rhetoric, shaping understandings of citizenship and structures of national feeling in three distinct eras of racial political economy. The Color of Creatorship is destined to be a touchstone and lightning rod in critical race legal theory for years to come."—Rosemary J. Coombe, author of The Cultural Life of Intellectual Properties: Authorship, Appropriation and the Law"Vats's powerful analysis draws mainly from laws and legal cases in the United States, moving roughly chronologically from the eighteenth century to the present. But her argument has international reach."—Shobita Parthasarathy, NatureTable of ContentsIntroduction: Creating Intellectual Property, Creating Americans One: The Intellectual Property Citizen Two: The Race Liberal Intellectual Property Citizen Three: The Postracial Intellectual Property Citizen Four: Rescripting Creatorship, Rescripting Citizenship Conclusion: Decolonizing Creatorship and Remaking Personhood

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Book SynopsisIn our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals. Trade Review"Lamdan offers a timely, ambitious, and original contribution about a set of issues that are of vital importance to the study of technology, law, and society."—Anil Kalhan, Drexel University Thomas R. Kline School of Law"Powerful and a great read! This book definitely stirs the pot."—Nicole Dyszlewski, Roger Williams University School of Law"From scientific information to legal information to massive dossiers on each and every one of us and more, Sarah Lamdan's beautifully researched book delves into the shadowy world of big data. A fascinating read!"—Carl Malamud, Public.resource.org"Lamdan's research is solid. Her book would be a nice addition to both large academic and legal libraries."—Michael Sawyer, Library Journal"Having been involved in efforts to raise awareness of the impacts of data brokers over the past decade, I appreciate Lamdan's hopeful stance that it is not too late to reverse course and create a better world. Her rhetoric is powerful, her writing colourful and her critique vigorous."—Lisa Janicke Hinchliffe, Nature"Lamdan's seminal work on the legal information market and the companies that own them is integral to how we work with these products, teach them to our students, and demo them to our patrons."—Mari Cheney, AALL Spectrum"Lamdan's work is groundbreaking yet intimately familiar to us in the librarian profession.... Her bold approach breaks down the barrier and serves as a metaphorical lighthouse to our work. It gives us a reason to recommend her book to library advocates so that they can realize how these companies are operating in the informational capitalism age. This book should be required reading for all librarians who advocate that information is power."—Edward Junhao Lim, Journal of Business & Finance Librarianship"This book needs to be adopted as part of the canon of the profession. It brings clear evidence to bear and articulates the conundrums we face daily in an almost matter of fact way. If you have spent any time working in a library, academic or otherwise, you will have certainly seen the slow and steady drift toward monopolisation of all the content that we lease. What is refreshing is that this is written in such a way that those outside of librarianship will be compelled by the stories that it tells. Next time a friend says 'it must be nice to read all day' lend them your dog-eared copy of this book so that they understand first-hand where the war is being fought."—Tim Ribaric, Canadian Journal of Academic Librarianship"It is sometimes crudely assumed that whoever owns our data can control us. Sarah Lamdan's Data Cartels brings a rather more subtle perspective."—Times Literary Supplement"This book—including the footnotes—is an engaging and insightful read. This spotlight on big data will hopefully bring these companies out of the shadows and into the public eye. Highly recommended."—R. I. Saltz, CHOICETable of Contents1. The Data Cartels: An Overview 2. Data Brokering 3. Academic Research 4. Legal Information 5. Financial Information 6. News Conclusion: Envisioning Public Information as a Public Good

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Book SynopsisWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.Trade Review"Against Progress is a satisfying, witty, and altogether magnificent provocation about the ethical limits of owning ideas. What happens when 'the road to progress' (which patent, intellectual property, and trademark laws are supposed to sustain) becomes littered with privatized toll booths and heavy fines? What happens when the right to profit from one's creativity hardens into an extractive vise so overreaching that it stifles broad economies of knowledge production? Most importantly, what happens when the internet's pyrrhic gift of viral reproductibility enables vast abuses of power, outright theft, and the widespread impoverishment of musicians, artists, writers, inventors? Jessica Silbey's brilliant book reanimates the values and virtues that once informed this legal arena: fairness, honesty, civic empathy, restraint, and the world-building sociality of shared creative enterprise."—Patricia J. Williams, Northeastern University"Against Progress announces a timely and needful reorientation of intellectual property scholarship in North America, insisting on democracy, rather than efficiency, as the organizing conceptual principle, offering an unusually insightful and revitalizing translation of efficiency into otherwise latent social justice concerns, and thus of narrowly framed economic issues into vivid dialogues and contestations about political culture. A remarkable work."—Abraham Drassinower, University of Toronto"I have long thought that we as IP lawyers would do well to listen to the voices of creators—especially when those creators are not clients of ours. Against Progress does a fantastic job of letting those creators express, in their own voices, the struggles they face trying to adapt their professional lives to a changing technological environment. Kudos to Silbey for letting their voices be heard, framed by high-level legal discussion of whether our IP laws are doing the work of advancing progress—or pushing back on it."—Gaston Kroub, Above the Law"[Silbey's] book is well-researched and organized and includes an excellent analysis of traditional IP case law and interviews with more than 100 real-world creators about how they navigate the IP law system.... This is an important read for anyone interested in the shifting policies surrounding IP law. Recommended."—J. D. Graveline, CHOICETable of ContentsIntroduction: Is Progress More? 1. Everyone's a Photographer Now: The Case of Digital Photography 2. Equality 3. Privacy 4. Distributive Justice (or "Fairer Uses") 5. Precarity and Institutional Failures Conclusion

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Book SynopsisIn our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals. Trade Review"Lamdan offers a timely, ambitious, and original contribution about a set of issues that are of vital importance to the study of technology, law, and society."—Anil Kalhan, Drexel University Thomas R. Kline School of Law"Powerful and a great read! This book definitely stirs the pot."—Nicole Dyszlewski, Roger Williams University School of Law"From scientific information to legal information to massive dossiers on each and every one of us and more, Sarah Lamdan's beautifully researched book delves into the shadowy world of big data. A fascinating read!"—Carl Malamud, Public.resource.org"Lamdan's research is solid. Her book would be a nice addition to both large academic and legal libraries."—Michael Sawyer, Library Journal"Having been involved in efforts to raise awareness of the impacts of data brokers over the past decade, I appreciate Lamdan's hopeful stance that it is not too late to reverse course and create a better world. Her rhetoric is powerful, her writing colourful and her critique vigorous."—Lisa Janicke Hinchliffe, Nature"Lamdan's seminal work on the legal information market and the companies that own them is integral to how we work with these products, teach them to our students, and demo them to our patrons."—Mari Cheney, AALL Spectrum"Lamdan's work is groundbreaking yet intimately familiar to us in the librarian profession.... Her bold approach breaks down the barrier and serves as a metaphorical lighthouse to our work. It gives us a reason to recommend her book to library advocates so that they can realize how these companies are operating in the informational capitalism age. This book should be required reading for all librarians who advocate that information is power."—Edward Junhao Lim, Journal of Business & Finance Librarianship"This book needs to be adopted as part of the canon of the profession. It brings clear evidence to bear and articulates the conundrums we face daily in an almost matter of fact way. If you have spent any time working in a library, academic or otherwise, you will have certainly seen the slow and steady drift toward monopolisation of all the content that we lease. What is refreshing is that this is written in such a way that those outside of librarianship will be compelled by the stories that it tells. Next time a friend says 'it must be nice to read all day' lend them your dog-eared copy of this book so that they understand first-hand where the war is being fought."—Tim Ribaric, Canadian Journal of Academic Librarianship"It is sometimes crudely assumed that whoever owns our data can control us. Sarah Lamdan's Data Cartels brings a rather more subtle perspective."—Times Literary Supplement"This book—including the footnotes—is an engaging and insightful read. This spotlight on big data will hopefully bring these companies out of the shadows and into the public eye. Highly recommended."—R. I. Saltz, CHOICETable of Contents1. The Data Cartels: An Overview 2. Data Brokering 3. Academic Research 4. Legal Information 5. Financial Information 6. News Conclusion: Envisioning Public Information as a Public Good

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Book SynopsisWhat rights do artists and creators have in a world where everything is free?Copyright is one of the central economic and creative issues of our time. We expect to be able to log on and read, watch or listen to anything, anywhere, anytime. Then copy it, share it, quote it, sample it, remix it. Does this leave writers, designers, filmmakers, musicians, photographers, artists and game developers with any rights at all? Have we forgotten how to pay for content? Is the concept of making a living from creativework outdated? Without effective copyright protection will key Australian businesses collapse? And perhaps the biggest question: has illegal downloading become the largest industry of all and copyright violation a way of life?Copyfight brings together writers, musicians and others from creative industries, media companies, cultural institutions, law firms and universities, including John Birmingham, Linda Jaivin, Clem Bastow and Lindy Morrison.

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Book SynopsisConstructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved.This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.Contributors: C. Archambeau, R. D'Erme, E. Derclaye, T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H. Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A. Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L. McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J. Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen, T. Takenaka, G. Van Overwalle, M. VivantTrade Review'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities - substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' --Graeme B. Dinwoodie, University of Oxford, UK'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' --Lionel Bently, University of Cambridge, UKTable of ContentsContents: Introduction PART I: ASSESSING THE EUROPEAN INTELLECTUAL PROPERTY SYSTEM Section 1: IP and European Construction 1. The Construction of Intellectual Property in the European Union: Searching for Coherence Christophe Geiger 2. Pruning the European Intellectual Property Tree: In Search of Common Principles and Roots Séverine Dusollier Section 2: The European Legal Framework 3. The Legal Framework of the Legislative Activity Concerning Intellectual Property Rights at European Regional Level Vincenzo Scordamaglia 4. Fundamental Rights and European IP Law: The Case of Art 17(2) of the EU Charter Jonathan Griffiths and Luke McDonagh 5. Intellectual Property and Competition Law in the Information Society Tuomas Mylly PART II: DEVELOPING THE EUROPEAN IP SYSTEM Section 3: Trademarks and Geographical Indications at EU Level 6. Evaluation of the Functioning of the EU Trademark System: The Trademark Study Annette Kur 7. Adapting EU Trademark Law to New Technologies: Back to Basics? Martin Senftleben 8. The Simplification and Codification of European Legislation for the Protection of Geographical Indications Gail Elizabeth Evans Section 4: Patents and Plant Variety Protection 9. Constructing an Efficient and Balanced European Patent System: ‘Muddling Through’ Jens Schovsbo 10. Smart Innovation and Inclusive Patents for Sustainable Food and Health Care: Redefining the Europe 2020 Objectives Geertrui Van Overwalle 11. Construction of an Efficient and Balanced Patent System: Patentability and Patent Scope of Isolated DNA Sequences Under US Patent Act and EU Biotech Directive Jan Krauss and Toshiko Takenaka Section 5: Copyright Protection in the EU 12. The Dynamics of Harmonization of Copyright at the European Level P. Bernt Hugenholtz 13. The Wittem Project of a European Copyright Code Thomas Dreier 14. Consume and Share: Making Copyright Fit for the Digital Agenda Marco Ricolfi Section 6: Databases, Design Protection, Unfair Competition and/or New IP Rights in the EU 15. Unfair Competition: Complementary or Alternative to Intellectual Property in the EU? Anselm Kamperman Sanders 16. Database Rights: Success or Failure? The Chequered Yet Exciting Journey of Database Protection in Europe Estelle Derclaye 17. Function, Art and Fashion: Do We Need the EU Design Law? Uma Suthersanen Section 7: IP Enforcement in the EU 18. IP Enforcement in Europe: Acquis and Future Plans Jacques Raynard 19. The Impact of the Anti-Counterfeiting Trade Agreement on the Legal Framework for IP Enforcement in the European Union Roberto D’Erme, Christophe Geiger, Henning Grosse Ruse-Khan, Christian Heinze, Thomas Jaeger, Rita Matulionyte and Axel Metzger 20. Checks and Balances in the Intellectual Property Enforcement Field: Reconstructing EU Trade Agreements Xavier Seuba Section 8: Making the European IP System Work: Further Steps to Take Raimund Lutz, Christian Archambeau and Michel Vivant 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 topical volume brings together seminal papers which explore the interplay of intellectual property, innovation and environmental protection. It traces the emergence of intellectual property as an environmental protection policy lever and examines the interaction of market failures at the intersection of technological progress and environmental protection. Further, it discusses concerns that have been raised about the use of proprietary rights in the service of environmental protection. Finally it considers alternatives to intellectual property, such as subsidies and prizes, which seek to encourage advances in environmental protection technologies.With an original introduction by the editors, this important collection will be of interest to students, scholars and practitioners working in the field of intellectual property, innovation and the environment.Trade Review‘Although environmental law and intellectual property rights are often considered quite distinct, they are rapidly becoming united because of the urgent need for technological innovation in order to address major environmental problems such as climate change. The materials collected in this book provide the foundations for this growing area of research.’ -- Daniel Farber, University of California, Berkeley, USTable of ContentsContents: Acknowledgements Introduction Peter Menell and Sarah Tran PART I HISTORICAL PERSPECTIVE: PROMOTING INNOVATION IN POLLUTION CONTROL THROUGH REGULATION AND MARKET-BASED INSTRUMENTS 1. D. Bruce La Pierre (1977), ‘Technology-Forcing and Federal Environmental Protection Statutes’ 2. Richard B. Stewart (1981), ‘Regulation, Innovation, and Administrative Law: A Conceptual Framework’ 3. Bruce A. Ackerman and Richard B. Stewart (1987), ‘Reforming Environmental Law: The Democratic Case for Market Incentives’ PART II INTELLECTUAL PROPERTY AS AN ENVIRONMENTAL POLICY TOOL: CONCEPTUAL FOUNDATIONS 4. Adam B. Jaffe, Richard G. Newell and Robert N. Stavins (2005), ‘A Tale of Two Market Failures: Technology and Environmental Policy’ PART III USING INTELLECTUAL PROPERTY TO PROMOTE ENVIRONMENTAL PROTECTION 5. Michael A. Gollin (1991), ‘Using Intellectual Property to Improve Environmental Protection’ 6. Natalie M. Derzko (1996), ‘Using Intellectual Property Law and Regulatory Processes to Foster the Innovation and Diffusion of Environmental Technologies’ 7. Sarah Tran (2012), ‘Expediting Innovation’ PART IV INTELLECTUAL PROPERTY AND CONCERNS ABOUT DIFFUSION OF IMPROVED ENVIRONMENTAL PROTECTION TECHNOLOGIES 8. Joshua D. Sarnoff (2011), ‘The Patent System and Climate Change’ 9. Jorge L. Contreras (2012), ‘Standards, Patents, and the National Smart Grid’ 10. John H. Barton (2007), ‘Intellectual Property and Access to Clean Energy Technologies in Developing Countries: An Analysis of Solar Photovoltaic, Biofuel and Wind Technologies’ 11. Eric L. Lane (2010), ‘Keeping the LEDs On and the Electric Motors Running: Clean Tech in Court after eBay’ 12. Eric Lane (2010), ‘Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered by Intellectual Property Rights’ 13. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’ 14. Jason R. Wiener (2006), ‘Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and Economic Modality for the Dissemination of Renewable Energy Technology’ PART V COMPLEMENTS AND ALTERNATIVES TO INTELLECTUAL PROPERTY FOR STIMULATING ADVANCES IN ENVIRONMENTAL PROTECTION TECHNOLOGIES 15. Jonathan H. Adler (2011), ‘Eyes on a Climate Prize: Rewarding Energy Innovation to Achieve Climate Stabilization’ 16. Gary E. Marchant (2009), ‘Sustainable Energy Technologies: Ten Lessons from the History of Technology Regulation’

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Book SynopsisWritten by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.Trade Review‘Hennig Hartwig’s edited collection is a timely, highly informative and fundamental contribution to the academic debate on design rights in general, and the surrounding policies and divergent approaches taken to them in various jurisdictions, in particular. The breadth of topics and jurisdictions discussed, and the book’s depth of analysis, makes the Research Handbook on Design Law an invaluable addition to Elgar’s series and IP scholarship at large. It is an indispensable read for all those interested in gaining a wider and deeper understanding of all pertinent issues concerning design law, and it provides a springboard for further research and policy discussions in this exciting field of IP law.’ -- Marc D. Mimler, Queen Mary Journal of Intellectual Property‘The slant is more to the academic than to the practitioner but it has enough for both. If you want to know “what is the state of the law on design topic X”, this is the book for you. You will probably also find, as I did, that once you delve into one chapter you will find a wealth of information around the topic as well as on the question you originally asked. And you will no doubt wonder at some point, as you look at one of the many illustrations of some mundane design: “how on earth did that ever get registered”? The answers are all within.’ -- Douglas Campbell QC, Journal of Intellectual Property Law & Practice‘This is an excellent book for those who are seriously interested in design law. The contributions have been written by leading academics and practitioners in design law and together represent a treasure trove of cases, examples, good pieces of advice and detailed and high quality analyses of different aspects of design law. It is particularly refreshing that many of the contributors manage to include comparative perspectives. This book delivers on all the parameters and more so and it does so with flying colors.’ -- Jens Schovsbo, Nordiskt Immateriellt Rättsskydd‘The Research Handbook on Design Law addresses the need by collecting comparative studies of product designs authored by the world's leading practitioners and scholars. Topics are carefully selected by Dr. Henning Hartwig, a leading design law practitioner involved in the landmark decisions of the Court of Justice for European Union (CJEU), based on his extensive experience in litigating community and German design rights and other related rights for both German and US clients. Overall, it bridges academic theories and a practice strategy for procuring and enforcing multiple IP rights on product designs in the global market.’ -- Toshiko Takenaka, Journal of the Patent & Trademark Office Society‘In short, this book is an exceptional foray into the multifaceted world of designs and provides an invaluable source of scholarship for both practitioners, academics and policy-makers specialising in this fast-moving area of IP. It contributes to the current state of knowledge in this field and gives much material for further reflection.’ -- Gordon Humphreys, European Intellectual Property Review‘The book is at home on both an academic and a practitioner bookshelf and I’m sure will be an important and valuable work for many years to come.’ -- Rosie Burbridge, IPkat.com‘This work is based on the knowledge of how important every chapter is for deepening, but also for harmonizing international design law. In this respect, this book makes an essential contribution. These in-depth analyses are not only a very welcome help for daily practice but – particularly nowadays when preparing for a reform of the design law of the European Union – also of great value for the further development of this area of intellectual property law.’ -- Guido Kucsko, Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (originally published in German: translated by Henning Hartwig)‘This collection offers a highly readable collection of scholarship which is to be commended for getting to grips with the nitty gritty of difficult points of design law, and for its rich coverage of different jurisdictional perspectives. The Handbook offers an invaluable resource to readers looking to develop comparative perspectives. It also shines a light on a number of design law issues which have perhaps not received the attention in the literature that they deserve, as well as exploring still-evolving points of practice and the potential for novel interdisciplinary inputs. The collection is also rightly imbued throughout with a sustained interest and focus on the particularities and challenges of design law as a legal field which is very much centred upon the visual, and the inherent difficulties which arise as a result in design filing and in analysing, arguing and deciding design cases. Contributions are both practically useful and intellectually stimulating, and the collection is populated throughout with helpful illustrations – a must in any text dealing with design law.’ -- Jane Cornwell, Intellectual Property Quarterly'This book is both a practice-oriented and intellectually inspiring analysis of European, U.S. and international design law. Its chapters, written by practitioners and academics who are leading in this field, cover fundamental issues of practical importance, of doctrine and of policy.' -- Ansgar Ohly, Ludwig Maximilian University of Munich, Germany'Design law is perhaps the most conceptually challenging of all IP rights, sometimes and sometimes not co-existing with other IP rights. Trade marks, copyright and some patent law conceptions are all in the mix. This collection of chapters is remarkable. It illuminates the issues and how different laws and judicial decisions around the world have, in their various ways, struggled with the often inchoate or cloudy concepts behind legislation. And the book is also a pleasure to read. A must.' -- The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UKTable of ContentsContents: Introduction to the Research Handbook on Design Law xxiv Henning Hartwig PART I FOUNDATIONS 1. Requirements for Design Protection: Global Commonalities 2 Bernard Volken 2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30 Jason Du Mont/Mark D. Janis 3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of Words 77 David Musker PART II METHODOLOGICAL PERSPECTIVES 4. Reciprocity in European Design Law 119 Henning Hartwig 5. Design Rights and Designer’s Rights in the EU 169 Anna Tischner 6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita and Ex parte Kaufman 207 Margaret Polson PART III: ESTABLISHING AND ENFORCING PROTECTION 7. Protection of Designs on the Basis of Use 232 Estelle Derclaye 8. Claiming Priority under the Community Design Scheme 250 Henning Hartwig 9. Enforcing Design Rights throughout Europe 283 Annette Kur PART IV: CRITICAL ISSUES 10. Protection of Spare Parts in Design Law: A Comparative Law Analysis 304 Annette Kur and Ádám György 11. Design Protection for Graphical User Interfaces 345 Tracy-Gene G. Durkin 12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the Outcome Really Means 378 Henning Hartwig PART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS 13. International Design Law Policies: Present and Future 405 Robert Mirko Stutz 14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441 Alexander von Mühlendahl 15. Cross-border Copyright Protection in Europe 482 Uma Suthersanen 16. How Different is Different? Modern Neuroscience and its Impact on Design Law 507 Charles Lee Mauro and Christopher Daniel Morley Index 550

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Book SynopsisThis comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues.Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.Trade Review'This Handbook is a very welcome detailed treatment of the most pressing issues in the intersection between IPRs and Employment Law. With a global approach it explores how IPRs today are essential instruments, not only between competitors, but equally in relation to employees. It is a must-read for policy-makers, practicing lawyers, managers and students wishing to understand the many elements of incentivizing, regulating and managing employees performing innovative work.' -- Bengt Domeij, Uppsala University, Sweden'Moderna, Pfizer, Tesla, Amazon, and so many other corporate household names provide us with impressive new developments in technology that, literally, keep humanity going and alive. But inside the glitzy buildings of these firms work thousands of minds creating and discovering for the benefit of humankind - and their company’s shareholders. Many other firms and workers collaborate in these endeavors through various forms of contracting arrangements that span the globe, some of which are fairer than others. Corporate, employee, and social interests don’t always gel. So, around the creative and scientific work lies a global institutional architecture trying to keep things together. It includes intellectual property and labor laws. But given the fast-paced changes in technology and innovation, these areas of law are constantly trying to catch up. Remaining empirically valid - up with the times - is hard work. Experts in each body of law need to work in their specialized fields, but also together. The goals are to promote new and better incentives for creative and scientific work, with equity in mind, all at a global scale. This book contributes with this endeavor. It brings together an international collection of experts in these two legal fields. They ground the larger community of researchers in an urgent agenda for better, global matches between labor law and intellectual property law that can help reconcile the corporate, employee, and social interests at stake.' -- César F. Rosado Marzán, University of Iowa College of Law, USTable of ContentsContents: Preface viii PART I FOUNDATIONS OF EMPLOYEE INTELLECTUAL PROPERTY – HISTORICAL AND METHODOLOGICAL PERSPECTIVES 1 Foundations of labour and IP law 2 Niklas Bruun and Marja-Leena Mansala 2 The role of the employee–inventor and the institutional development of technology-based business 49 Ulf Petrusson 3 Knowledge economy, changing employment relations, and intellectual property issues 98 Alan Hyde PART II REGULATORY INTELLECTUAL PROPERTY FRAMEWORK 4 Regulatory development in different fields of IP 113 Marja-Leena Mansala and Niklas Bruun 5 Concepts of authorship and their relevance to IP entitlement – personalist vs entrepreneurial approaches 132 Antoon Quaedvlieg 6 The curious contrast between corporate authorship and inventorship in the United States 174 Sean M. O’Connor 7 Collective works in French law 202 Sylvie Nérisson and Stéphanie Le Cam 8 Fairness for all – employee inventions between contract and legislation in Korea and Japan 217 Nari Lee 9 The interface between employment law and enforcement, remedies and sanctions 246 Trevor Cook 10 Comparative perspectives on employee inventions: Chinese developments compared with European, Asian and US models 263 Liguo Zhang PART III GLOBALIZATION AND NEW CHALLENGES 11 Cross-border business matters and choice of law 293 Paul Torremans 12 Academic employees in universities: who can exploit their intellectual property? 326 Ann L. Monotti 13 Knowledge mobility, trade secrets and non-competes: lessons from the common law tradition 361 William van Caenegem Index

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Book SynopsisA much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, ChinaTrade Review‘This book tells a distinctive story about IP and its place in global economic and cultural exchange. It is an outstanding starting point and teaching tool for courses on any IP topic. It is strongly recommended for IP scholars and students.’ -- Benjamin J. Keele, International Journal of Legal Information‘Dutfield and Suthersanen on Global Intellectual Property Law, sheds light on highly complex subject areas of intellectual property law in a clearly presented way with a reader-friendly and pleasant graphic presentation. . . an invaluable textbook for students, scholars or policy makers at all levels.’ -- Vera Vallone, IPKat‘In the second edition of their book Dutfield and Suthersanen on Global Intellectual Property Law, Graham Dutfield and Uma Suthersanen provide a valuable guide for understanding the international dimensions of this relationship. The updates to their earlier work reflect significant changes to IP protection, including the increasing relevance of bilateral and regional trade agreements. This book is an important tool for navigating a field of law that is strongly influenced by international law but continues to rely on national systems of protection using national treatment principles.’ -- Genevieve Wilkinson, Intellectual Property Forum Journal‘Dutfield and Suthersanen on Global Intellectual Property Law, now in its second edition, has established itself as a reference work for all those who are interested in international and comparative perspectives on intellectual property law and its policy aspects. Written by two leading scholars in intellectual property law, it offers a comprehensive view on all main intellectual property rights at international level and in various jurisdictions, whilst making sure that the technical legal analysis is always embedded in a broader socio-economic perspective. A very useful and inspiring read for all those who want to dig deeper into this fascinating field of growing importance.’ -- ­– Christophe Geiger, CEIPI, University of Strasbourg, France‘This book is a major contribution to the literature on intellectual property. With an original perspective and deep study of the evolution and current status of the law, the authors provide an illuminating analysis of how countries at different levels of development can frame their legal systems to participate in the knowledge economy.’ -- Carlos Correa, University of Buenos Aires, Argentina'This second edition considers the globalisation of intellectual property across a comparative range of local jurisdictions. As well as accounting for the various species of intellectual property, the book looks at larger over-arching themes of intellectual property and human rights; copyright law, cultural heritage, and education; plant breeders' rights, farmers privileges, and geographical indications; gene patents and access to medicines; and Indigenous Intellectual property. The work lights the way to implementing intellectual property reforms to promote the United Nations Sustainable Development Goals.' -- Matthew Rimmer, Queensland University of Technology, Australia‘Professors Dutfield and Suthersanen reinvent the world of intellectual property law in a way that is doctrinally neat, yet breathtaking. Veteran scholars of global intellectual property law will be further tantalized; tyros will desire to seek further expertise. The world, intellectual property, and your political convictions will not be the same after you work through this invaluable contribution to the field' -- Shubha Ghosh, Syracuse University, US‘This book is a significant achievement. The authors, both highly respected as scholars and as teachers, explore challenging and evolving concepts in a confronting and stimulating manner, in a way which is clear, readable and with excellent use of diagrams. This book will be invaluable to students, teachers and scholars at all levels.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: Preface to the Second Edition PART I INTELLECTUAL PROPERTY AS GLOBALISED LOCALISM 1. Globalisation, law and development 2. Justifying intellectual property 3. International governance of intellectual property PART II CREATING AND BRANDING 4. Copyright 5. Patents 6. Trade marks 7. Design intellectual property 8. Geographical indications 9. Plant intellectual property 10. Utility models and innovation patents PART III SHIFTING CONTOURS 11. Human rights and intellectual property 12. Education and cultural heritage 13. Health 14. New biologies 15. Genetic resources, traditional knowledge, and traditional cultural expressions 16. Networked technologies and intellectual property Index

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Book SynopsisA much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, ChinaTrade Review‘This book tells a distinctive story about IP and its place in global economic and cultural exchange. It is an outstanding starting point and teaching tool for courses on any IP topic. It is strongly recommended for IP scholars and students.’ -- Benjamin J. Keele, International Journal of Legal Information‘Dutfield and Suthersanen on Global Intellectual Property Law, sheds light on highly complex subject areas of intellectual property law in a clearly presented way with a reader-friendly and pleasant graphic presentation. . . an invaluable textbook for students, scholars or policy makers at all levels.’ -- Vera Vallone, IPKat‘In the second edition of their book Dutfield and Suthersanen on Global Intellectual Property Law, Graham Dutfield and Uma Suthersanen provide a valuable guide for understanding the international dimensions of this relationship. The updates to their earlier work reflect significant changes to IP protection, including the increasing relevance of bilateral and regional trade agreements. This book is an important tool for navigating a field of law that is strongly influenced by international law but continues to rely on national systems of protection using national treatment principles.’ -- Genevieve Wilkinson, Intellectual Property Forum Journal‘Dutfield and Suthersanen on Global Intellectual Property Law, now in its second edition, has established itself as a reference work for all those who are interested in international and comparative perspectives on intellectual property law and its policy aspects. Written by two leading scholars in intellectual property law, it offers a comprehensive view on all main intellectual property rights at international level and in various jurisdictions, whilst making sure that the technical legal analysis is always embedded in a broader socio-economic perspective. A very useful and inspiring read for all those who want to dig deeper into this fascinating field of growing importance.’ -- ­– Christophe Geiger, CEIPI, University of Strasbourg, France‘This book is a major contribution to the literature on intellectual property. With an original perspective and deep study of the evolution and current status of the law, the authors provide an illuminating analysis of how countries at different levels of development can frame their legal systems to participate in the knowledge economy.’ -- Carlos Correa, University of Buenos Aires, Argentina'This second edition considers the globalisation of intellectual property across a comparative range of local jurisdictions. As well as accounting for the various species of intellectual property, the book looks at larger over-arching themes of intellectual property and human rights; copyright law, cultural heritage, and education; plant breeders' rights, farmers privileges, and geographical indications; gene patents and access to medicines; and Indigenous Intellectual property. The work lights the way to implementing intellectual property reforms to promote the United Nations Sustainable Development Goals.' -- Matthew Rimmer, Queensland University of Technology, Australia‘Professors Dutfield and Suthersanen reinvent the world of intellectual property law in a way that is doctrinally neat, yet breathtaking. Veteran scholars of global intellectual property law will be further tantalized; tyros will desire to seek further expertise. The world, intellectual property, and your political convictions will not be the same after you work through this invaluable contribution to the field' -- Shubha Ghosh, Syracuse University, US‘This book is a significant achievement. The authors, both highly respected as scholars and as teachers, explore challenging and evolving concepts in a confronting and stimulating manner, in a way which is clear, readable and with excellent use of diagrams. This book will be invaluable to students, teachers and scholars at all levels.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: Preface to the Second Edition PART I INTELLECTUAL PROPERTY AS GLOBALISED LOCALISM 1. Globalisation, law and development 2. Justifying intellectual property 3. International governance of intellectual property PART II CREATING AND BRANDING 4. Copyright 5. Patents 6. Trade marks 7. Design intellectual property 8. Geographical indications 9. Plant intellectual property 10. Utility models and innovation patents PART III SHIFTING CONTOURS 11. Human rights and intellectual property 12. Education and cultural heritage 13. Health 14. New biologies 15. Genetic resources, traditional knowledge, and traditional cultural expressions 16. Networked technologies and intellectual property Index

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Book SynopsisEssential Law for Information Professionals, fourth edition, provides up-to-date and easy-to-follow practical guidance on the law as it affects information management and the principles underlying practice. Using individual cases to illustrate these core principles and contextualise regulations, it cuts through the legalese to provide exactly what’s needed in an easily digestible format showing examples of how the law has worked in practice in specific legal cases. The book gives readers the tools to quickly assess legal hazards and identify solutions. Information law is a particularly fast moving area of law. In the eight years that have passed since the best-selling third edition was published, there have been many changes to the legislation and numerous legal cases which have further developed our understanding of the law. The fourth edition fully reflects those changes, which include: a new chapter on library law which covers the legal framework for libraries (concentrating on legislation and soft law relevant to libraries) implementation of the GDPR through the Data Protection Act 2018 a major overhaul of the copyright exceptions, and the 2018 implementation of the Marrakesh Treaty the Re-Use of Public Sector Information Regulations 2015 and the implications of the 2018 proposals for a new re-use directive extension of the public lending right scheme to e-books CILIP’s ethical framework. Essential Law for Information Professionals is an essential guide for anyone working in the information professions. It is also the ideal legal textbook for students of information studies and librarianship. Table of ContentsEssential Law for Information Professionals

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Book Synopsis'A refreshing and thought-provoking addition to IP scholarship, Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access.'- Hazel Carty, University of Manchester, UK Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. sing examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.Trade ReviewForm in Intellectual Property Law is erudite, wide-ranging and original. Engagingly written, it casts interesting new light on a number of fundamental concepts in IP.' --Jonathan Griffiths, Queen Mary University of London, UK'In this wide-ranging work, David Booton throws fresh light on the underlying structure of IP law and its mix of hard-edged rules and open-ended standards. The way certainty and flexibility are reconciled to achieve just results is explored through a wealth of examples from case law and legislation. Mr Booton's talent for expounding complex ideas clearly and directly ensures that anyone interested in the field - be they lawyer, scholar, judge, reformer, student, or member of the general public - will come away with a renewed understanding of the law's aspirations, and of its deficiencies. Highly recommended.' --David Vaver, University of Oxford, UK and York University, Osgoode Hall Law School, Canada'A fascinating and original insight into the operation of IP law - a must have for anyone serious about the subject' --Margaret S. Llewelyn, University of Sheffield and Editor, Intellectual Property QuarterlyTable of ContentsContents: 1. Introduction 2. Form and legal adjudication 3. Legislative power and harmonisation 4. A conflict at the foundation 5. Form and the interpersonal/social dimension 6. Form and justifications Index

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Book SynopsisThis research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached.Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.Table of ContentsContents: Introduction Paul Torremans PART I TERRITORIALITY 1. Sophie Neumann (2011), ‘Intellectual Property Rights Infringements in European Private International Law: Meeting the Requirements of Territoriality and Private International Law’, Journal of Private International Law, 7 (3), December, 583–600 2. Teruo Doi (2002), ‘The Territoriality Principle of Patent Protection and Conflict of Laws: A Review of Japanese Court Decisions’, Fordham International Law Journal, 26 (2), 377–95 PART II JURISDICTION: MOVING ON FROM THE TERRITORIAL STARTING POINT 3. Lydia Lundstedt (2001), ‘Jurisdiction and the Principle of Territoriality in Intellectual Property Law: Has the Pendulum Swung Too Far in the Other Direction?’, International Review of Intellectual Property and Competition Law, 32 (1), 124–141 4. Benedetta Ubertazzi (2011), ‘Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law’, Marquette Intellectual Property Law Review, 15 (2), Summer, 357–448 5. Mario Franzosi (1997), ‘Worldwide Patent Litigation and the Italian Torpedo’, European Intellectual Property Review, 19 (7), July, 382–5 6. Paul Torremans (2011), ‘The Sense or Nonsense of Subject Matter Jurisdiction Over Foreign Copyright’, European Intellectual Property Review, 33 (6), 349–56 7. Paul L.C. Torremans (2011), ‘Star Wars Rids Us of Subject-Matter Jurisdiction: The Supreme Court Does Not Like Kafka Either When It Comes to Copyright’, European Intellectual Property Review, 33 (12), 813–7 8. Annette Kur (2006), ‘A Farewell to Cross-Border Injunctions? The ECJ Decisions GAT v. LuK and Roche Nederland v. Primus and Goldenberg’, International Review of Intellectual Property and Competition Law, 37 (7), 844-55 9. Mario Franzosi (2009), ‘GAT and Roche — Idola Fori, Teatri, Specus: Regulation 864/2007 Makes Cross-Border Patent Litigation Possible’, Journal of Intellectual Property Law and Practice, 4 (4), April, 247–55 10. Benedetta Ubertazzi (2009), ‘Licence Agreements Relating to IP Rights and the EC Regulation on Jurisdiction’, International Review of Intellectual Property and Competition Law, 40 (8), 912–39 11. Matthias Rößler (2007), ‘The Court of Jurisdiction for Joint Parties in International Patent Disputes’, International Review of Intellectual Property and Competition Law, 38 (4), 380–400 12. Christian Heinze (2011), ‘Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation’, Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, 75 (3), July, 581–618 13. Pedro A. de Miguel Asensio (2007), ‘Cross-Border Adjudication of Intellectual Property Rights and Competition Between Jurisdictions’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XVI, 105–54 PART III CHOICE OF LAW AND RELATED ISSUES 14. Anna Tydniouk (2004), ‘From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International Copyright’, Brooklyn Journal of International Law, 29 (2), 897–936 15. Paul Torremans and Carmen Otero García Castrillón (2012), ‘Reversionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?’, Intellectual Property Quarterly, 2, 77–93 16. Guido Westkamp (2006), ‘Research Agreements and Joint Ownership of Intellectual Property Rights in Private International Law’, International Review of Intellectual Property and Competition Law, 37 (6), 637–61 17. Paul Torremans (2010), ‘Copyright: Which Law Applies? Some Thoughts on Issues of Authorship, (First) Ownership of Rights and Works Created by Employees’, ΔiMEE Media and Communications Law Review, 1, 6–12 18. Jane C. Ginsburg and Pierre Sirinelli (1991), ‘Authors and Exploitations in International Private Law: The French Supreme Court and the Huston Film Colorization Controversy’, Columbia-VLA Journal of Law and the Arts, 15, 135–59 19. Paul Torremans (2008), ‘Licenses and Assignments of Intellectual Property Rights Under the Rome I Regulation’, Journal of Private International Law, 4 (3), December, 397–420 20. Christopher Wadlow (2009), ‘The New Private International Law of Unfair Competition and the “Rome II” Regulation’, Journal of Intellectual Property Law and Practice, 4 (11), November, 789–97 21. Toshiyuki Kono (2005), ‘Intellectual Property Rights, Conflict of Laws and International Jurisdiction: Applicability of ALI Principles in Japan?’, Brooklyn Journal of International Law, 30 (3), 865–83 22. Stefania Bariatti (2010), ‘The Law Applicable to Security Interests in Intellectual Property Rights’, Journal of Private International Law, 6 (2), 395–416 23. Torsten Bettinger and Dorothee Thum (2000), ‘Territorial Trademark Rights in the Global Village – International Jurisdiction, Choice of Law and Substantive Law for Trade Mark Disputes on the Internet’, Parts 1 and 2, International Review of Intellectual Property and Competition Law, 31 (2 and 3), 162–82, 285–308 24. Axel Metzger (2012), ‘Transnational Law for Transnational Communities: The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 361–8 25. Graeme B. Dinwoodie, Rochelle C. Dreyfuss and Annette Kur, (2009), ‘The Law Applicable to Secondary Liability in Intellectual Property Cases’, New York University Journal of International Law and Politics, 42, 201–35 26. Pedro A. de Miguel Asensio (2011), ‘Social Networking Sites, An Overview of Applicable Law Issues’, Annali Italiani del Diritto d’Autore, della Cultura e Dello Spettacolo, XX, 3–38 27. Rita Matulionytė (2011), ‘The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2 (1), 26–36 28. Pedro A. de Miguel Asensio (2012), ‘Internet Intermediaries and the Law Applicable to Intellectual Property Infringements’, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 3 (3), 350–60 29. Rita Matulionytė (2013), ‘Calling for Party Autonomy in Intellectual Property Infringement Cases’, Journal of Private International Law, 9 (1), April, 77–99 PART IV THE DEMISE OF TERRITORIALITY? 30. Graeme B. Dinwoodie (2009), ‘Developing a Private International Intellectual Property Law: The Demise of Territoriality?’, William and Mary Law Review, 51 (2), November, 711–800 PART V RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS 31. Marketa Trimble (2009), ‘Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad’, Marquette Intellectual Property Law Review, 13, 331–69 32. Marketa Trimble Landova (2009), ‘Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement’, International Review of Intellectual Property and Competition Law, 40, 642–65 33. Marketa Trimble (2011), ‘Extraterritorial Intellectual Property Enforcement in the European Union’, Southwestern Journal of International Law, 18, 101–10 Index

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Book SynopsisIntellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law.This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.Trade Review'With his new book Gustavo Ghidini presents the systematic sum of his work on the functional interdependence between intellectual property (patents, copyrights, trademarks) and the constitutional freedoms of access to knowledge, competition, and consumer choice and protection. Far more than an invitation merely to rethink the foundations and reach of intellectual property, he offers both a fresh and convincing methodology and a circumspect guide to understanding and applying intellectual property in the context of accelerated technological change, highly dynamic competition, and increasingly complex conflicts of interests. The book is a challenge and a promise of reward.' --Hanns Ullrich, Max Planck Institute for Innovation and Competition, Germany'Professor Gustavo Ghidini has produced an original detailed study of the whole system of intellectual property law as it is changing in the light of new technologies and new commercial strategies. His new approach provides a critical study of how each constituent element of the IP ''system'' (patent, trademark and copyright) contains ''pro-competitive antibodies'' which limit as well as bestow the exclusivity of the individual IP right. He also analyses in depth the related intersections between IP and competition law and unfair competition law. The depth and the comprehensiveness of the research underpinning Ghidini's analytic framework make this book a gem for legal practitioners and academics.' --Steven Anderman, University of Essex, UKTable of ContentsContents: 1. Conflicts of interest, and guiding principles for their resolution within IP’s constitutional framework 2. Patent Protection of Innovation: a ‘Monopoly’ with Antibodies 3. From art to technology: copyright expansion and barriers: The evolving relation ‘right v. access’ 4. Firms’ identity and brand value in the regime of trademarks 5. On the ‘Intersection’ between IP and competition law(s) Index

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Book SynopsisTo a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.'- Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!'- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent OfficeIntellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. ZhouTrade Review‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’ -- Alexander Peukert, Goethe University, Frankfurt am Main, Germany‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’ -- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee 2. The Transplant and Transformation of Intellectual Property Laws in China Peter K.Yu 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? Niklas Bruun and Liguo Zhang 4. Intellectual Property Law Revision in China: Transplantation and Transformation Mingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW 5. Concept of Originality in Copyright Law in China and Europe Kan He 6. Orphan Works in China and Europe Yuying Guan 7. Art Law and Resale Rights in Europe and China Lin Zhou and Rosa Maria Ballardini 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? Liguo Zhang and Max Oker-Blom 9. The Glocalization of Patent Linkage In China Benjamin Pi-Wei Liu 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies Liguo Zhang PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment Weiguang Wu 12. Collective Rights Management in China and Europe: Between Market and Authority Nari Lee and Yang Li 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU Qi-shan Zhao 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China Yang Li and Nari Lee 15. The Emergence of Non-practicing Entities in China Kelli Larson 16. Special Intellectual Property Court in China Mingde Li 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and China Laura Tammenlehto and Kan He 19. Customs Enforcement of Intellectual Property in Europe and China Daniel Opoku Acquah and Kan He Index

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Book SynopsisThis Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace?The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area.This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale.Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. YuTrade Review'Exhaustion of rights and parallel trade of goods protected by intellectual property are at the crossroad of international trade and exclusive rights. The contributions to this important volume ably interface the two legal concepts. Incorporating intellectual property in the WTO and preferential trade agreements is not without longer-term implications for today's decentralised doctrine of exhaustion of intellectual property rights. The book makes a significant contribution to the quest for a proper balance between freer trade and legitimate exclusivity of different forms of IPRs. It is essential reading for all interested in the state of the law on parallel trading in different jurisdictions and the prospects of future and shared developments in international law aiming at a proper balance conducive to welfare and prosperity.' --Thomas Cottier, Professor Emeritus of Law, World Trade Institute, University of Bern, SwitzerlandThe concept of exhaustion of intellectual property rights has proved to be thorny and complex. Collectively the chapters of this Handbook offer the reader a systematic and in-depth treatment of the theoretical, jurisdictional and contextual complexities of the concept. Irene Calboli and Edward Lee have produced an editorial tour de force.' --Peter Drahos, Professor, Australian National University; Chair in Intellectual Property, Queen Mary University of London'This book is a deep dive into the enigmatic role played by the doctrine of exhaustion. The volume offers a framework and a detailed examination of the impact of parallel imports within each of the regimes of copyright, patent, and trademark. It studies exhaustion from the perspective of large and small economies; developed, emerging, and developing countries; right holders, importers, and exporters; producers and consumers; economists and free traders. The collection offers a comprehensive entry into this difficult and contentious issue.' --Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of LawTable of ContentsContents: PART I: THE THEORETICAL FRAMEWORK OF INTELLECTUAL PROPERTY EXHAUSTION 1. Incentives, Contracts, and Intellectual Property Exhaustion Shubha Ghosh 2. The Economic Rationale for Exhaustion: Distribution and Post-Sale Restraints Ariel Katz 3. Exhaustion and Personal Property Servitudes Molly Shaffer Van Houweling 4. “Exhaustion” in the Digital Age Reto M. Hilty PART II: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: THE INTERNATIONAL CONTEXT 5. International Intellectual Property Rules and Parallel Imports Susy Frankel and Daniel J. Gervais 6. Economic Perspectives on Exhaustion and Parallel Imports Keith E. Maskus 7. Working Toward International Harmony on Intellectual Property Exhaustion (and Substantive Law) Vincent Chiappetta 8. Parallel Trade in Pharmaceuticals: Trade Therapy for Market Distortions Frederick M. Abbott PART III: INTELLECTUAL PROPERTY EXHAUSTION AND PARALLEL IMPORTS: REGIONAL AND NATIONAL APPROACHES 9. The European Internal Market: Exhaustion Plus Christopher M. Stothers 10. The Exhaustion Doctrine in Singapore: Different Strokes for Different IP Folks Ng-Loy Wee Loon 11. Parallel Imports and the Principle of Exhaustion of Rights in Latin America Carlos M. Correa and Juan I. Correa 12. Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States John A. Rothchild, PART IV: SELECTED ISSUES (AND CHALLENGES) ON PATENT EXHAUSTION 13. Patent Exhaustion and Free Transit at the Interface of Public Health and Innovation Policies: Lessons to be Learned from EU Competition-Law Practice Josef Drexl 14. Regulatory Responses to International Patent Exhaustion Sarah R. Wasserman Rajec 15. Patent Exhaustion Rules and Self-Replicating Technologies Christopher Heath 16. Development of Patent Exhaustion in Mainland China Xiang Yu and Conghui Yin 17. The Hermeneutics of the Patent Exhaustion Doctrine in India Yogesh Pai PART V: SELECTED ISSUES (AND CHALLENGES) ON TRADEMARK EXHAUSTION 18. Trademark Exhaustion and Its Interface With EU Competition Law Apostolos G. Chronopoulos and Spyros M. Maniatis 19. Trademark Exhaustion and Free Movement of Goods: A Comparative Analysis of the EU/EEA, NAFTA and ASEAN Irene Calboli 20. Using Trademark Law to Override Copyright’s First Sale Rule for Imported Copies in the United States Mary LaFrance 21. New Developments on Trademark Exhaustion in Korea Byungil Kim 22. Trademark Exhaustion and the Internet of Resold Things Yvette Joy Liebesman and Benjamin Wilson PART VI: SELECTED ISSUES (AND CHALLENGES) ON COPYRIGHT EXHAUSTION 23. How Could Taiwan Copyright Act Follow the Patent and Trademark Regime and Adopt International Copyright Exhaustion? Kung-Chung Liu 24. The Marrakesh Treaty and the Targeted Uses of Copyright Exhaustion Marketa Trimble 25. From Importation to Digital Exhaustion: A Canadian Copyright Perspective Pierre-Emmanuel Moyse 26. Exhaustion and the Internet as a Distribution Channel: the Relationship Between Intellectual Property and European Law in Search of Clarification Guido Westkamp 27. Digital Copyright Exhaustion and Personal Property Aaron Perzanowski and Jason Schultz Index

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Book SynopsisIntellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective. This Research Handbook is written in an accessible style that will appeal to intellectual property law scholars, practitioners and experts in the life sciences who are interested in the legal implications of IP for the life sciences.Contributors include: J. Allred, T. Avafia, C. Chiarolla, D. Degen, J.M. Golden, S. Gosh, M. Graf, J. Harrington, A. Heinemann, M.D. Janis, M. Kock, D. Matthews, C.R. McManis, A. Metzger, T. Minssen, C. Mund, P. Paranaguá, A. Plomer, S. Ragavan, M. Rimmer, C. Seitz, T. Takenaka, G. Van Overwalle, D. Wächter, G. Würtenberger, Z. Xinfeng, B. Yagi, B. Yao, H. ZechTrade Review'This exciting volume offers fresh perspectives on the role of IP in areas of high importance, including traditional pharmaceutical industries, biologic drugs and biotechnology, and agriculture. The book also features analyses of IP in national and regional approaches to research and development, and fresh case studies of country experiences. With the participation of authors from a wide range of countries, the volume provides new insights on the law and politics of IP in the life sciences with a truly global perspective. This book will serve as a valuable reference for scholars, students, and practioners.' --Ken Shadlen, London School of Economics and Political Science'In this topical and accessible book Duncan Matthews and Herbert Zech have brought together scholarly work of the highest quality, written by leading experts in the field. Each chapter addresses current issues at the interface of intellectual property and the life sciences in a detailed and comprehensive manner. It is a cogent and thorough volume, written with great clarity and compiled deftly. The book is highly recommended to academic scholars and practitioners alike.' --Maximilian Haedicke, University of Freiburg, GermanyTable of ContentsContents: Preface Part I - Medicine and Pharmaceutics 1. Patenting Biosimilars Claudia Mund 2. Patenting Diagnostics Dieter Wächter 3. Patenting Human Genes in Europe- And how it compares to the US and Australia Timo Minssen 4. Patenting Human Genes in the United States Samantak Gosh 5. An Exorbitant Monopoly: The High Court of Australia, Myriad Genetics, and Gene Patents Matthew Rimmer 6. Exclusivity for Biologics Duncan Matthews Part II - Agricultural Sector (Crop Sciences) 7. Protection of Plant Innovations Gert Würtenberger 8. Patenting Non Transgenic Plants in the EU Michael A. Kock 9. Non-Obvious Plants Mark D. Janis 10. Transgenic Plants James Allred 11. Convention on Biological Diversity and Regulatory Law as Plant Protection Claudio Chiarolla 12. Patents on Native Traits: What Scope of Protection? Axel Metzger Part III - Research and Development 13. The European Union’s IP Policy and Funding of Stem Cell Research Aurora Plomer 14. Stem Cell Patents in the United States John M. Golden 15. Early Stage Patenting, the US Bayh-Dole Act, and the Anti-Commons Hypothesis Charles R. McManis and Brian Yagi 16. IP in Research and Development Agreements Melanie Graf and Herbert Zech 17. Patent pools and clearinghouses in the life sciences: back to the future Geertrui Van Overwalle Part IV - Country Case Studies in IP and the Life Sciences 18. Understanding the Brazilian Patent Reform Pedro Paranaguá 19. IP protection in the life sciences in China Lin Xiuqin and Zhang Xinfeng 20. Diverse Harmonization: Indian Example Srividhya Ragavan 21. Life Science Research and Patents in Japan: A Comparative Study of Life Science Invention Patentability between the Japanese and US Patent Acts Toshiko Takenaka 22. Intellectual Property and the Life Sciences in Kenya: Enforcement and Access to Medicines John Harrington 23. IP and Life Sciences: A Case Study of South Africa Tenu Avafia 24. Thailand’s Compulsory Licenses and the Increase of Investment Arbitration David B. Degen Part V - Boundaries of IP and the Life Sciences 25. Parallel Imports within the European Union Gert Würtenberger 26. Pay for Delay Agreements Claudia Seitz 27. Abusive Filing of IP Rights Andreas Heinemann Index

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Book SynopsisEngaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analyzing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licenses, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties.With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners.Contributors include: O. Kokoulina, B. Lundqvist, M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad, J. Schovsbo, S.F. Schwemer, H. Udsen, E. van ZimmerenTrade ReviewUser Generated Law contains fascinating insights into how models of self-regulation in the IP sector have developed, and how they operate within the State enacted framework. The authors take a number of case studies within different IP fields including collective management and extended collective licenses, cross-border online licensing, patent pools and clearinghouses, and domain names to examine what forces are at play that encourage the emergence of 'autonomy spaces', spaces that the authors argue are present where public policy considerations play only a small role in the overall framework. It is in these spaces that the self-regulatory models can thrive. This book contains thought-provoking contributions that should cause the reader to review our IP framework and to re-think how user-generated law might operate to the benefit of the stakeholders.' --Charlotte Waelde, University of Exeter, UK'As the classic science fiction film Tron notes, we need to fight for the users. This collection does just that in its exploration of user generated law. In particular, it examines the rise of the commons open source licensing, patent clearinghouses, patent pools, the private regulation of internet domain names, and cross border licensing. The collection is particularly significant given the significant evolution of user generated law in our knowledge ecology.' --Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: Preface 1. User Generated Law. Re-constructing Intellectual Property Law in a Knowledge Society Thomas Riis 2. Information Abundance and Knowledge Commons Michael J. Madison 3. Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses Thomas Riis, Ole-Andreas Rognstad and Jens Schovsbo 4. Emerging Models for Cross-border Online Licensing Sebastian Felix Schwemer 5. Open Source Licenses Henrik Udsen 6. IP Coordination Models: Revealing some of the “Magic” behind Patent Pools and Clearinghouses? Esther van Zimmeren 7. More competition-law-FRANDly IPR policies: A Solution to SSOs’ Problems of Self-governance? Olga Kokoulina and Timo Minssen 8. “The Rise of Standardization and the Limits of Self-Governance”: Unilateral Conduct under International Standards from an EU Competition Law Perspective Björn Lundqvist 9. The Private Legal Governance of Domain Names Jens Schovsbo 10. Private Enforcement of IP Law by Internet Service Providers: Notice and Action Procedures Clement Salung Petersen and Thomas Riis Index

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Book SynopsisThe phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law.Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Síthigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. WilliamsTrade Review‘This very interesting collection of papers looks at the interface between intellectual property protection and the media and entertainment industries. . . This book covers a diverse array of subjects, which emphasise the creative fertility of intellectual property law and its scholars.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction Megan Richardson and Sam Ricketson 1. Intellectual Property in News? Why Not? Sam Ricketson and Jane Ginsburg 2. Emerging Rights in Live Spectacles and Other Ephemera David S. Caudill 3. Fair Dealing After Deckmyn: The United Kingdom’s Defence for Caricature, Parody and Pastiche Jonathan Griffiths 4. Fair Use and Transformative Play in the Digital Age David Tan 5. ‘Someone is Angry on the Internet’: Copyright, Creativity and Control in the Context of Fan Fiction Melissa de Zwart 6. The Dancing Baby: Copyright Law, YouTube, and Music Videos Matthew Rimmer 7. One Ring to Rule Them All: Rights in Live Performances Mark Williams 8. A Matter of Respect: The Moral Rights of the Entertainer Elizabeth Adeney 9. Entertaining Foreign Copyrights Graeme W. Austin 10. A Seamless Global Digital Marketplace of Entertainment Content Peter K. Yu 11. Recoding Famous Brands in Advertising and in Entertainment Products: Case Studies on the So-called Harms of Trade Mark Dilution Michael Handler 12. Lego’s System of Play Meets Intellectual Property: From the Engineered Object to Digital Media Dan Hunter and Julian Thomas 13. The Game’s the Thing: Property, Priorities and Perceptions in the Video Games Industries Daithí Mac Síthigh 14. Opportunity Knocks for Dramatic Copyright in Television Formats Lindy Golding 15. Filling the IP Gap: Privacy and Tabloidism Tanya Aplin 16. Publicity Right, Personality Right, or Just Confusion? Graeme Dinwoodie and Megan Richardson 17. Traditional Knowledge as Entertainment Susy Frankel Index

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Book SynopsisThis research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.Trade Review‘This volume collects key writings on the concept of the public domain, in both copyright and patent, offering a selection of indispensable writings. The contents include some of the most influential writings on intellectual property and its limits from the past few decades, using the structuring idea of what must be free for all to use to understand what can be protected by intellectual property law.’ -- Rebecca Tushnet, Harvard Law School, USTable of ContentsContents: Introduction Robert P. Merges and Amy L. Landers PART I DEFINING THE PUBLIC DOMAIN 1. David Lange (1981), ‘Recognizing the Public Domain’, Law and Contemporary Problems, 44 (4), Autumn, 147–78 2. Jessica Litman (1990), ‘The Public Domain’, Emory Law Journal, 39 (4), Fall, 965–1023 3. Pamela Samuelson (2006), ‘Enriching Discourse on Public Domains’, Duke Law Journal, 55 (4), February, 783–834 PART II Justifications FOR the Public Domain 4. Yochai Benkler (1999), ‘Free as the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain’, New York University Law Review, 74 (2), May, 354–446 5. Julie E. Cohen (2005), ‘The Place of the User in Copyright Law’, Fordam Law Review, 74 (2), November, 347–74 6. Wendy J. Gordon (1993), ‘A Property Right in Self Expression: Equality and Individualism in the Natural Law of Intellectual Property’, Yale Law Journal, 102 (7), May, 1533–609 7. Lawrence Lessig (2004), ‘Free(ing) Culture for Remix’, Utah Law Review, 961–75 8. Paul Goldstein (1971), ‘The Competitive Mandate: From Sears to Lear’, California Law Review, 59 (4), June, 873–904 PART III ACCESS TO INFORMATION IN THE PUBLIC DOMAIN 9. James Boyle (2003), ‘The Second Enclosure Movement and the Construction of the Public Domain’, Law and Contemporary Problems, 66 (1/2), Winter/Spring, 33–74 10. Randal C. Picker (2012), ‘Access and the Public Domain’, San Diego Law Review, 49, 1183–214 11. Robert P. Merges (1996), ‘Property Rights Theory and the Commons: The Case of Scientific Research’, Social Philosophy and Policy, 13 (2), July, 145–67 12. Rochelle Dreyfuss (2004), ‘Protecting the Public Domain of Science: Has the Time for an Experimental Use Defense Arrived?’, Arizona Law Review, 46 (3), 457–72 PART IV CREATING WITHIN THE COMMONS 13. Lawrence Lessig (2004), ‘The Creative Commons’, Montana Law Review, 65 (1), Winter, 1–13 14. Yochai Benkler (2002), ‘Coase’s Penguin or, Linux and “The Nature of the Firm”’, Yale Law Journal, 112 (3), December, 369–446 15. Jason Schultz and Jennifer M. Urban (2012), ‘Protecting Open Innovation: The Defensive Patent License as a New Approach to Patent Threats, Transaction Costs, and Tactical Disarmament’, Harvard Journal of Law and Technology, 26 (1), Fall, 1–67 16. Michael J. Madison, Brett M. Frischmann and Katherine J. Strandburg (2010), ‘Constructing Commons in the Cultural Environment’, Cornell Law Review, 95 (4), 657–709 PART V REFLECTIONS ON THE PUBLIC DOMAIN 17. Robert P. Merges (2004), ‘A New Dynamism in the Public Domain’, University of Chicago Law Review, 71 (1), Winter, 183–203 18. Anupam Chander and Madhavi Sunder (2004), ‘The Romance of the Public Domain’, California Law Review, 92 (5), October, 1331–73 Index

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Book SynopsisThis volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.Trade Review‘A very useful collection of exemplary published articles for every reader who wants to obtain an easy overview and to become more familiar with the whole area of intellectual property in the European legal framework.’Table of ContentsContents: Introduction Jan Rosén PART I IP IN THE EUROPEAN LEGAL FRAMEWORK 1. Herman Cohen Jehoram (1994), ‘The E.C. Copyright Directives, Economics and Authors’ Rights’, IIC Studies, 25, 821–39 2. Claes Granmar (2011), ‘Intellectual Property Rights and the Single Market’ Nordiskt Immateriellt Rättsskydd, Issue 4, 321–51 3. Reto M. Hilty (2012), ‘Individual, Multiple and Collective Ownership: What Impact on Competition?’, in Jan Rosen (ed.) Individualism and Collectiveness in Intellectual Property Law, Chapter 1, Cheltenham, UK: Edward Elgar Publishing, 3–44 4. Annette Kur and Dietmar Harhoff (2014), ‘Great Data, Nice Tale, but What’s the Message? The OHIM/EPO Study on the Economic Relevance of IP-Intensive Industries in the EU’, International Review of Intellectual Property and Competition Law, 45, 617–20 5. Lydia Lundstedt (2012), ‘Transborder Patent Entitlement and Ownership Disputes: Which Forum has Jurisdiction?’, Nordiskt Immateriellt Rättsskydd (1), 6–25 6. Christophe Geiger (2010), ‘The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union?’ in Jan Rosen (ed.) Intellectual Property at the Crossroads of Trade, Chapter 8, Cheltenham, UK: Edward Elgar Publishing, 167–81 PART II PATENTS 7. Milosz Malaga (2014), ‘The European Patent with Unitary Effect: Incentive to Dominate? A Look From the EU Competition Law Viewpoint’ International Review of Intellectual Property and Competition Law, 45 (6), September, 621–47 8. Timo Minssen and David Nilsson (2012), ‘The Industrial Application Requirement for Biotech Inventions in Light of Recent EPO and UK Case Law: A Plausible Approach or a Mere “Hunting Licence?”’European Intellectual Property Review, 34 (10), 689–703 9. Joseph Straus (2014), ‘The Bolar Exemption and the Supply of Patented Active Pharmaceutical Ingredients to Generic Drug Producers: An Attempt to Interpret Article 10(6) of Directive 2004/27,’ Journal of Intellectual Property Law and Practice, 9 (11), 895–908 10. Geertrui Van Overwalle (2012), ‘Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion Through Licensing’, in Jan Rośen (ed.) Individualism and Collectiveness in Intellectual Property Law, Chapter 4, Cheltenham, UK: Edward Elgar Publishing, 71–127 11. Perttu Virtanen (2013), ‘Software Patents and “Technology Specific” Exclusion in Article 52 (3) EPC. A Legal Chimera?,’ Nordiskt Immateriellt Rättsskydd, Issue 6, 620–32 12. Alessandro Steinfl (2000), ’The Doctrine of Equivalents through the Eye of the European Patent Convention’, Casrip Symposium Series, 6, July, 114–24 PART III TRADE MARKS 13. Annette Kur (2013), ’Not Prior in Time, But Superior in Right – How Trademark Registrations Can be Affected by Third-Party Interests in a Sign’, IIC - International Review of Intellectual Property and Competition Law, 44, 790–814 14. Alison Firth (2008), ‘Signs, Surfaces, Shapes and Structures – the Protection of Product Design Under Trade Mark Law’, in Graeme B. Dinwoodie and Mark D. Janis (eds) A Handbook of Contemporary Research, Chapter 19, Cheltenham, UK: Edward Elgar Publishing, 498–522 15. Nina Barzey (2010), ‘Functions of a Trademark – A Way of Seeing Life? The Advertising Function and the Relation Between Double Identity and Extended Protection’, Nordiskt Immateriellt Rättsskydd, Issue 4, 324–38 16. Charles Gielen (2014), ’Trademark Dilution under European Law’, Trademark Reporter, 104 (3), May-June, 693–730 17. Paul Maeyaert and Jeroen Muyldermans (2013), ’Likelihood of Confusion in Trademark Law: A Practical Guide Based on the Case Law in Community Trade Mark Oppositions from 2002 to 2012,’ Trademark Reporter, 103 (5), 1032¬–114 PART IV COPYRIGHT AND RELATED RIGHTS 18. Silke von Lewinski (2010) ‘Introduction: Analysis: Sections 1-5’ in Michel Walter and Silke von Lewinski (eds), European Copyright Law. A Commentary, New York: NY, USA: Oxford University Press, 6–38 19. Henrik Bengtsson (2012), ‘EU Harmonization of the Copyright Originality Criterion’, World Service Group, June, 1–8 20. Ana Ramalho (2014), ’Conceptualising the European Union’s Competence in Copyright – What can the EU Do?’, IIC - International Review of Intellectual Property and Competition Law, 45 (2),178–200 21. Petteri Günther (2014), ‘The Principle of Exhaustion and the Resale of Digital Music in Europe: A Comparative Analysis of the Used Soft GmbH v. Oracle International Corp. and Capitol Records, LLC v. ReDigi, Inc. Cases’, Nordiskt Immateriellt Rättsskydd (2), 205–29 22. Johan Axhamn (2014), ’Internet Linking and the Notion of ’New Public’’, Nordiskt Immateriellt Rättsskydd, Issue 2, 110–32 PART V OTHER IP RIGHTS: GEOGRAPHICAL INDICATIONS, INDUSTRIAL DESIGNS, TRADE SECRETS, DATABASES 23. Uma Suthersanen (2011), ‘Function, Art and Fashion: Do we need the EU Design Law?’ Queen Mary, University of London, School of Law, Legal Studies Research Paper No. 88/2011, 1–22 24. Gil Grassie (2014), ’Trade Secrets: the New EU Enforcement Regime’, Journal of Intellectual Property Law & Practice, 9 (8), 677–83 25. Charlotte Waelde (2007)’ Database Copyright: The Story of BHB’ in Paul Torremsans (ed.), Copyright Law. A Handbook of Contemporary Research, Chapter 5, Cheltenham, UK: Edward Elgar Publishing, 109–32 26. Mathew J. Rippon (2014), ‘What is the Geography of Geographical Indications? Place, Production Methods and Protected Food Names’, Area, 46, June, 1–9 27. Henning Grosse Ruse-Khan (2013), ’The International Legal Framework for the Protection of Utility Models: Unmatched Flexibility for Domestic Experimentation?’, The WIPO Journal, 4 (2), 175–90 Index

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Book SynopsisIntellectual property goods are frequently referred to as intangible or abstract. Yet, traditionally, they have almost always needed to be embodied or materialized in order to be protected (and - to a certain extent - to be used and enjoyed), regardless of whether they are copyrighted works, patented inventions or trademarks. With a focus on the issue of access and the challenges of new technologies such as biotechnology and digital technologies, this unique collection analyzes the relationship between intellectual property and its physical embodiments. It contains a mixture of theoretical and practical perspectives and encompasses an interdisciplinary approach, including chapters on the connection between intellectual property and cultural heritage law, cultural property law and international trade law. The book furthermore comprises historical reflections that illuminate how intellectual property has never been purely about the intangible.Intellectual Property and Access to Im/material Goods will be of interest to scholars, practitioners and law and policymakers. Users of intellectual property goods such as museums, libraries, archives and/or other cultural institutions, as well as users of biomaterials, copyrighted works, patented inventions and/or trademarked goods will find value in this book.Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. YuTrade Review'The lines dividing abstract objects, material objects, information and their relationship to digital processes have always been difficult to draw in the context of intellectual property law. This volume is the first to take on this difficult topic in a comprehensive way. It shows the depth of the difficulties, but also provides a theoretical foundation for new approaches to these divides. It is an original and important contribution.' --Peter Drahos, Australian National University'This collection of essays ought to be commended for the comprehensive approach it takes by engaging with a widely known, yet less widely understood, problematic aspect of IP: the requirement of materiality and its limiting effect on access to intellectual creations. While such limiting effect on the digital environment is seen, experienced and discussed in diverse elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties surrounding access to immaterial goods. The volume adopts an effective approach to fully educating the reader about the problem of access, while advancing fresh theoretical approaches.' --Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword Alain Pottage Introduction: The Relationship Between Intellectual Property and its Physical Embodiments Jessica C. Lai and Antoinette Maget Dominicé PART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE 1. Understanding Access to Things: A Knowledge Commons Perspective Michael J. Madison 2. Copyright and the New Materialism Dan L. Burk PART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES 3. The Copy in Copyright Peter K. Yu 4. A Tale of Two Histories: The “Invention” and its Incentive Theory Jessica C. Lai 5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”? Jessica C. Lai PART III PRACTICAL CONSIDERATIONS 6. Digital Lending and Public Access to Knowledge Giorgio Spedicato 7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private Divide Aisling Mcmahon 8. Tangible Meets Intangible: International Trade in Intellectual Property Susy Frankel PART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE 9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural Expressions Michael Blakeney 10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal Traditions Catherine E. Bell, Jessica C. Lai and Laura K. Skorodenski 11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage Institutions Susan Corbett Index

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Book SynopsisThis timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products.Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs.Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. VadiTrade Review'A welcome and timely contribution to the increasingly heated debate in the crucial area at the intersection between intellectual property and public health. A must read for practitioners as well as for scholars.' --Marco Ricolfi, University of Turin, Italy'Enrico Bonadio and Alberto Alemanno have brought together a really stimulating and diverse collection of essays on the relationship between intellectual property and public health. The contributors deal effectively with a wide range of issues - from the conflict between trade mark rights and standardised packaging rules (for tobacco and for other products) to the potential manipulation of intellectual property systems to accommodate health goals.' --Jonathan Griffiths, Queen Mary University of London, UKTable of ContentsContents: Introduction: Setting the Scene Alberto Alemanno and Enrico Bonadio PART 1: LEGAL AND POLICY ISSUES 1. Unpacking plain packaging and other standardization requirements in the light of behavioural sciences Alberto Alemanno 2. On the nature of trademark rights: does trademark registration confer positive or negative rights? Enrico Bonadio 3. Trademarks, tobacco, health: brokerage by fundamental rights? Matthew J. Elsmore 4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulations Jeremy Blum 5. The interface between nutrition and health claims and EU trademark law Ignacio Carreño and Eugenia Costanza Laurenza PART II ADJUDICATING THE NEW INTELLECTUAL PROPERTY OF HEALTH 6. Plain packaging of tobacco products and the WTO challenge Mark Davison 7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law Althaf Marsoof 8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia Andrew D. Mitchell 9. Leveraging certification marks for public health Valentina Vadi PART III REINVENTING THE INTELLECTUAL PROPERTY OF HEALTH 10. Leveraging Certification Marks for Public Health Margaret Chon with Maria Therese Fujiye 11. Terroir and public health: can geographical indications of origin promote ‘healthy’ products? Irene Calboli 12. Patents as a tool to encourage the production of healthier food Enrico Bonadio Index

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Book SynopsisThe second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe.Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, USTrade Review'Authoritative and remarkably comprehensive, European Intellectual Property Law: Text, Cases and Materials is an indispensable resource for any student--or practitioner--seeking to learn the fundamentals of European intellectual property law. In this Second Edition, Kur, Dreier, and Luginbuehl provide an up-to-the-minute account of a fast-changing field.' --Barton Beebe, New York University, US'A great textbook for professors to teach European IP law for both European and non-European students.' --Toshiko Takenaka, University of Washington, US, Keio University, Japan and Technical University of Munich, GermanyTable of ContentsContents: 1. IP, IPRs and the international context 2. IP in the European legal framework 3. Patent Law 4. Trade Marks 5. Copyright 6. Industrial Designs 7. Geographical Indications 8. Plant Varieties 9. IPRs and competition (antitrust) law 10. IPRs and unfair competition law 11. Remedies for infringement 12. Jurisdiction and applicable law Index

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Book SynopsisClimate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.Prior to becoming an academician, the author garnered over fifteen years’ practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.Trade Review‘Technology development and transfer are vital to confronting the climate crisis, but the relationship between cleantech and intellectual property rights has too often been simply asserted or assumed. In this much-needed book, Professor Xiang applies rigorous and evidence-based analysis and advances fresh conclusions and a bold proposal for how to make progress.’ -- Stephen Minas, UNFCCC Technology Executive Committee‘This is a thoughtful, insightful and challenging contribution. It engages deeply and critically with scholarly, empirical and policy contributions from wide geographical bases. Xiang develops a proposal for enabling cleantech development and transfer both globally and locally, moving beyond a focus on transfer to developing countries, and this warrants serious consideration.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: 1. Introduction: A viable pathway for enabling developing countries to attract foreign cleantech and build domestic cleantech innovation 2. Concepts and linkages: Global community, climate change, sustainable development, cleantech PART I INTERNATIONAL CLEANTECH TRANSFER 3. International cleantech transfer examined PART II GLOBAL CLEANTECH DEVELOPMENT 4. Necessity and reality of global cleantech development PART III A SOLUTION 5. A proposal for enabling global cleantech development and international cleantech transfer 6. International aid for building capacities in developing countries for cleantech importation and innovation 7. Mutually beneficial international cleantech collaboration 8. Sustainable domestic cleantech innovation by developing countries 9. Appraisal of the proposal Conclusion – a pathway to global sustainable development, to our shared future Index

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Book SynopsisAs a 'Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque.This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas:- Legal foundations, mandate and purpose- Decision-making structures, processes and practices- Financial arrangements (such as income sources and the budget process)- Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation)- Transparency and external relations.The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public.Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.Trade ReviewI can confidently say that this reference guide is by far the most comprehensive book to date on WIPO and its very complicated and unique governance structure. It is an important, timely and much-needed resource that will very quickly become a classic in the field. Carolyn Deere Birkbeck's book will be of immense benefit to practitioners, including WIPO staff, government officials and IGO/NGO observers following WIPO matters, as well as academics and students of international organizations --Edward Kwakwa, Legal Counsel, WIPOFor anyone interested in the international intellectual property system Carolyn Deere Birkbeck's reference guide is an obligation. This is not simply a guide describing the organic and normative structure of this future-defining UN Organization, but it's a practical guide to its functioning, culture and dynamics. With amazing detail and insightful information, Deere Birkbeck has written the ultimate guide to WIPO. It should be in every Geneva diplomat and delegate's book shelf. --Maximiliano Santa Cruz, Chilean National Institute of Industrial Property, ChileAn invaluable resource for deciphering the WIPO institutional enigma. Must-have reading for the Geneva diplomatic corps and others that seek to influence international IP policy. --Frederick M. Abbott, Florida State University College of LawTable of ContentsContents: 1. Introduction 2. What is WIPO and What Does its Secretariat do? 3. WIPO’s Governance System: An Analytical Framework 4. WIPO’s Legal Foundations, Mandate and Purpose 5. WIPO’s Decision-making Structure, Processes and Practices 6. WIPO’s Financial Arrangements and Budget Process 7. Mechanisms for Control, Oversight and Accountability of the WIPO Secretariat 8. External Relations and Transparency 9. Conclusion Index

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