Intellectual property law Books

Book SynopsisThis topical book brings to the fore new and standard-setting research into the connection between indigenous cultural heritage, international trade and economic development of indigenous peoples.Trade Review‘... the book is unique as a first publication to address all relevant viewpoints of international law on the topic of ICH trade. We have in one volume a comprehensive picture of indigenous peoples ' interests in cultural heritage and development. ... The editors can be congratulated on producing an amazingly rich volume... This is legal research at the cutting edge, and for once not so Euro-American centric.’ -- Laura Nader, The IP Law Book Review‘This timely and pioneering volume provides an ethnically sensitive exploration of the international trade in indigenous cultural heritage. The country reports are informative and insightful; they greatly enrich our understanding of the realities on the ground in Australia, Canada, New Zealand and the United States. The book also contains concrete and practical recommendations. It is essential reading for anyone interested in learning more about the protection and development of indigenous cultural heritage.’ -- Peter K. Yu, Drake University Law School, US‘Christoph Graber, Karolina Kuprecht and Jessica Lai have brought together authors who know the field, given them a set of concrete themes and through meticulous editing have produced an integrated work that has the strength of collective insight. This book sets the standard for researchers working on those difficult issues raised by trade and commerce in indigenous cultural heritage.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: Foreword Paul L.A.H. Chartrand Preface Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai PART I: METHODOLOGY AND SOCIAL CONTEXT 1. Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method Christoph B. Graber 2. Indigenous Self-Government, Cultural Heritage and International Trade: A Sociological Perspective Duane Champagne PART II: INTERNATIONAL LAW PERSPECTIVES 3. International Indigenous and Human Rights Law in the Context of Trade in Indigenous Cultural Heritage John Scott and Federico Lenzerini 4. Finding Space in the Margins? Recognising the Rights of Indigenous Peoples in the WTO Fiona Macmillan 5. Attempts to Protect Indigenous Culture through Free Trade Agreements Susy Frankel 6. Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies Christoph Antons 7. International Trade in Indigenous Cultural Heritage: An IP Practitioners’ Perspective Martin Girsberger and Benny Müller 8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade Brigitte Vézina 9. International Trade in Indigenous Cultural Heritage: An Argument for Indigenous Governance of Cultural Property Rebecca Tsosie 10. International Trade in Moveable Tangible Cultural Heritage of Indigenous Peoples: A European Perspective Karolina Kuprecht and Kurt Siehr 11. Indigenous Cultural Heritage in Development and Trade: Perspectives from the Dynamics of Cultural Heritage Law and Policy Rosemary J. Coombe with Joseph F. Turcotte 12. International Trade in Indigenous Cultural Heritage: Comments from UNESCO in Light of its International Standard-Setting Instruments in the Field of Culture Francesco Bandarin PART III: COUNTRY REPORTS (UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND) 13. A United States Perspective on the Protection of Indigenous Cultural Heritage Carole E. Goldberg 14. Ownership and Trade of Aboriginal Cultural Heritage in Canada Catherine Bell 15. International Trade in Indigenous Cultural Heritage: An Australian Perspective Kathy Bowrey 16. A New Zealand Perspective on the Protection of Mātauranga Māori (Traditional Knowledge) Susy Frankel PART IV: CONCLUSIONS 17. The Trade and Development of Indigenous Cultural Heritage: Completing the Picture and a Possible Way Forward Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai Index

Read more less

Book SynopsisIn the 21st century the information commons provides critical raw material for creativity and innovation.Trade Review‘This thoughtful and deeply analytical text examines in detail what the author, Robert Cunningham, describes as ‘the nexus between the physical environment and the information environment’ and explores the ways in which ‘environmental analytical frameworks’ might also apply to the information environment. . . IP theorists in particular, as well as environmental lawyers and academics will appreciate the insights revealed and the often new and original avenues of thought which Cunningham opens up to scrutiny as a result of his careful research. Certainly this book deserves a place in the well read practitioner’s professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Cunningham’s first title is an articulate analogy between the physical and informational environments, which provides a thorough application of ecological and environmentalist discourse to the information environment.’ -- Catherine Pocock, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. Information Environmentalism 2. Information Paradox and Public Goods 3. Externalities and Monopolies 4. Information Commons 5. Tragedy of (Ignoring) the Information Semicommons 6. The Social Ecology of Information Environmental Governance 7. Should the Information Commons have Standing? 8. Rational Truths, Reasonable Arguments and Rhetorical Imagination 9. Public Choice Theory and Social Production 10. Constitutional Economics and the Separation of (Economic) Power 11. Control, Alt, Delete: Towards an Information Environmental Governance Framework Index

Read more less

Book SynopsisIt grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law’s impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts.Trade Review’In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.’ -- - From the foreword by Michael Trebilcock, University of Toronto, CanadaFor the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions - particularly WIPO and the WTO - to foster the development of, and administer, sound international patent policy.’ -- Rochelle Dreyfuss, New York University, School of LawTable of ContentsContents: Foreword Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law: Autarkic Analysis 2. The Value of Diversity: Relaxed Autarky 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References Index

Read more less

Book SynopsisThe expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies.Trade Review‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha 2. Pharmaceutical Production and Access to Essential Medicines in South Africa Heinz Klug 3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy Gaëlle Krikorian 4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia Tatiana Andia 5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS Alenka Guzmán 6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program Matthew Flynn 7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies Kenneth C. Shadlen 8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience Jean-Frédéric Morin and Mélanie Bourassa Forcier 9. Access to Indian Generic Drugs: Emerging Issues N. Lalitha 10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China Mariko Watanabe and Luwen Shi 11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country Samira Guennif 12. The TRIPS Agreement and Health Innovation in Bangladesh Padmashree Gehl Sampath Index

Read more less

Book SynopsisThe respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.Trade ReviewPublished by Edward Elgar as part of their admirable ATRIP intellectual property series, this book should have an immediate appeal to intellectual property law scholars everywhere, certainly worldwide. . . For those involved in the field of intellectual property this book provides much information and food for thought based on what we would conclude is much original, thorough and extensive research by a very select and talented grouping of specialist IP lawyer, the book is certainly interesting reading and, we would have thought, an essential purchase for your library. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Opening Remarks to the 2010 ATRIP Congress PART I: IP RIGHTS AND COMPETITION LAW 1. Individual, Multiple and Collective Ownership: What Impact on Competition? Reto M. Hilty 2. The Law and Economics of Progress: IP Rights and Competition Policy Rudolph J.R. Peritz 3. The Multiplicity of Territorial IP Rights and its Impact on Competition Ole-Andreas Rognstad PART II: INDIVIDUALISM AND COLLECTIVENESS IN PATENT LAW 4. Individualism, Collectivism and Openness in Patent Law: From Exclusion to Inclusion through Licensing Geertrui Van Overwalle PART III: INDIVIDUALISM AND COLLECTIVENESS IN COPYRIGHT LAW 5. Collectivism and its Role in the Frame of Individual Contracts Silke von Lewinski 6. Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules? Sylvie Nérisson 7. The Emerging U.S. Approach to Orphan Works: A Partial Fault Standard for Copyright Infringement Steven A. Hetcher 8. The Necessity to Collectivize Copyright – and Dangers Thereof Jens Schovsbo 9. Two Perspectives on the Proposed Google Book Settlement John Cross and Fredrik Willem Grosheide PART IV: INDIVIDUALISM AND COLLECTIVENESS IN TRADEMARK LAW 10. Reconciling Individualism and Collectiveness in Trademark Merchandising in the United States Irene Calboli 11. The Competitive Significance of Collective Trademarks Alexander Peukert 12. Multinationals’ Global Governance on the Internet Hong Xue 13. Trademark Take-over or Sui Generis Regimes: Absolute Merchandising Rights in Sports Katja Weckström PART V: TEACHING AND RESEARCH IN IP LAW – INDIVIDUAL AND COLLECTIVE ASPECTS 14. Virtual Teachers: A Copyright Paradox? Laura Carlson and Sanna Wolk 15. The Education Sector and Copyright Issues in the Digital Age: A Perspective from Africa Adejoke Oyewunmi Index

Read more less

Book SynopsisThis authoritative volume includes a selection of seminal articles published in the emerging field of technological progress and innovation. The first part of the book is dedicated to the economics of innovation, while the following parts include important papers in various legal areas that focus on innovation.Trade Review‘Lawyers, post-graduate students of law and economics, as well as policy makers and judges concerned with the issues raised by class actions will find this book, with its copious footnotes, a valuable tool for further research into this emerging area of law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Acknowledgements Introduction Eli M. Salzberger PART I ECONOMICS OF INNOVATION 1. Nathan Rosenberg (1976), ‘On Technological Expectations’ 2. Richard R. Nelson and Sidney G. Winter (1977), ‘In Search of Useful Theory of Innovation’ 3. Partha Dasgupta and Joseph Stiglitz (1980), ‘Industrial Structure and the Nature of Innovative Activity’ 4. Zoltan J. Acs and David B. Audretsch (1988), ‘Innovation in Large and Small Firms: An Empirical Analysis’ 5. Paul M. Romer (1990), ‘Endogenous Technical Change’ 6. David J. Teece (1992), ‘Competition, Cooperation, and Innovation: Organizational Arrangements for Regimes of Rapid Technological Progress’ 7. Chris Freeman (1994), ‘The Economics of Technical Change’ 8. Giovanni Dosi (1997), ‘Opportunities, Incentives and the Collective Patterns of Technological Change’ 9. Gregory N. Stock, Noel P. Greis and William A. Fischer (2002), ‘Firm Size and Dynamic Technological Innovation’ PART II IP AND INNOVATION 10. Steven Shavell and Tanguy van Ypersele (2001), ‘Rewards versus Intellectual Property Rights’ 11. Philip J. Weiser (2003), ‘The Internet, Innovation, and Intellectual Property Policy’ 12. Gregory N. Mandel (2005), ‘Promoting Environmental Innovation with Intellectual Property Innovation: A New Basis for Patent Rewards’ 13. Tim Wu (2006), ‘Intellectual Property, Innovation, and Decentralized Decisions’ 14. John M. Golden (2010), ‘Principles for Patent Remedies’ PART III PARTICULAR INDUSTRIES 15. Bruce Kogut and Anca Metiu (2001), ‘Open-Source Software Development and Distributed Innovation’ 16. Kal Raustiala and Christopher Sprigman (2006), ‘The Piracy Paradox: Innovation and Intellectual Property in Fashion Design’ PART IV ANTI-TRUST AND INNOVATION [170 pp] 17. David J. Teece and Mary Coleman (1998), ‘The Meaning of Monopoly: Antitrust Analysis in High-Technology Industries’ 18. Michel A. Carrier (2008), ‘Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation Markets’ 19. Daniel F. Spulber (2008), ‘Competition Policy and the Incentive to Innovate: The Dynamic Effects of Microsoft v. Commission’ PART V TORTS 20. Gideon Parchomovsky and Alex Stein (2008–09), ‘Torts and Innovation’ PART VI REGULATION 21. Jukka Similä (2002), ‘Pollution Regulation and Its Effects on Technological Innovations’ 22. Rebecca S. Eisenberg (2007), ‘The Role of the FDA in Innovation Policy’

Read more less

Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland‘The third edition of The Art Collecting Legal Handbook is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UKTable of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA

Read more less

Book SynopsisTrade Review‘My advice to beginners in patent and innovation law scholarship, whether students or junior faculty, has always been the same: start by reading Rochelle Dreyfuss’s work on the subject. Improving Intellectual Property is a wide-ranging collection of insightful writing inspired by Rochelle’s work that vindicates the soundness of that advice. It also inspires a second piece of advice: Next, read this volume!’ -- Katherine Strandburg, New York University School of Law, US‘There is much insight, much to provoke, some to annoy, some to disagree with, and lots to make you think in this book. But not much to bore you. It is an exceptional tribute by some heavyweight names in the IP World to the great scholar and lawyer, Rochelle Dreyfuss.’ -- Robin Jacob, University College London, UKTable of ContentsContents: Preface xiv Rochelle Dreyfuss: Teacher, Builder, Scholar, Friend xv Harry First Acknowledgements xix List of common citations xx List of common abbreviations xxi 1 Introduction 1 Graeme Dinwoodie and Susy Frankel PART I ADDRESSING BOUNDARIES AND IMBALANCE 2 Prioritizing intellectual property’s freedom to operate 7 Margaret Chon 3 Are negative spaces likely to be fragile? 18 Christopher Jon Sprigman 4 The Marrakesh Treaty: Using the tools of intellectual property law to advance human rights 28 Laurence R. Helfer PART II PUBLIC HEALTH, PANDEMICS AND CRISES 5 Winning and losing pairings in access to medicines: A practical guide 39 Peter F. Drahos 6 COVID crisis underscores IP imbalance 50 Cynthia M. Ho 7 Using compulsory licences as a governance tool: The need for greater effectiveness and policy coherence 61 Duncan Matthews, Esther van Zimmeren and Timo Minssen 8 Food security, food crisis and boundaries to intellectual property 75 Geertrui Van Overwalle PART III PATENT CHALLENGES 9 The case for a liability rule to stimulate investment in sub-patentable innovation 88 Jerome H. Reichman and Ana Santos Rutschman 10 How do we protect biomedical research in the evolving intellectual property environment? 95 Dianne Nicol and Jane Nielsen 11 The validity of patent royalties after patent expiration: Brulotte/Kimble from the viewpoint of Japanese private international law 106 Toshiyuki Kono 12 ‘Tool Time’: The continuing relevance of compulsory licensing as a patent policy tool 116 Margo A. Bagley 13 US patent reform 2.0: Simplifying first-inventor-to-file novelty 126 Toshiko Takenaka PART IV DISPUTE SETTLEMENT AND COURT SPECIALIZATION 14 The Federal Circuit’s reach as a specialized court beyond patent law 138 Jeanne C. Fromer 15 Specialization everywhere: Increasing adjudicator specialization in the patent litigation ecosystem 149 Sarah R. Wasserman Rajec and Melissa F. Wasserman 16 The Unified Patent Court: A new patent troll haven 159 Thomas Riis 17 Transnational judicial competition in intellectual property law 170 Marketa Trimble 18 Navigating public, private, national, and global: International commercial arbitration of patent disputes 180 Barbara Lauriat PART V AUTHORS AND INVENTORS 19 Authors’ copyright (?) 191 Jane C. Ginsburg 20 Authors’ moral rights in the Berne Convention 204 Gustavo Ghidini and Laura Moscati 21 AI machines as inventors: The role of human agency in patent law 214 Brad Sherman 22 Artificial inventors 224 Daniel Gervais PART VI EXPRESSIVE GENERICITY AND FREEDOMS 23 Patent exhaustion as a canon of expressive freedom 235 Dan L. Burk 24 Expressive genericity revisited: What EU policymakers can learn from Rochelle Dreyfuss 246 Martin Senftleben 25 The sensibility of ‘expressive genericity’ and the rise (and potential fall) of Rogers v. Grimaldi in American trademark law 258 Barton Beebe 26 Trademarks as language in the 21st century 266 David Tan 27 Do trademarks assist global fabless manufacturing? 277 Stephen Petrie, Trevor Kollmann, Russell Thomson, Alexandru Codoreanu and Elizabeth Webster PART VII INFORMATION/DATA AND CONFIDENTIALITY/PUBLICITY 28 Information law pioneer 290 Sharon K. Sandeen 29 The right of publicity as civic communication 301 Megan Richardson 30 Governing valuable confidential data in the EU: Transparency as fairness 310 Nari Lee 31 FAIR, FRAND and open – the institutionalization of research data sharing under the EU data strategy 320 Mireille van Eechoud 32 A shifting paradigm of regulatory data transparency in Europe: How to reconcile the irreconcilable 331 Żaneta Zemła-Pacud PART VIII NON-DISCRIMINATION ISSUES 33 Remuneration rights and national treatment 342 Bernt Hugenholtz 34 The limits of national treatment 354 Annette Kur 35 Discriminatory non-discrimination 364 Susy Frankel 36 Non-discrimination as to the field of commerce as a norm of international trade mark law 374 Lionel Bently PART IX MAKING INTERNATIONAL IP AND INVESTMENT LAW 37 Proceduralism is not fetishism: International intellectual property lawmaking and global administrative law 386 Orit Fischman Afori 38 Early findings on the economic impacts of intellectual property-related trade agreements 397 Keith E. Maskus and William Ridley 39 The changing chemistry between intellectual property and investment law 406 Peter K. Yu 40 Investment treaties and public health: Time to rethink the strategy? 417 Dhanay Cadillo Chandler 41 Excluding intellectual property from bilateral trade and investment agreements: A lesson from the global health crisis 427 Christophe Geiger PART X INSTITUTIONS AND POLITICAL DRIVERS 42 Justifying the public law of patents 439 Kali Murray 43 WIPO alert – a reason to be alerted? 450 Alexander Peukert 44 A scholarly look at international IP – idealistic and pragmatic 462 Justin Hughes and Ruth L. Okediji 45 IP in an era of new mercantilism 475 Daniel Benoliel 46 Toward pluralism in U.S. intellectual property 486 Michael J. Burstein 47 Does IP improve the world? 494 Henning Grosse Ruse-Khan Index

Read more less

Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index

Read more less

Book SynopsisTrade Review‘This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.’ -- Mark P. McKenna, UCLA School of Law, US‘The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today’s practitioners.’ -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US‘Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and “free riding” across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.’ -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaTable of ContentsContents: Foreword xxxiii Preface xxxv Table of Cases xxxvii Table of Laws and Rules li PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW 1 Overview of International Dilution Law 2 Daniel R. Bereskin 2 Historical Roots of European Dilution Law 10 Ilanah Fhima 3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34 Jerre B. Swann PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD 4 Argentina 87 Jorge Otamendi 5 Australia 103 Odette Gourley 6 Brazil 128 Peter Dirk Siemsen and Rafael Atab 7 Canada 143 Daniel R. Bereskin 8 Chile 164 Rodrigo Velasco S. 9 China 174 Xuemin Chen 10 Trademark Dilution in the European Union 188 Charles Gielen 11 India 227 Dev S. Gangjee 12 Israel 247 Neil Wilkof and Narda Ben-Zvi 13 Japan 263 Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance 14 Republic of Korea (Korea) 279 Cheon-Woo Son and Angela Kim 15 Mexico 290 Roberto Arochi 16 Singapore 308 Elizabeth V. Cardoza and Gladys Mirandah 17 South Africa 324 Wim Alberts and Owen Salmon 18 Switzerland 340 Patrick Troller and Gallus Joller 19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353 Theodore H. Davis Jr 20 Survey Evidence in U.S. Dilution Cases 417 Gerald L. Ford and AnnaBelle Sartore PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION 21 Unfair Advantage Law in the European Union 441 Ilanah Fhima and Sir Robin Jacob 22 Dilution and Freedom of Expression in Europe 467 Wolfgang Sakulin 23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517 Anthony L. Fletcher and Kristen McCallion Index 542

Read more less

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

Read more less

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

Read more less

Book Synopsis

Read more less

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

Read more less

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

Read more less

Book SynopsisTrade Review‘This field guide to AI Law takes you on a thorough tour of the legal and regulatory AI landscape, both as it currently stands and how it might look in the future. You can tell Lothar has spent a lot of time considering the concrete problems and risks with AI and how they might play out in a business setting. He does a masterful job laying out the practical steps in-house counsel can take now to mitigate legal threats, protect consumer data, and have a plan in place for when regulators come calling.’ -- Maria Dinzeo, Journalist, Law.com, US‘With this terrific and incredibly timely Guide, Prof. Determann confirms his unique talent to be able to foresee and anticipate the main legal challenges which digitization raises for lawyers, companies, agencies at local and federal level but also for legal scholars and students. It is, by far, the best and most complete travelling compass, clear, structured and advanced, for anybody who needs an AI law road star. Unmissable.’ -- Oreste Pollicino, Professor of Constitutional Law and Media Law, Bocconi University, Italy‘Artificial intelligence has taken the digital and legal worlds by storm. Drawing on his extensive experience navigating the digital revolution, Lothar Determann has thoughtfully framed the latest and possibly most dramatic phase. His AI Guide provides legal professionals and their clients with systematic checklists for traversing this new frontier.’ -- Peter S. Menell, University of California at Berkeley School of Law, US‘Determann’s Field Guide is an essential read for anyone grappling with policies, processes and procedures for the use of generative AI. Determann skilfully navigates the reader through a constantly shifting technology and legal landscape. This is a “must read” for anyone seeking to understand what’s at stake in developing a practical framework for using AI in an organizational context.’ -- Ardi Kolah, Founding Editor-in-Chief, Journal of Data Protection and Privacy, UK‘As always, what a masterpiece, this book on artificial intelligence law, typical of Dr. Lothar Determann. This book has extensively consolidated legal requirements and best practices through extensive coverage of topics, such as data protection, ownership of AI, drafting documentation, assessing impacts and mitigating risks and essential checklists. Dr. Lothar’s knowledge, experience, and expertise in the field of artificial intelligence is extensively displayed across the chapters and this book will be most useful and a must read for lawyers and corporate professionals across jurisdictions.” -- Anand Mehta, Partner, Khaitan and Co., IndiaTable of ContentsContents: About Your Guide Orientation Key terms The Landscape 1 Artificial intelligence law 2 Starting an AI law compliance program 3 Drafting documentation 4 Assessing impacts and mitigating risks 5 AI agreements 6 Protocols 7 Maintaining and auditing compliance Checklist: AI Law Compliance Resources List of abbreviations Index

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisPresuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.Trade Review[E]minently readable and erudite...Rooksby's attempts to bring back balance and sanity to a situation that seems almost out of control are detailed and well argued. Times Higher EducationTable of ContentsPrefaceAcknowledgments Chapter 1 - Intellectual Property, Higher Education, and the Public Good Of Mice and Money Public Goods and Private Goods: Higher Education and Intellectual Property Private Rights, Public Goods, and the Role of Institutional Agency Why Intellectual Property Law and Policy Matter to Higher Education Outline of the Book Chapter 2 - Intellectual Property Explained Copyright Patent Trademark Trade SecretInternet Domain Names Right of Publicity Chapter 3 - University(TM) Rolling Heads, Rolling Tide The Emergence of Trademark Protection in Higher Education Trademark Rights Accretion in Higher Education The Harms That Come from Trademark Rights Accretion Trademark Rights Accretion and the Public GoodHigher Education's Trademark Enforcement Itch Trademark Enforcement and the Public Good Private Rights, Public Goods Chapter 4 - University Patents Under the Sun Our Bodies, Their Genes University Engagement in Patenting and Technology Transfer Pre-1980 Activity Post-1980 Activity Institutional Intellectual Property Polices and Structures Affecting Patenting University Patenting and Technology Transfer Today Myriad Choices Sue U. Universities and Patent Reform Private Rights, Public Goods Chapter 5 - Copyright on Campus Designs on Your Design Copyright Ownership and Use in Higher Education Company in the Classroom Digital Dilemmas Private Rights, Public Goods Chapter 6 - In Pursuit of Brand: Names, Domain Names, Images, Slogans, and Secrets A Bear of a Brand The Power of Brand New Names, New Meaning Expanding Domains EDUCAUSE and the.EDU College and University Battles for Cyberspace Higher Education's Online Brand and the Public Good Made in Their Image Insert Catchy New Slogan Here Keeping Secrets Private Rights, Public Goods Chapter 7 - Private Rights in the Public Interest: A Path ForwardStopping the Accretion: Bringing Sanity Back to College and University Trademarks Patent Law Made University Friendly From Claiming Copyright to Claiming CommonsPulling Back from Brand Implementing Intellectual Property Change on Campus Private Rights in Service of the Public Good Appendix Notes Index

Read more less

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

Read more less

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 *

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

Book SynopsisThe manual deals with the relevant legal framework and the confidentiality of the arbitration procedure after an introduction into the peculiarities of arbitration disputes concerning IP disputes. Special emphasis is placed on the recitals in the drafting of the agreement, including the special features of the FRAND arbitration procedure. Furthermore, a description of what is to be observed in the implementation of the arbitration procedure and what remedies are available to the arbitration parties are presented in a practical manner. Finally, questions of the enforcement of arbitration laws in the field of intellectual property are dealt with. An indispensable tool for lawyers and patent attorneys.

Read more less

Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsCOPYRIGHT, DESIGNS AND RELATED RIGHTS UK Copyright, Designs and Patents Act 1988 Registered Designs Act 1949 Duration of Copyright and Rights in Performances Regulations 1995 Copyright and Related Rights Regulations 1996 The Copyright and Rights in Databases Regulations 1997 Community Design Regulations 2005 Community Design Regulations 2005 (as modified) Artist’s Resale Right Regulations 2006 Intellectual Property (Enforcement, etc.) Regulations 2006 Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 Designs (International Registration of Industrial Designs) Order 2018 EU Council Directive 93/83 (the cable and satellite directive) Council Directive 96/9 (legal protection of databases) Council Directive 98/71 (legal protection of designs) Directive 2001/29 (copyright and related rights in the information society) Council Directive 2004/48 (enforcement of intellectual property rights) Council Directive 2006/115 (rental right and lending right and certain rights related to copyright) Council Directive 2006/116 (term of protection of copyright and certain related rights) Directive 2009/24 (legal protection of computer programs) Directive 2012/28 (certain permitted uses of orphan works) Directive 2014/26 (collective management of copyright and related rights) Regulation (EC) 6/2002 (Community designs) Regulation (EC) 6/2002 (Community designs) (as modified) INTERNATIONAL Berne Convention for the Protection of Literary and Artistic Works (1886) Rome Convention (1961) WIPO Copyright Treaty (1996) Agreed Statements Concerning The WIPO Copyright Treaty WIPO Performances and Phonograms Treaty (1996) Agreed Statements Concerning The WIPO Performances And Phonograms Treaty PATENTS UK Patents Act 1977 European European Patent Convention (1973) Protocol on the Interpretation of Article 69 of the European Patent Convention EU Directive 98/44 (legal protection of biotechnological inventions) Regulation 469/2009 (supplementary protection certificates) TRADE MARKS, GEOGRAPHICAL NAMES AND UNFAIR COMPETITION UK Trade Marks Act 1994 Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 Business Protection from Misleading Marketing Regulations 2008 Consumer Protection from Unfair Trading Regulations 2008 EU Directive 2006/114/EC (misleading and comparative advertising) Directive (EU) 2015/2436 (trade marks) Directive (EU) 2016/943 (trade secrets) The Trade Secrets (Enforcement, etc.) Regulations 2018 Regulation (EU) No 608/2013 (intellectual property rights) INTERNATIONAL Madrid Agreement Concerning the International Registration of Marks (1891) Protocol to the Madrid Agreement (1989) Paris Union and WIPO Joint Recommendation concerning Provisions on the Protection of Well-Known Marks (1999) Paris Union and WIPO Joint Recommendation concerning Provisions on the Protection of Marks, and other Industrial Property Rights in Signs, on the Internet (2001) International Classification of Goods and Services under the Nice Agreement, 2021 Version INTELLECTUAL PROPERTY ON THE INTERNET UK Dispute Resolution Service Policy (2016) Electronic Commerce (EC Directive) Regulations 2002 INTERNATIONAL Rules for Uniform Domain Name Dispute Resolution Policy (2013) Uniform Domain Name Dispute Resolution Policy (1999) MULTIDISCIPLINARY LEGISLATION, AGREEMENTS AND TREATIES Paris Convention for the Protection of Industrial Property (1883) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) (2017) European Union (Withdrawal) Act 2018 Agreement on the withdrawal of the United Kingdom 2019 Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom European Union (Future Relationship) Act 2020 Index

Read more less

Book SynopsisThis book provides practitioners with a guide for handling legal due diligence in international M&A transactions. In addition to the legal aspects, it looks at organizational aspects (composition of the team, cooperation of the parties, preparation by the seller), and the use of technological tools. The book covers specific areas such as corporate law, financing, real estate, commercial contracts, intellectual property, information technology, employees, environmental law, compliance, insurance, and tax. The detailed subject index also enables quick, targeted access.

Read more less

Book SynopsisSince the last edition ten years ago the pace of technological and legal change has stepped up even more than before with previous editions. New legislation is in force such as the General Data Protection Regulation (GDPR) and UK Data Protection Act 1998 and from 1 January 2021 "UKGDPR". The UK Information Commissioner has been looking closely at "Ad Tech" and what has become known as "big data" and how data are gathered on-line. Intellectual Property law in the ecommerce area has also changed. There is a very recently agreed new EU copyright directive which is due to be implemented in the 27 EU member states (but not the UK) in 2021. The post-Brexit transition period expired on 31 December 2020 which has implications for the application of ecommerce law in a number of different areas which are all addressed in the new addition. The 2010 EU vertical regulation and guidelines have recently been built on with the EU "geo-blocking" regulation and the related EU Commission's initiatives in relation to ecommerce in the anti-trust area. In 2020 the UK implemented changes in relation to EU law in the revised 2018 Audiovisual Media Services Directive (AVMS) through the Audiovisual Media Services Regulations 2020 which are addressed in the new edition as post-Brexit the UK is retaining this legislation. Other updates include the distance selling legislation in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 which came into force since the last edition. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.Table of ContentsChapter 1: Technological convergence Chapter 2: Digital rights Chapter 3: Brands Chapter 4: Data in a digital world Chapter 5: Digital marketing Chapter 6: User-generated content and social media Chapter 7: The Audiovisual Media Services Directive Chapter 8: Video-on-demand Chapter 9: Contracting Appendix 1 Information to be provided on the supplier’s website and prior to formation of a contract with a customer Appendix 2 Information to be provided in a ‘durable medium’ (eg an email or in permanent form online) Appendix 3 Wholly and partially exempt contracts Appendix 4 Execution of deeds Appendix 5 250 Model form for cancellation of distance contract Chapter 10: Jurisdiction and enforcement

Read more less

Book SynopsisThis book integrates a science and business approach to provide an introduction and an insider view of intellectual property issues within the biotech industry, with case studies and examples from developing economy markets. Broad in scope, this book covers key principles in pharmaceutical, industrial, and agricultural biotechnology within four parts. Part 1 details the principles of intellectual property and biotechnology. Part 2 covers plant biotechnology, including biotic and abiotic stress tolerance, GM foods in sustainable agriculture, microbial biodiversity and bioprospecting for improving crop health and productivity, and production and regulatory requirements of biopesticides and biofertilizers. The third part describes recent advances in industrial biotechnology, such as DNA patenting, and commercial viability of the CRISPR/Cas9 system in genome editing. The final part describes intellectual property issues in drug discovery and development of personalized medicine, and vaccines in biodefence. This book is an ideal resource for all postgraduates and researchers working in any branch of biotechnology that requires an overview of the recent developments of intellectual property frameworks in the biotech sector.Table of ContentsPart 1: Biotechnology and Intellectual Property Issues 1: Biotechnology in Agriculture, Medicine and Industry: An Overview 2: Biotechnology and its Development in Developing Countries: Can IPR’s Foster Innovation in the Field? 3: Patent Eligibility Issues in Life Science Innovations: Contentious Court Cases 4: Checks and Balances in Biotechnology Related Patents: In Agreement to the Indian Patents (Amendment) Act, 2005 5: Intellectual Property in Biotechnology Sector. The Importance of “Star Scientists” in the Entrepreneurship and Universities Environment Part 2: Intellectual Property Issues in Agricultural Biotechnology 6: Intellectual Property in Agricultural Biotechnology: From Patent Thickets to Generics 7: Bioprospecting for Improving Soil Health and Crop Productivity: Indian Patent Landscape 8: Seeds of Change: Genetically Modified Crops, Canada’s Agricultural Growth Act and the Erosion of Farmers’ Privilege 9: Recent Innovations in Agricultural Biotechnology: Challenging the Status Quo 10: Chinese Innovation System: The Case of Agricultural Knowledge Sharing 11: IPR Regime for Agricultural Biotechnology in India Part 3: Intellectual Property Issues in Industrial Biotechnology 12: DNA Patenting 13: The Development of Patentability of Genetic Patent in Mainland China and Taiwan 14: Bioprospecting Microbial Diversity: IPR Issues 15: CRISPR/Cas9 system, A Revolutionary Technology for Genome Editing: Applications and IP Disputes Part 4: Intellectual Property Issues in Pharmaceutical Biotechnology 16: Healthcare Innovation, Personalization, and the Patent System: Where is the Public Interest? 17: Patentability of Human Embryo Stem Cell: A Comparative Analyse of Case WARF in United States and Europe 18: Innovation and Intellectual Property Issues in the “Decade of Vaccines”: a Brazilian Perspective 19: Promoting Access To Health Care Through Biosimilars: Addressing Intellectual Property Rights And Regulatory Barriers 20: Changing Paradigm for IPR Protection in Drug Discovery Research: Where India Stands 21: Intellectual Property Rights in Drug Development and Biotechnology 22: Leishmaniasis: Drug Development and IP Issues

Read more less

Book SynopsisWithin the open innovation paradigm, firms need to operate efficiently in markets for technology. This book presents original research on technology transactions, market intermediaries and, specifically, the role of auctions as a novel transaction model for patented technologies. Frank Tietze delivers an in-depth discussion of the impact of empirical results upon transaction cost theory, and in so doing, provides the means for better understanding technology transaction processes in general, and auctions in particular. Substantiating transaction cost theory with empirical auction data, the author goes on to explore how governance structures need to be designed for effective distributed innovation processes. He concludes that the auction mechanism is a viable transaction model, and illustrates that the auction design, as currently operated by market intermediaries, requires thorough adjustments. Various options for possible improvements are subsequently prescribed. The theoretical facets of this book will strongly appeal to business economists, while its practical implications will provide an illuminating read for both academics and practitioners in the fields of innovation and intellectual property. Revealing empirically substantiated technology prices, this book will also prove to be of great interest to policy makers for further developing the markets for technology.Trade Review'This study of technology auctions is long overdue. The book provides a better understanding of intermediaries, and their role and impact in markets for technology. Both scholars and managers will find it insightful.' --Alfonso Gambardella, Bocconi University, Italy'From this book, managers, academics and innovation policy makers will all benefit from new insights into the complex relationships between external technology exploitation strategies, patents, technology trade and open innovation processes. The convincing evidence - drawn from a dataset of technology auctions - helps firms to understand which of their patents are suitable for auction, and also provides guidance to intermediaries to help improve the auction models. The data presented in this book contributes to further price transparency on technology markets and hence to their further development.' --Hugo Tschirky, ETH Zurich, SwitzerlandTable of ContentsContents: Foreword Part I: Setting the Scene 1. Introduction 2. Research Methodology Part II: Technology Transactions and Auctions 3. A Firm Perspective on Technology Transactions 4. Technology Market Intermediaries 5. Auctions for Technology Transactions 6. Technology Properties 7. Transaction Cost Theory Part III: An Empirical Study of Technology Auctions 8. Methodological Approaches 9. Auction Governance Structures 10. Analysis of Auctioned Technologies 11. Discussion of Results 12. Conclusions, Implications, and Research Recommendations Annexes References Index

Read more less

Book SynopsisOver the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons.By illustrating NPOs' role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual-commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years.This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement.Contents: 1. Introduction 2. Commons, Intellectual Commons, and Their Tragedies 3. NPOs and the Commons Environment 4. Current NPO Theories and Their Applications 5. Associating NPOs with the Commons Environment 6. Conclusion Appendices Bibliography indexTrade Review'Practitioners as well as scholars and researchers in intellectual property as well as IT will appreciate the author's quite original perspective NPOs and their role in supporting the production of intellectual commons.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'There is no issue more fundamental to the growth of the open source society than a more mature and penetrating understanding of the nature of the nonprofit organization in a digital culture. Professor Lee s book is essential reading to this fundamental topic, beautifully written and brilliantly conceived.' --Lawrence Lessig, Harvard Law School, US'Jyh-An Lee provides the first comprehensive account of nonprofit organizations and their overlooked role in setting (and working around) intellectual property policy. The reader will find a wealth of information and a novel theory of NPOs as part of the IP ecosystem.' --Mark A. Lemley, Stanford Law School, USTable of ContentsContents: Preface 1. Introduction 2. Commons, Intellectual Commons, and their Tragedies 3. Nonprofit Organizations and the Commons Environment 4. Current Nonprofit Organization Theories and their Applications 5. Associating Nonprofit Organizations with the Commons Environment 6. Conclusion Appendices Bibliography Index

Read more less

Book Synopsis'This is an important addition to the growing volumes of literature on Chinese intellectual property law. The book provides an excellent selection of essays written by well-known academics and policy makers that sheds light on the process of innovation shaped by national policies and makes readers re-think the role of law in fostering innovation. This is a must read for those who wonder to what extent the stereotypical image of China as the intellectual property norm receiver still holds true.'- Nari Lee, Hanken School of Economics, Finland'This book is jointly created by leading experts from China, Australia, the US, UK and Ireland. Working in academic, governmental and judicial sectors, these authors navigate the topics from the wide realms of law, economics, international relations, government policies, practical issues, industrial fieldworks and comparative studies. The study is very detailed and unique, and presents a fresh, holistic and international study of the contexts and specifics of China's innovation policies, intellectual property strategies and industrial development trends, which as a whole, may remain largely unknown. Western readers who are interested in China's knowledge-based economy should not miss out on this authoritative book.'- Liu Chuntian, President, China Intellectual Property Law Society, Dean of Intellectual Property School, Renmin University of China, BeijingChina is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of 'insiders' perspectives' from China, with the analysis of international scholars.With contributions from leading authors - including Dr Kong Xiangjun, President of the Intellectual Property Tribunal at the Supreme People's Court of China this book is the first comprehensive response to a highly controversial and largely under-developed field of inquiry. It seeks to unveil and understand the complexities and challenges that confront China's innovation economy, setting out the cultural and historical context, the strategies that form the basis for this evolution, and the measures China has at its disposal to protect intellectual property.The book will be hugely valuable to all those who have interest in China s development, and seek to understand the likely path of China's future economic models and legal reforms. Offering a holistic perspective combining global, domestic and cultural-historical spectrums, it will also prove a key resource for Intellectual property scholars and lawyers.Contributors: Z. Deng, X. Feng, S. Grimes, P.S.Hofman, M. Keane, X. Kong, A. Newman, K.Shao, W. Shi, L. Yang, P.K.Yu, Z. Zhang, D.U. WeikeTrade Review'This book shows clearly that the Chinese IPR law is at the service to the ascension of Chinese high-tech industries and its building up of innovation capacity. The Chinese culture and history, in this context, sounds much like a justification to the proactive Chinese industrial policies that guiding the Great Leap Forward of Innovation.' --Cairn.info'This innovative book is essential reading for those who are interested in China's IP and innovation strategies. A lot has been written about China's IP laws and their rapid evolution over the last two decades. China is also developing a national innovation strategy and the substantial merit of this book is that it offers an in-depth analysis of both those elements and, even more importantly, of the way in which they interact. That latter aspect is needed, but found rarely.' --Paul Torremans, University of Nottingham, UK'Academics, researchers and intellectual property lawyers - whether involved directly or indirectly with clients doing business in China - will find this timely publication with its 'insider perspectives' eminently useful.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Forward Graham Dutfield 1. The Cores and Contexts of China’s 21st-century National Innovation System Ken Shao 2. Roadmaps of China’s National-level Intellectual Property Strategy Outline Zhang Zhicheng 3. Implementations of China’s Rejuvenation through Knowledge Yang Lihua 4. Challenges to China’s Self-driven Innovation and Intellectual Property Practice Feng Xiaoqing 5. Efforts and Tendencies in China’s Judicial Practice of Intellectual Property Kong Xiangjun and Du Weike 6. The Cluster Effect in China: Real or Imagined? Michael Keane 7. Determinants of Product Innovation in Chinese Private Small and Medium-Sized Enterprises Peter S. Hofman, Alexander Newman and Ziliang Deng 8. Foreign R&D in China: an Evolving Innovation Landscape Seamus Grimes 9. Intellectual Property, Innovation, and the Ladder of Development: Experience of Developed Countries for China Wei Shi 10. The International Enclosure of China’s Innovation Space Peter K. Yu Index

Read more less

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

Read more less

Book SynopsisThis detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.Trade ReviewAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica). --- Catherine Rhodes, The University of Manchester, UKTable of ContentsContents: 1. Introduction 2. Antarctica 3. Outer Space and Planetary Objects 4. Seas and Oceans 5. Genetic Resources within the Jurisdiction of Nation States 6. Plant Genetic Resources for Food and Agriculture 7. Human Pandemic Influenza Virus 8. Observations and Conclusions Bibliography Index

Read more less

Book SynopsisOn the heels of his earlier work Medical Patent Law - The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his 'treatment' of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose's latest work to be invaluable.'- Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot'This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.'- Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia'The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale.'- Paul Torremans, University of Nottingham, UKThis well-researched book explores in detail the issue of patenting medical and genetic diagnostic methods in the United States.It examines decisions of the Patent Office Boards of Appeal and the early courts on the question of whether medical treatments were eligible for patent protection under section 101 of the Patents Act. It then traces the legislative history of the Medical Procedures and Affordability Act that provided immunity for physicians from patent infringement suits. After considering the Supreme Court's jurisprudence on patent eligibility, the book then comprehensively sets out how the Federal Circuit and the Supreme Court have dealt with the issue, paying close attention to the Supreme Court's recent decision in Bilski and Prometheus.Being the first book to comprehensively cover patenting medical methods, it will appeal to patent agents, patent attorneys, solicitors and barristers working in patent and medical law worldwide, medical practitioners and healthcare professionals, in-house legal and regulatory departments of pharmaceutical companies. Researchers and managers in the chemical, medical, pharmaceutical and biotechnology industries, as well as academics specializing in medical law or patent law, will also find much to interest them in this book.Contents: Preface 1. Introduction 2. Initial Determination 3. Legislative Intervention 4. Patent-Eligibility 5. Consideration by the Federal Circuit 6. Consideration by the Supreme Court 7. Conclusions Bibliography IndexTrade Review‘On the heels of his earlier work Medical Patent Law – The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his “treatment” of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose’s latest work to be invaluable.’ -- Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot‘This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.’ -- Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia‘The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale. . .’ -- Paul Torremans, University of Nottingham, UK‘For researchers, the tables of cases and of national and international legislation are particularly useful and of course, there’s a host of handy references to be gleaned from the bibliography and the footnotes throughout. For anyone involved in intellectual property, medical law or patents, this book should be considered an essential purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. Introduction 2. Initial Determination 3. Legislative Intervention 4. Patent-Eligibility 5. Consideration by the Federal Circuit 6. Consideration by the Supreme Court 7. Conclusions Bibliography Index

Read more less

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

Read more less

Book SynopsisFew changes in the world of intellectual property (IP) have been as transformative as the advent and proliferation of digital content works. The high value of these works in modern society has prompted calls for new IP standards to promote the protection - and the sharing - of such valuable assets. Table of ContentsContents: Volume I Acknowledgements Introduction Richard S. Gruner PART I RETHINKING IP FRAMEWORKS IN A DIGITAL AGE 1. Pamela Samuelson (1996), ‘The Quest for Enabling Metaphors for Law and Lawyering in the Information Age’ 2. Peter S. Menell (1994), ‘The Challenges of Reforming Intellectual Property Protection for Computer Software’ 3. Raymond T. Nimmer (2011), ‘Information Wars and the Challenges of Content Protection in Digital Contexts’ PART II COPYRIGHTS AND DIGITAL CONTENT 4. Mark Stefik (1997), ‘Shifting the Possible: How Trusted Systems and Digital Property Rights Challenge Us to Rethink Digital Publishing’ 5. Jessica Litman (2004), ‘Sharing and Stealing’ 6. Julie E. Cohen (2000), ‘Copyright and the Perfect Curve’ 7. Paul Goldstein (1986), ‘Infringement of Copyright in Computer Programs’ 8. David McGowan (2001), ‘Legal Implications of Open-Source Software’ 9. Ann Bartow (2001), ‘Libraries in a Digital and Aggressively Copyrighted World: Retaining Patron Access through Changing Technologies’ 10. Jane C. Ginsburg (2008), ‘Separating the Sony Sheep from the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs’ 11. Pamela Samuelson (2010), ‘Google Book Search and the Future of Books in Cyberspace’ PART III TRADEMARKS AND DIGITAL CONTENT 12. Dan L. Burk (1998), ‘Trademark Doctrines for Global Electronic Commerce’ 13. Stacey L. Dogan and Mark A. Lemley (2004), ‘Trademarks and Consumer Search Costs on the Internet’ 14. J. Thomas McCarthy (2000), ‘Trademarks, Cybersquatters and Domain Names’ 15. Carl Oppedahl (1997), ‘Remedies in Domain Name Lawsuits: How is a Domain Name Like a Cow?’ 16. Maureen A. O’Rourke (1997–1998), ‘Defining the Limits of Free-Riding in Cyberspace: Trademark Liability for Metatagging’ 17. Jennifer E. Rothman (2005), ‘Initial Interest Confusion: Standing at the Crossroads of Trademark Law’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I PATENTS AND DIGITAL CONTENT 1. Bradford L. Smith and Susan O. Mann (2004), ‘Innovation and Intellectual Property Protection in the Software Industry: An Emerging Role for Patents?’ 2. Donald S. Chisum (1986), ‘The Patentability of Algorithms’ 3. Jay Dratler, Jr. (2003), ‘Does Lord Darcy Yet Live? The Case Against Software and Business-Method Patents’ 4. Dan L. Burk and Mark A. Lemley (2005), ‘Designing Optimal Software Patents’ 5. Richard S. Gruner (2003), ‘Everything Old is New Again: Obviousness Limitations on Patenting Computer Updates of Old Designs’ 6. John R. Allison and Ronald J. Mann (2007), ‘The Disputed Quality of Software Patents’ 7. John R. Allison, Abe Dunn and Ronald J. Mann (2007), ‘Software Patents, Incumbents, and Entry’ 8. Stuart J.H. Graham, Robert P. Merges, Pam Samuelson and Ted Sichelman (2009), ‘High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey’ PART II OTHER PROTECTIONS FOR IP IN DIGITAL CONTENT 9. Victoria A. Cundiff (2009), ‘Reasonable Measures to Protect Trade Secrets in a Digital Environment’ 10. Dan L. Burk (2000), ‘The Trouble With Trespass’ 11. Kristen Osenga (2009), ‘Information May Want to Be Free, but Information Products Do Not: Protecting and Facilitating Transactions in Information Products’ 12. Peter K. Yu (2006), ‘Anticircumvention and Anti-Anticircumvention’ 13. Irina D. Manta (2011), ‘The Puzzle of Criminal Sanctions for Intellectual Property Infringement’ 14. Shubha Ghosh (2009), ‘Open Borders, Intellectual Property and Federal Criminal Trade Secret Law’ PART III FUTURE CULTURAL AND BUSINESS INFLUENCES 15. Lawrence Lessig (2006), ‘Re-Crafting a Public Domain’ 16. R. Polk Wagner (2003), ‘Information Wants to Be Free: Intellectual Property and the Mythologies of Control’ 17. Olufunmilayo B. Arewa (2010), ‘YouTube, UGC, and Digital Music: Competing Business and Cultural Models in the Internet Age’ 18. Yochai Benkler (2002), ‘Coase’s Penguin, or, Linux and The Nature of the Firm’ 19. Robert P. Merges (2008), ‘The Concept of Property in the Digital Era’

Read more less

Book SynopsisIntellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful title consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.Trade Review‘Mossoff has compiled a rich collection of the best law journal articles involving various aspects of the increasingly complex domain of intellectual property rights. In a digital age where words, art, photographs, videos, ad music are now "shared" at increasingly viral speeds, Mossoff's Intellectual Property and Property Rights provides communication professors and lecturers with valuable classroom teaching tools, supported by intriguing real-world cases, for helping their students understand what can fairly be used.’Table of ContentsContents: Acknowledgements Introduction Adam Mossoff PART I PROPERTY THEORY AND INTELLECTUAL PROPERTY RIGHTS A. Descriptive and Normative Accounts of "Intellectual Property" as Property 1. Lawrence C. Becker (1993), ‘Deserving to Own Intellectual Property’ 2. Frank H. Easterbrook (1990), ‘Intellectual Property is Still Property’ 3. Richard A. Epstein (2001), ‘Intellectual Property: Old Boundaries and New Frontiers’ 4. Wendy J. Gordon (1993), ‘A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property’ 5. Robert P. Merges (2008), ‘The Concept of Property in the Digital Era’ 6. Henry E. Smith (2007), ‘Intellectual Property as Property: Delineating Entitlements in Information’ B. Copyright 7. Justin Hughes (2006), ‘Copyright and Incomplete Historiographies: Of Piracy, Propertization, and Thomas Jefferson’ 8. Richard A. Epstein (2005), ‘Liberty Versus Property? Cracks in the Foundations of Copyright Law’ 9. Christopher M. Newman (2011), ‘Transformation in Property and Copyright’ C. Patents 10. Adam Mossoff (2007), ‘Who Cares What Thomas Jefferson Thought About Patents? Reevaluating the Patent “Privilege” in Historical Context’ 11. F. Scott Kieff (2001), ‘Property Rights and Property Rules for Commercializing Inventions’ 12. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ D. Trademarks 13. Mark P. McKenna (2006-2007), ‘The Normative Foundations of Trademark Law’ E. Trade Secrets 14. Robert G. Bone (1998), ‘A New Look at Trade Secret Law: Doctrine in Search of Justification’ 15. Eric R. Claeys (2011), ‘Private Law Theory and Corrective Justice in Trade Secrecy’ PART II THE PROPERTY-BASED CRITIQUE OF INTELLECTUAL PROPERTY 16. Tom G. Palmer (1990), ‘Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects’ 17. Tom W. Bell (2008), ‘Copyright as Intellectual Property Privilege’

Read more less

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

Read more less

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’

Read more less

Book SynopsisIntellectual Property at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonization in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.Contributors include: M. Barczewski, D. Beldiman, I. Calboli, J. de Werra, J. Drexl, C. Geiger, G. Mazziotti, C.R. McManis, J. Pelletier, I. Stamatoudi, S. Sykuna, P. Torremans, G. WestkampTable of ContentsContents: Foreword PART I: IP LICENSING, EXHAUSTION AND COMPETITION LAW 1. EU Competition Law and Parallel Trade in Pharmaceuticals: Lessons to be Learned for WTO/TRIPS? Josef Drexl 2. Cross-border Licensing in the Absence of a Choice of Law: Is There a Way Forward? Paul Torremans 3. Emerging Escape Clauses? Online Exhaustion, Consent and European Copyright Law Guido Westkamp 4. An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and its Impact on International Trade) Irene Calboli 5. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra 6. Commercialization of Genetic Resources: Leveraging Ex Situ Genetic Resources to Shape Downstream IP Protection Dana Beldiman 7. Managing Online Music Rights in the European Digital Single Market: Current Scenarios and Future Prospects Giuseppe Mazziotti PART II: ASPECTS OF THE ANTI-COUNTERFEITING TRADE AGREEMENT 8. The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union? Christophe Geiger 9. Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA) Charles R. McManis and John S. Pelletier 10. ACTA, Internet Service Providers and the Acquis Communautaire Irini Stamatoudi 11. ACTA and Access to Medicines in the Perspective of Theory of Hard Cases Maciej Barczewski and Sebastian Sykuna Index

Read more less