Intellectual property law Books

Book SynopsisThe patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics.This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues.Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. ZhuangTable of ContentsContents: PART I Introduction 1. Emerging Markets and the World Patent Order: The Forces of Change Frederick M. Abbott, Carlos M. Correa and Peter Drahos PART II Context 2. Intellectual Property Activity Worldwide – Key Trends, Facts, and Figures Carsten Fink 3. The Geo-politics of the World Patent Order Susan K. Sell 4. Rethinking the Patent System from the Perspective of Economics Haiyang Zhang 5. Rethinking the Role of the Patent Office from the Perspective of Responsive Regulation Peter Drahos 6. The Technology Transfer Debates and the Role of Emerging Economies Padmashree Gehl Sampath and Pedro Roffe 7. Development Strategies of Emerging Economies in the Era of Climate Change: Do Patent Statistics Tell us Anything? Konstantinos Karachalios PART III The BRICS Brazil 8. Patents and the Emerging Markets of Latin America – Brazil Denis Borges Barbosa China 9. Evolution of the Patent System in China Wei Zhuang India 10. India in the World Patent Order Rajeev Kher Russia 11. Russian Trip to the TRIPS: Patent Protection, Innovation Promotion and Public Health Tetyana Payosova South Africa 12. Harmonizing the National Policies for Healthcare, Pharmaceutical Industry and Intellectual Property: The South African Experience Andre Kudlinski 13. Patent Law in Emerging Economies: South Africa Yousuf A. Vawda PART IV ASEAN 14. Patents and the Emerging Markets of Asia: ASEAN and Thailand Jakkrit Kuanpoth PART V The Middle East 15. IP Policy and Regulation in the Arab World: Changes, Challenges and Opportunities Mohammed El Said PART VI The OECD Response Europe 16. The Impact of Emerging Market Patent Systems on Europe: Awaiting “The Rape of Europa”? Geetrui Van Overwalle Japan 17. IP-Based Nation: Strategy of Japan Yoshiyuki Tamura USA 18. The United States Response to Emerging Technological Powers Frederick M. Abbott

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

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Book SynopsisThis remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.'- Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.'- Beebe Barton, New York University School of Law, US'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.'- Peter Drahos, Australian National University and Queen Mary University of London, UKResearch Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.Contributors include: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. YuTrade Review'This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’ -- Jerome H. Reichman, Duke University, School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' -- Beebe Barton, New York University, School of Law, US'As he has done throughout his career in edited books, Christophe Geiger – Europe's leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.' -- Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK'Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research' -- Thomas Cottier, University of Bern, Switzerland'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' -- Peter Drahos, Australian National University and Queen Mary University of London, UK‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’ -- The Barrister MagazineTable of ContentsContents: Foreword Catherine Trautmann Introduction Christophe Geiger 1. Mapping the Interface Between Human Rights and Intellectual Property Laurence R. Helfer PART I LEGAL REALITY BEHIND HUMAN RIGHTS 2. Human Rights and Balancing: The Principle of Proportionality Jonas Christoffersen 3. Interaction Between Human Rights: Are All Human Rights Equal? Peggy Ducoulombier 4. Interaction Between International Human Rights Law and the European Legal Framework Rhona Smith 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights Henning Grosse Ruse-Khan 6. Human Rights and Philosophical Foundations of Intellectual Property Daniel Gervais PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU Tuomas Mylly 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature Alexander Peukert 9. Human Rights and International Intellectual Property Law Hannu Wager and Jayashree Watal 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects Xavier Seuba 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Carlos Correa Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe Thomas Dreier and Marco Ganzhorn 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries Denis Borges Barbosa and Charlene de Ávila Plaza 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies Toshiko Takenaka and Linda Falcon 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM) Philipp Von Kapff 16. Human Rights in the Case Law of the EPO Boards of Appeal Agnieszka Kupzok PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright Dirk Voorhoof 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System Martin Senftleben 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections Jacqueline D. Lipton 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights Guido Westkamp 21. Freedom to Conduct a Business, Competition and Intellectual Property Gustavo Ghidini and Andrea Stazi 22. Right to Property and Trade Secrets Tanya Aplin 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial Jonathan Griffiths 24. Digital Copyright Enforcement Measures and their Human Rights Threats Peter K. Yu Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents Aurora Plomer 26. Right to Health and Patents Duncan Matthews 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement Jeffrey M. Samuels 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources Claudio Chiarolla 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection? Dev S. Gangjee 30. Right to Culture and Copyright: Participation and Access Caterina Sganga 31. Human Rights, Persons with Disabilities and Copyright Abbe Brown and Charlotte Waelde Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework? Ahmed Abdel-Latif 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples Susy Frankel 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Sue Farran PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Christophe Geiger Index

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

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

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

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Book SynopsisAs intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.'- Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade.In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets.The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis.Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. WestphalTrade Review‘As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today’s global business environment. And educators will find it an important reference for training future business leaders.’ -- Daniel R. Cahoy, Penn State University, USTable of ContentsContents: Introduction Lynda J. Oswald and Marisa Anne Pagnattaro PART I: PUBLIC POLICY CONSIDERATIONS 1. The Individual Liability of Corporate Officers Under Patent and Copyright Law Lynda J. Oswald 2. Employee-Created Health Care Innovation at a Crossroads Julie Manning Magid 3. Contracts for Knowledge Protection Across a Global Workforce Norman D. Bishara PART II: WORKPLACE RAMIFICATIONS 4. Certification Marks as Private Employment Regulation Jamie Darin Prenkert 5. The Intersection of Smartphone Technology and Fair Labor Standards Robert C. Bird PART III: GLOBAL INTERSECTIONS 6. Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft Marisa Anne Pagnattaro and Stephen Kim Park 7. Reducing the Risk of Cross-Border Trade Secret Misappropriation Elizabeth A. Brown 8. Who Owns Employee Works? Pitfalls in a Globally Distributed Work Environment Susan J. Marsnik and Romain L. Lorentz 9. Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis David Orozco 10. Political, Economic, and Public Policy Constraints on the Use of Human Resource Practices to Protect Intellectual Property in China and the United States Christine M. Westphal Index

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

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

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

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

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Book SynopsisWhat is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments.Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification.Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.Trade Review'The protection of intellectual property rights in international investment law has considerable potential for future development. This pioneering work is full of nuanced and insightful analysis. It is a must for academics and practitioners in the field' --Christoph Schreuer, University of Vienna, AustriaTable of ContentsContents: I. Intellectual Property Rights as Foreign Direct Investments: Does Intellectual Property (and Related Rights) Qualify as an ‘Investment’? 2. Protection Against Expropriation, National Treatment, Most-Favoured-Nation and Fair and Equitable Treatment Standards of Protection and their Relevance in the Context of Intellectual Property Rights Investments 3. Intellectual Property Rights Investments – Key Issues 4. Intellectual Property Rights Investments: Mapping Uncharted Waters Conclusion Index

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

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Book SynopsisThe rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists.Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field.Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. WeatherallTrade Review‘Such lucid and concise commentary is typical of the insightful discussions on IP to be found in this book. Published by Edward Elgar, it is an important contribution to the body of scholarly literature on intellectual property and a valuable addition to the IP practitioner’s professional library. ’ -- Phillip Taylor, The Barrister MagazineTable of ContentsIntroduction: Graeme Dinwoodie 1. Contract Lex Rex: Towards Copyright Contract’s Lex Specialis Giuseppina D’Agostino 2. The Enforceability of Mass-Market e-Commerce Licenses and Social Networking Agreements: Is Copyright or Contract Law the New Lex Specialis? Charles R. McManis and Brett Garrison 3. Fair is as Fair Does: Contractual Normative Regulation of Copyright User Contracts in South Africa Caroline B. Ncube 4. Compelling Disclosure of Software Interoperablility Information: A Risk for Innovation or a Balanced Solution? Begoña G. Otero 5. Is IP Law a Lex Specialis? A Dual Test Gustavo Ghidini 6. Inclusivity in Intellectual Property Séverine Dusollier 7. Private Ordering and Consumers’ Rights in Copyright Law: A View of Japanese Consumers Branislav Hazucha, Hsiao-Chien Liu and Toshihide Watabe 8. Intellectual Property Protection for Fame, Luxury, Wines, and Spirits: Lex Specialis for a Corporate “Dolce Vita” or a “Good Quality Life”? Irene Calboli 9. Provocations and Challenges Concerning Enforcement and Civil Procedure in IP Kimberlee Weatherall 11. A “Bundle” of National Patents v a European Patent with Unitary Effect - A Jurisdictional Comparison Torsten Bjørn Larsen 12. IP, Disability, Culture and Exceptionalism: Does Copyright Law Deal with Difference? Abbe Brown and Charlotte Waelde Index

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Book SynopsisThis timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.'- Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. WestedTrade Review‘This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics – from smartphone wars to fashion design and from synthetic biology to digital content – this book greatly advances our understanding of open and collaborative innovation.’ -- Peter K. Yu, Drake University Law School, USTable of ContentsContents: INTRODUCTION Exclusion and Inclusion: The Role of IP Laws in a Shared Knowledge Environment Dana Beldiman PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW 1. Coopetition: The Role of IPRs Gustavo Ghidini and Andrea Stazi 2. FRAND, Hold-up and Hold-out Thomas Vinje 3. Standardization, IPRs and Open Innovation in Synthetic Biology Timo Minssen and Jakob B. Wested PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT 4. Openness in Trademark Law: A Viable Paradigm? Annette Kur 5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation Jacques de Werra 6. Expressive Dimensions of Design: A Question of Incentive? Dana Beldiman PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT 7. A Positive Status for the Public Domain Séverine Dusollier 8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success Michael W. Carroll 9. Exhaustion of Rights: A Concept for the Digital World? Ansgar Ohly Index

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

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

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

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

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

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Book SynopsisThis illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.Trade Review‘Innovation has become a vitally important field of study in the modern era. This edited two-volume compilation offers the single best collection of insights that scholars of innovation - including but not limited to intellectual property professors - have to offer about what innovation is, why it is essential to economic growth, and how to foster it. It is a major accomplishment to have brought these insightful works together.’ -- Pam Samuelson, University of California, Berkeley, USTable of ContentsContents: Introduction Shubha Ghosh PART I INTRODUCTION: THE CONCEPT OF INNOVATION AND THE ROLE OF LAW 1. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’, Columbia Law Review, 90 (4), May, 839–916 2. Brett Frischmann (2000), ’Innovation and Institutions: Rethinking the Economics of U.S. Science and Technology Policy’, Vermont Law Review, 24, Fall, 347–416 3. Robert Cooter (2005), ‘Innovation, Information, and the Poverty of Nations’, Florida State University Law Review, 33 (2), Winter, 373–93 4. Ronald J. Gilson, Charles F. Sabel and Robert E. Scott (2013), ‘Contract and Innovation: The Limited Role of Generalist Courts in the Evolution of Novel Contractual Forms’, New York University Law Review, 88 (3), April, 170–215 5. Katherine J. Strandburg (2009), ‘Evolving Innovation Paradigms and the Global Intellectual Property Regime’, Connecticut Law Review, 41 (3), February, 861–920 PART II INCENTIVES, LAW AND INNOVATION 6. Amy L. Landers (2006), ‘Let the Games Begin: Incentives to Innovation in the New Economy of Intellectual Property Law’, Santa Clara Law Review, 46 (2), 307–75 7. Jonathan B. Baker (2007), ‘Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation’, Antitrust Law Journal, 74 (3), 575–602 8. Giovanni Dosi, Luigi Marengo and Corrado Pasquali (2007), ‘Knowledge, Competition and Innovation: Is Strong IPR Protection Really Needed for More and Better Innovations?’, Michigan Telecommunications and Technology Law Review, 13 (2), Spring, 471–85 9. Petra Moser (2012), ‘Innovation without Patents: Evidence from World’s Fairs’, Journal of Law and Economics, 55 (1), February, 43–74 10. Dotan Oliar (2012), ‘The Copyright-Innovation Tradeoff: Property Rules, Liability Rules, and Intentional Infliction of Harm’, Stanford Law Review, 64 (4), April, 951–1020 11. Ted Sichelman (2010), ‘Commercializing Patents’, Stanford Law Review, 62 (2), January, 341–413 12. Thomas Cheng (2013), ‘Putting Innovation Incentives Back in the Patent-Antitrust Interface’, Northwestern Journal of Technology and Intellectual Property, 11 (5), April, 385–439 13. Murat C. Mungan (2014), ‘Less Protection, More Innovation?’, Supreme Court Economic Review, 22 (1), January, 123–46 14. Lisa Larrimore Ouellette (2015), ‘Patentable Subject Matter and Nonpatent Innovation Incentives’, UC Irvine Law Review, 5 (5), December, 1115–45 PART III CUMULATIVE AND OPEN INNOVATION 15. Clarisa Long (2000), ‘Patents and Cumulative Innovation’, Washington University Journal of Law and Policy, Re-Engineering Patent Law: The Challenge of New Technologies, 2, January, 229–46 16. Joel West (2009), ‘Policy Challenges of Open, Cumulative, and User Innovation’, Washington University Journal of Law and Policy: Open Source and Proprietary Models of Innovation, 30, 17–41 17. Keith Sawyer (2009), ‘The Collaborative Nature of Innovation’, Washington University Journal of Law and Policy: Open Source and Proprietary Models of Innovation, 30, 293–324 18. Chidi Oguamanam (2013), ‘Open Innovation in Plant Genetic Resources for Food and Agriculture’, Chicago-Kent Journal of Intellectual Property, 13 (1), 11–50 19. Clark D. Asay (2015), ‘Enabling Patentless Innovation’, Maryland Law Review, 74 (3), 431–95 Volume II Contents Introduction An introduction to both volumes by the editor appears in Volume I PART I SOCIAL DIMENSIONS OF INNOVATION 1. Doris Estelle Long (2008), ‘Crossing the Innovation Divide’, Temple Law Review, 81 (2), Summer, 507–43 2. Anupam B. Jena, Stéphane Mechoulan and Tomas J. Philipson (2010), ‘Altruism and Innovation in Healthcare’, Journal of Law and Economics, 53 (3), August, 497–518 3. Peter Lee (2014), ‘Social Innovation’, Washington University Law Review, 92 (1), 1–71 4. Sofia Ranchordás (2015), ‘Does Sharing Mean Caring? Regulating Innovation in the Sharing Economy’, Minnesota Journal of Law, Science and Technology, 16 (1), 413–75 PART II INNOVATION AND MARKETS 5. Jonathan B. Baker (1999), ‘Promoting Innovation Competition through the Aspen/Kodak Rule’, George Mason Law Review, 7 (3), Spring, 495–521 6. Tim Wu (2006), ‘Intellectual Property, Innovation, and Decentralized Decisions’, Virginia Law Review, 92 (1), March, 123–47 7. Timothy O’Hearn (2008), ‘Guarding Profits from Innovation: Successful Intellectual Property Strategies’, DePaul Business and Commercial Law Journal, 6 (3), Spring, 433–50 8. Jonathan M. Barnett (2009), ‘Property as Process: How Innovation Markets Select Innovation Regimes’, Yale Law Journal, 119 (3), December, 384–456 9. John D. Harkrider and Russell M. Steinthal (2011), ‘The Open Source Paradox: Innovation in the Absence of Exclusive Property Rights’, Competition Law International, 7 (2), November, 38–41 10. Robert W. Gomulkiewicz (2012), ‘Fostering the Business of Innovation: The Untold Story of Bowers v. Baystate Technologies’, Washington Journal of Law, Technology and Arts, 7 (4), Spring, 445–66 11. Michael A. Carrier (2012), ‘Copyright and Innovation: The Untold Story’, Wisconsin Law Review, 2012 (4), November, 891–962 12. Colleen Chien (2014), ‘Startups and Patent Trolls’, Stanford Technology Law Review, 17 (2), Winter, 461–505 PART III INNOVATION POLICY 13. Marlynn Wei (2007), ‘Should Prizes Replace Patents? A Critique of the Medical Innovation Prize Act of 2005’, Boston University Journal of Science and Technology Law, 13 (1), Winter, 25–45 14. Jay P. Kesan (2009), ‘Transferring Innovation’, Fordham Law Review, 77 (5), April, 2169–223 15. Gaia Bernstein (2010), ‘In the Shadow of Innovation’, Cardozo Law Review, 31 (6), June, 2257–312 16. Sarah Tran (2012), ‘Prioritizing Innovation’, Wisconsin International Law Journal, 30 (3), Spring, 499–557 17. Miguel Ángel Bernal Blay (2014), ‘The Strategic Use of Public Procurement in Support of Innovation’, European Procurement and Public Private Partnership Law Review, 9 (1), 3–11 18. Lisa Larrimore Ouellette (2015), ‘Nanotechnology and Innovation Policy’, Harvard Journal of Law and Technology, 29 (1), Fall, 33–75 19. Camilla A. Hrdy (2015), ‘Commercialization Awards’, Wisconsin Law Review, 2015 (1), 13–86 20. Tal Z. Zarsky (2015), ‘The Privacy-Innovation Conundrum’, Lewis and Clark Law Review, 19 (1), 115–68 Index

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Book SynopsisThis research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.Table of ContentsContents: Acknowledgements Introduction Ann L. Monotti PART I HISTORICAL PERSPECTIVES 1. D.H.N Johnson (1950), ‘Encouraging Inventions by Government Employees’, Modern Law Review, 13 (4), October, 428-44 2. Catherine L. Fisk (1998), ‘Removing the ‘Fuel of Interest’ from the ‘Fire of Genius’: Law and the Employee-Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), 1127–98 3. C. Robert Morris Jr. (1959), ‘Patent Rights in an Employee’s Invention: The American Shop Right Rule and the English View’, Law Quarterly Review, 75, 483–502 4. John Stedman (1970), ‘The Employed Inventor, the Public Interest, and Horse and Buggy Law in the Space Age’, New York University Law Review, 45 (1), 1–32 5. Justine Pila (2012), ‘Sewing the Fly Buttons on the Statute’: Employee Inventions and the Employment Context’, Oxford Journal of Legal Studies, 32 (2), 265–95 PART II RATIONALES FOR DEFAULT RULES 6. Dan L. Burk (2004), ‘Intellectual Property and the Firm’, University of Chicago Law Review, 71 (1), 3–20 7. R.P. Merges (1999), ‘The Law and Economics of Employee Inventions’, Harvard Journal of Law and Technology, 13 (1), Fall, 1–54 PART III ALLOCATION OF OWNERSHIP OF EMPLOYEE CREATION 8. Rochelle Cooper Dreyfuss (1987), ‘The Creative Employee and the Copyright Act of 1976’, University of Chicago Law Review, 54 (2), 590–647 9. Joellen Riley (2005), ‘Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work’, Australian Journal of Labour Law, 18, 1–25 10. Toshiko Takenaka (2012), ‘Serious Flaw of Employee Inventions Ownership Under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act’, Texas Intellectual Property Law Journal, 20, Spring, 281-326 11. Mark Freedland and Jeremias Prassl (2013), ‘Resolving Invention Ownership Disputes: Limitations of the Contract of Employment’, in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 144–63 12. Marie-Christine Janssens (2013), ‘EU Perspectives on Employees’ Inventions’ in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 111–30 13. John Howe and Andrew Newman (2013), ‘Collective Bargaining and the Ownership of Employee Creation’, Australian Journal of Labour Law, 26 (3), 273-99 PART IV RESTRAINTS AND EMPLOYEE MOBILITY 14. Harlan M. Blake (1960), ‘Employee Agreements Not to Compete’, Harvard Law Review, 73 (4), February, 628–91 15. Andrew Stewart (1988), ‘Confidentiality and the New Employment Relationship’, Australian Journal of Labour Law, 1, 1–22 16. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, Covenants not to Compete’, New York University Law Review, 74 (3), June, 575–629 17. William van Caenegem (2005), ‘Inter-firm Migration of Tacit Knowledge: Law and Policy’, Prometheus, 23 (3), September, 285–306 18. Alan Hyde (2012), ‘Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence’, in Cynthia L. Estlund and Michael L. Wachter, Research Handbook on the Economics of Labor and Employment Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 357–84 19. Christopher Arup (2012), ‘What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge’, Melbourne University Law Review, 36, 661–94 20. Norman D. Bishara and Evan Starr (2016), ‘The Incomplete Noncompete Picture’, Lewis and Clark Law Review, 20, 497–547 PART V UNIVERSITIES – APPROACHES AND ISSUES 21. W.R. Cornish (1992), ‘Rights in University Innovations: The Herchel Smith Lecture for 1991’, European Intellectual Property Review, 14, 13–19 22. Pat K. Chew (1992), ‘Faculty-Generated Inventions: Who Owns the Golden Egg?’, Wisconsin Law Review, 259–314 23. Ann Monotti (1997), ‘Who Owns my Research and Teaching Materials: My University or Me?’, 19 (4), Sydney Law Review, 425–71 24. Sean M. O’Connor (2013), ‘The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report’, Michigan Telecommunications and Technology Law Review, 19, 379–422 Index

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Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index

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Book SynopsisAs companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.Trade Review'The authors of this textbook explore the transnational intellectual property system through a profound theoretical foundation and rich practical experience. Very informative, readable, and practical for teaching!' --Zhang Ping, Peking University, ChinaTable of ContentsContents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination Part V 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index

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Book SynopsisThis Research Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future. Written by leading international academics, commentators and practitioners, the Handbook is organised into clear thematic parts that address the most prominent types of IP rights: copyrights and related rights; patents and trade secrets; and trade mark law and designs. Chapters analyse a range of key technologies and their impacts within these areas, including big data, artificial intelligence, streaming, software, databases, user-generated content, mass digitisation, metatags, keywords and 3D printing. The Handbook concludes by exploring issues of competition and enforcement that cut across all of these technologies, particularly in the light of online exploitation and infringement. Scholars and doctoral students of law will find this Handbook an invaluable introduction and guide to the field of digital IP. Practitioners will also find its thoughtful coverage practically relevant. Contributors include: R. Abbott, B. Allgrove, R. Arnold, R. Burrell, T. Cook, M. Davison, M. Fisher, S. Ghosh, J. Ginsburg, J. Groom, M. Handler, Y. Harn Lee, T.R. Holbrook, M. Iljadica, S. Karapapa, I. Lee, J. Lipton, D. Llewelyn, M.F. Makeen, M.P. McKenna, D. Mendis, F. Mostert, L.S. Osborn, T.P. Reddy, E. Rosati, S.K. Sandeen, M. Senftleben, N. Shemtov, A. Strowel, T.E. Synodinou, K. WeatherallTrade Review'Digital technologies inevitably live with IP rights that protect them or stand in their way. This Research Handbook features an excellent line-up of renowned scholars, who each examine different digital phenomena through the lens of a particular IP right. The chapters are written with practical relevance and scholarly rigour, making it a useful resource for academics, legal practitioners, and other IP enthusiasts.' --Stef van Gompel, University of Amsterdam, the Netherlands'Professor Aplin's very timely Research Handbook spans the entire spectrum of relevant intellectual property rights as well as unfair competition law, competition law and enforcement of intellectual property rights. Its comprehensiveness is enhanced by the great cast of authors from different jurisdictions. A must-read for all those interested in contemporary and hugely important digital issues affecting intellectual property law.' --Estelle Derclaye, University of Nottingham, UKTable of ContentsContents: Preface PART I COPYRIGHT AND RELATED RIGHTS 1 Software and graphical user interfaces 2 Noam Shemtov 2 Copyright in software: functionality 26 Richard Arnold 3 Copyright and gaming 44 Yin Harn Lee 4 Databases and copyright protection 63 Mark Davison 5 Database producer protection: between rights and liabilities 81 Tatiana Eleni Synodinou 6 Big data and data appropriation in the EU 107 Alain Strowel 7 User generated content: towards a new use privilege in EU copyright law 136 Martin Senftleben 8 User generated content and its authors 163 Marta Iljadica 9 Mass digitization in the ebook market: copyright protections and exceptions 186 Jacqueline Lipton 10 Ebooks and mass digitization projects: the role of licensing 201 Eleonora Rosati 11 Copyright liability for hyperlinking 217 Jane Ginsburg and Alain Strowel 12 Video streaming and the communication to the public right in the United States and European Union 246 Makeen Fouad Makeen PART II PATENTS AND TRADE SECRETS 13 Software-related inventions 277 Matthew Fisher 14 The prejudice against patenting business methods 302 Trevor Cook 15 Artificial intelligence, big data and intellectual property: protecting computer generated works in the United Kingdom 322 Ryan Abbott 16 Extraterritoriality and digital patent infringement 338 Timothy R. Holbrook 17 Out of thin air: trade secrets, cybersecurity and the wrongful acquisition tort 363 Sharon K. Sandeen PART III TRADE MARKS, DESIGNS AND UNFAIR COMPETITION 18 Trade mark protection for digital goods 382 Mark P. McKenna and Lucas S. Osborn 19 The Uniform Domain Name Dispute Resolution Policy (UDRP): not quite arbitration, but satisfying? 397 Ilhyung Lee 20 Metatags ‘using’ third party trade marks on the Internet 411 David Llewelyn and Prashant Reddy T. 21 Keyword advertising and actionable consumer confusion 426 Robert Burrell and Michael Handler 22 Fit for purpose? 3D printing and the implications for design law: opportunities and challenges 445 Dinusha Mendis PART IV COMPETITION AND ENFORCEMENT 23 Competition in digital markets 464 Shubha Ghosh 24 Exhaustion of rights on digital content under EU copyright: positive and normative perspectives 483 Stavroula Karapapa 25 Enforcement in a digital context: intermediary liability 506 Ben Allgrove and John Groom 26 Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation 531 Kimberlee Weatherall 27 Digital tools of intellectual property enforcement: their intended and unintended norm setting consequences 553 Frederick Mostert Index 577

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Book SynopsisThis global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge. Trade Review'Kuruk, one of the foremost scholars in intellectual property law, provides a very comprehensive and ground-breaking account of various international, regional and national initiatives and frameworks for the protection of traditional knowledge. This is a must-read and indispensable resource for IP law professors, students and practicing IO/NGO lawyers.' --Edward Kwakwa, World Intellectual Property Organization'Paul Kuruk has been a respected commentator and actor on the emerging law of traditional knowledge for two decades. This book's scope is breathtaking, covering all of the institutions involved in the subject and at all levels from global to local. Its comprehensiveness, and its informed analysis of the state of the art, makes it an essential text for students, teachers, and policymakers.' --Graham Dutfield, University of Leeds, UK'For more than two decades, Paul Kuruk has actively engaged in the academic and policy debates on traditional knowledge and intellectual property. Building on his lifelong work, this comprehensive, informative and globally oriented primer makes a complex and contentious debate accessible. The book not only explains why traditional knowledge deserves protection, but helps us understand the myriad international efforts, domestic laws, customary practices and reform proposals.' --Peter K. Yu, Texas A&M University, USTable of ContentsContents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index

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Book SynopsisThe comprehensive research review discusses some of the most important and influential articles published on the history of intellectual property. The seminal works encompass a broad variety of specific legal fields, periods and methodological perspectives. It focuses on the three main subfields of intellectual property: patent, copyright and trademark law. This important research review will be of a great interest to legal historians, economic historians and anyone interested in intellectual property and its history.Trade Review‘So much is in flux in the intellectual property field these days that those in the field have come to recognize the value of delving into the history of these laws and understanding the multifarious ways they have evolved over time. This outstanding collection of essays by many leading scholars offer many lessons from the past that may provide insights about what mistakes to avoid and what values should inform intellectual property laws as we try to help them adapt in the future.’ -- Pam Samuelson, University of California, Berkeley, USTable of ContentsContents: Volume I Introduction Oren Bracha PART I. EARLY ORIGINS 1. Pamela O. Long (1991), ‘Invention, Authorship, "Intellectual Property," and the Origin of Patents: Notes toward a Conceptual History’, Technology and Culture, 32 (4), October, 846–84 2. Joanna Kostylo (2010), ‘From Gunpowder to Print: The Common Origins of Copyright and Patent’, in Ronan Deazley, Martin Kretschmer and Lionel Bently (eds), Privilege and Property: Essays on the History of Copyright, Chapter 1, Cambridge, UK: Open Book Publishers, 21–50 3. Carlo Marco Belfanti (2004), ‘Guilds, Patents, and the Circulation of Technical Knowledge: Northern Italy During the Early Modern Age’, Technology and Culture, 45 (3), July, 569–89 4. Liliane Hilaire-Pérez (1991), ‘Invention and the State in 18th-Century France’, Technology and Culture, 32 (4), October, 911–31 5. Martha Woodmansee (1984) ‘The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the “Author”’, Eighteenth Century Studies, 17 (4), Summer, 425–48 PART II. BRITISH PATENTS 6. Chris R. Kyle (1988), ’But a New Button to an Old Coat: The Enactment of the Statute of Monopolies, 21 James I cap.3’, Journal of Legal History, 19 (3), December, 203–23 7. Adam Mossoff (2001), ‘Rethinking the Development of Patents: An Intellectual History, 1550–1800’, Hastings Law Journal, 52 (6), August, 1255–322 8. John N. Adams and Gwen Averley (1986), ‘The Patent Specification: The Role of Liardet v. Johnson’, Journal of Legal History, 7 (2), September, 156–77 9. Eric Robinson (1972), ‘James Watt and the Law of Patents’, Technology and Culture, 13 (2), April, 115–39 10. Christine MacLeod (1999), ‘Negotiating the Rewards of Invention: The Shop-Floor Inventor in Victorian Britain’, Business History, 41 (2), April, 17–36 PART III. BRITISH COPYRIGHT 11. Ian Gadd (2016), ‘The Stationer’s Company in England before 1710’, in Isabella Alexander and H. Tomás Gómez-Arostegui (eds), Research Handbook on the History of Copyright Law, Chapter 5, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 81–95 12. Ronan Deazley (2010), ‘The Statute of Anne and the Great Abridgement Swindle’, Houston Law Review, 47 (4), December, 793–818 13. Mark Rose (1988), ‘The Author as Proprietor: Donaldson v. Becket and the Genealogy of Modern Authorship’, Representations, 23, Summer, 51–85 14. H. Tomás Gómez-Arostegui (2014), ‘Copyright at Common Law in 1774—’, Connecticut Law Review, 47 (1), November, 1–57 15. Will Slauter (2013) ‘Upright Piracy: Understanding the Lack of Copyright for Journalism in Eighteenth-Century Britain’, Book History, 16 (1), 34–61 16. Isabella Alexander (2007), 'Criminalising Copyright: A Story of Publishers, Pirates and Pieces of Eight', Cambridge Law Journal, 66 (3), November, 625–56 17. Jose Bellido and Kathy Bowrey (2014), ‘From the Author to the Proprietor: Newspaper Copyright and The Times (1842–1956)’, Journal of Media Law, 6 (2), 206–33 PART IV. THE U.S. CONSTITUTIONAL CLAUSE 18. Tyler T. Ochoa and Mark Rose (2002), ‘The Anti-Monopoly Origins of the Patent and Copyright Clause’, Journal, Copyright Society of the U.S.A., 49 (3), 675–706 19. L. Ray Patterson and Craig Joyce (2003), 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution', Emory Law Journal, 52, 909–52 PART V. AMERICAN PATENTS 20. Mario Biagioli (2006), ‘Patent Republic: Representing Inventions, Constructing Rights and Authors’, Social Research, 73 (4), Winter, 1129–72 21. Steven Lubar (1991), ‘The Transformation of Antebellum Patent Law’, Technology and Culture’, 32 (4), October, 932–59 22. Kara W. Swanson (2009), ‘The Emergence of the Professional Patent Practitioner’, Technology and Culture, 50 (3), July, 519–48 23. Adam Mossoff (2011), ‘The Rise and Fall of the First American Patent Thicket: The Sewing Machine War of the 1850s’, Arizona Law Review, 53 (1), 165–21 24. Alain Pottage and Brad Sherman (2007), 'Organisms and Manufactures: On the History of Plant Inventions', Melbourne University Law Review, 31 (2), 539–68 25. Steven W. Usselman and Richard R. John (2006), ‘Patent Politics: Intellectual Property, the Railroad Industry, and the Problem of Monopoly’, Journal of Policy History, 18 (1), 96–125 26. Catherine L. Fisk (1998), ‘”Removing the Fuel” of Interest from the ‘Fire of Genius’: Law and the Employee Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), Autumn, 1127–99 27. Kara W. Swanson (2011), ‘Getting a Grip on the Corset: Gender, Sexuality, and Patent Law’, Yale Journal of Law and Feminism’, 23 (1), 57–115 28. Christopher Beauchamp (2016), ‘The First Patent Litigation Explosion’, Yale Law Journal, 125 (4), February, 848–944 Volume II An introduction to both volumes by the editor appears in volume 1 PART I. AMERICAN COPYRIGHT 1. Jane C. Ginsburg (1990), ‘A Tale of Two Copyrights: Literary Property in Revolutionary France and America', Tulane Law Review, 64 (5), May, 991–1031 2. Meredith L. McGill (1997), ‘The Matter of the Text: Commerce, Print Culture, and the Authority of the State in American Copyright Law’, American Literary History, 9 (1), Spring, 21–59 3. Oren Bracha (2008), ‘The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright’, Yale Law Journal, 118 (2), November, 186–271 4. Robert Brauneis (2009), ‘The Transformation of Originality in the Progressive-Era Debate over Copyright in News’, Cardozo Arts and Entertainment Law Journal, 27 (2), 321–73 5. Zvi S. Rosen (2007), ‘The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions’, Cardozo Arts and Entertainment Law Journal, 24, 1157–1218 PART II TRADEMARKS 6. Paul Duguid (2009), ‘French Connections: The International Propagation of Trademarks in the Nineteenth Century’, Enterprise and Society, 10 (1), March 3–37 7. Lionel Bently (2007), ‘The Making of Modern Trade Mark Law: The Construction of the Legal Concept of Trade Mark 1860–80’, in Lionel Bently, Jennifer Davis and Jane C. Ginsburg (eds), Trade Marks and Brands: An Interdisciplinary Critique, Chapter 1, Cambridge, UK: Cambridge University Press, 3–41 8. Robert G. Bone (2006), ‘Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law’, Boston University Law Review, 86 (3), June, 547–622 9. Steven Wilf (2008), ‘The Making of the Post-War Paradigm in American Intellectual Property Law’, Columbia Journal of Law and the Arts, 31 (2), 139–207 PART III COLONIAL INTELLECTUAL PROPERTY 10. Lionel Bently (2007), ‘Copyright, Translations, and Relations Between Britain and India in the Nineteenth and Early Twentieth Centuries’, Chicago-Kent Law Review, 82 (3), 1181–240 11. Michael D. Birnhack (2011), ‘Hebrew Authors and English Copyright Law in Mandate Palestine’, Theoretical Inquiries in Law, 12 (1), January, 201–40 PART IV INTERNATIONAL INTELLECTUAL PROPERTY 12. Lionel Bently and Brad Sherman (2001), ‘Great Britain and the Signing of the Berne Convention in 1886: Part 2’, Journal, Copyright Society of the U.S.A., 48 (3), Spring, 311–40 13. Catherine Seville (2008), ‘Authors as Copyright Campaigners: Mark Twain’s Legacy’, Journal, Copyright Society of the U.S.A., 55 (2/3), Winter/Spring, 283–359 PART V ECONOMIC PERSPECTIVES 14. B. Zorina Khan (1995), ‘Property Rights and Patent Litigation in Early Nineteenth-Century America’, Journal of Economic History, 55 (1), March, 58–97 15. Petra Moser (2005), ‘How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World’s Fairs’, American Economic Review, 95 (4), September, 1214–36 16. Naomi R. Lamoreaux, Kenneth L. Sokoloff, and Dhanoos Sutthiphisal, (2013), ‘Patent Alchemy: The Market for Technology in U.S. History’, Business History Review, 87 (1), Spring, 3–38 Index

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Book SynopsisWhen submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.Trade Review'Nefissa Chakroun tackles patent information, a fundamental element of the patent bargain-indeed perhaps the most important one. Whether making it easier to obtain and enforce patents always leads to more innovation is highly debatable, but the disclosure function of patents, if fully realized, can be a most positive factor. This book explains both the inadequacy of substantive rules and the administrative deficiencies in optimizing the availability and role of patent information. It offers specific guidance on technology transfers especially for developing nations, using Tunisia as exemplar. The last chapter contains a unique and most useful policy toolbox.' --Daniel Gervais, Vanderbilt University Law SchoolTable of ContentsContents: 1. Introduction: Context and Importance of Patent Information for Development 2. The Significance of Patent Information 3. The Foundation of a Right to Patent Information 4. The Inadequacy of the Disclosure Requirement 5. Access to and Retrieval of Patent Documents 6. Transferring Technologies Utilising Patent Information 7. The Case of Tunisia 8. Improving Developing Countries’ Capacity to Utilise Patent Information for Development 9. Conclusion: Policy for Promoting Incremental Innovation and Development Through Exploitation of Patent Information Index

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Book SynopsisOne of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research to advance innovations beyond the discovery phase. This book examines a novel drug discovery and development model where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept as a way to de-risk the drug discovery and development process.Expert author Helen Yu explores integrated drug discovery by analyzing the intersection of intellectual property law and competition law and discusses the role of stakeholders in efficient translation and commercialization of publically funded research. Considering the transactional risks associated with drug discovery and development, this book advocates for a greater emphasis on contractual freedom and economic efficiency when assessing collaborative partnerships between industry and public research organizations. This standout book bridges the gap between theoretical research and legal practice by providing a research-based applied perspective on university-industry collaborations in drug discovery and development.Achieving Proof of Concept in Drug Discovery and Development has an international appeal, especially in countries actively involved in drug discovery and development, such as the United States, the United Kingdom, Switzerland, Germany, Japan, India and China. Organizations and associations in the drug discovery and development field would likely be interested in reading a book that provides a research-based applied perspective as well.Trade Review'Drug discovery and development has become a complex and expensive multi-institutional commitment. Making integrated innovation models work requires competition regimes accommodating the highly specific challenges of pharmaceutical research. This original and meticulously researched book forces us to radically rethink the role of competition law in promoting innovation making it essential reading for R&D managers, regulators, practitioners, health economists and legal scholars.' --Graham Dutfield, University of Leeds, UK'This book provides a thoughtful and comprehensive analysis of the role of competition law in collaborative agreements leading to drug discovery and development. It makes an important contribution to the debate and is highly recommended.' --Duncan Matthews, Queen Mary University of London, UKTable of ContentsContents: Acknowledgements Table of cases Table of legislation PART I. LANDSCAPE OF DRUG DISCOVERY AND DEVELOPMENT 1. Introduction 2. The Pharmaceutical Industry and Drug Development Models 3. Intellectual Property Rights and Competition Law in Collaborative Drug Development Between Industry and Integrated Drug Discovery Organizations PART II. ANALYSIS AND APPLICATION OF EU COMPETITON LAW TO THE INTEGRATED DRUG DISCOVERY MODEL 4. Application of Competition Law to the Integrated Drug Discovery Model: Research and Development Block Exemption Regulation 5. Application of Competition Law to the Integrated Drug Discovery Model: Technology Transfer Block Exemption Regulation PART III. CASE STUDY: AGREEMENTS BETWEEN INDUSTRY AND INTEGRATED DRUG DISCOVERY ORGANIZATIONS 6. Analysis of Collaboration Agreements between Integrated Drug Discovery Organizations and Industry PART IV. CONCLUSION 7. Conclusion and Implications Bibliography Index

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Book SynopsisWhile outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.Trade Review‘This book, which concentrates on the protection of patents and copyrights, is well structured, easily readable and faithfully reports the status of academic debate, highlighting and arguing for the authors’ viewpoints in a concise and clear manner . . . Tosaporn Leepuengtham’s book will certainly convince readers with its solid review and analysis and well-argued observations and -- explanations. ’– Zeitschrift für Luft- und WeltraumrechtTable of ContentsContents Introduction 1. International Space Law and Its Implication to Outer Space Activities 2. International Intellectual Property Rights Instruments and Their Implications for Outer Space Activities 3. Patents in Outer Space 4. The Application of Copyright Law to Outer Space Activities 5. Intellectual Property Rights and Private International Law Conclusion Bibliography Index

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Book SynopsisThe creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP.Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. YudhishthirTrade Review'This volume gives incisive insight into the conflicted dynamics between IP and the creative industries. The authors cut through much rhetoric and entrenched positions to nudge the reader into entertaining the possibility of alternate perspectives and policy positions. The case studies, sectoral focus and evaluation of cross-sector issues deepens and grounds the authors' arguments in the lived reality of industry players and national or regional contexts. The discussion of enforcement and economics as well as the fore-sighting section ensures comprehensive treatment of the volume's focus. An enriching read.' --Caroline B Ncube, University of Cape Town, South Africa'The social synergy which exists between IP and the creative industries is becoming increasingly important globally. This all-embracing volume, edited by highly respected professors, provides a vital contribution to law and policy thinking. It offers a range of discourses including subaltern perspectives and oft-forgotten subjects including: museum curating, economic analyses on artists' earnings, business models coupled with corporate social responsibility, plus less visible creative sectors including ethnic fashion and dance.' --Uma Suthersanen, Queen Mary, University of LondonTable of ContentsContents: Foreword by Ian Hargreaves Introduction Abbe E. L. Brown and Charlotte Waelde Part I Setting the Scene: What is Intellectual Property and why is it relevant to creative industries 1. Whither the creative economy? Some reflections on the European case Philip Schlesinger 2. Copyright and performers’ rights in the creative industries: old laws for new challenges Mathilde Pavis 3. Design, utility models and patents Stina Teilmann-Lock 4. Passing off, unfair competition and trade marks Hasan Kadir Yilmaztekin 5. Intellectual property in creative industries: the economic perspective Christian Handke Part II National and Regional Perspectives 6. Intellectual property and creative industries policy in the UK Kristofer Erickson 7. Intellectual property and creative industries policy in Africa Enyinna Nwauche 8. The Creative industries and intellectual property in India Yudhishthir Raj Isar 9. If all you have is a hammer: Promoting the creative industries through EU copyright reform Julia Reda 10. Cultural creative industries from a cultural policy perspective: the case of Japan Emiko Kakiuchi Part III Intellectual Property, Creativity and Reward: Sharing and Enforcement 11. Open approaches to sharing: Registered and unregistered rights Andres Guadamuz 12. Open approaches to sharing: Egypt’s independent music - a realm of sharing and creativity Nagla Rizk 13. Intellectual property enforcement: empirical consideration of enforcement action Jane Cornwell 14. Enforcement and remedy: What is success? IP litigation and the Creative Industries Abbe E. L. Brown Part IV Case Studies: Coping with Legal, Social and Technical Change 15. Visual Arts: Artists’ voices from the field Smita Kheria 16. Problematising heritage crafts authorship and ownership: steps towards the intellectual property protection of the traditional Romanian blouse Amalia Sabiescu 17. Performing arts: a study of dance Charlotte Waelde and Sarah Whatley 18. Traditional knowledge: Protecting the intangible and tracing the development of international protection for folklore Stephen Collins 19. The creative sector and traditional knowledge Susy Frankel 20. Software: Intellectual property and artificial intelligence Roger Burt and Colin Davies 21. Copyright in Museums Amalyah Keshet Part V Cross-Sector Issues 22. Theory and philosophy Jaime Stapleton 23. How people understand intellectual property, creativity and reward Gregory N. Mandel 24. Appropriating value: on the relationship between business models and intellectual property Henning Berthold, Melinda Grewar, Shiona Chillas and Barbara Townley 25. Corporate social responsibility, intellectual property and the creative industries Abbe E. L. Brown, Nicholas Gervassis and Rumbidzai Mukonoweshuro Part VI Foresighting 26. The hard sell: economics and intellectual property policy in the creative and cultural industries Nicola Searle 27. Creative industries, diversity and intellectual property Irene Calboli 28. Creative economy: industry versus language? John Hartley 29. Distributed, cumulative, collaborative, collective creativity Valdimar Tr. Hafstein Index

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Book SynopsisThis book applies a novel conflict-based approach to the notions of `idea', `concept', `invention' and `immateriality' in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge's office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless `material' operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences. Grounds of the Immaterial offers an inventive and refreshing take on intellectual property rights which will be valued by academics and students in philosophy, legal theory, legal anthropology and intellectual property.Trade Review'Niels van Dijk's exploration of the way legal practitioners answer traditional philosophical questions such as ''what is an idea?'' is deeply inspirational. It leaves no place for rivalry between law and philosophy, but engages a mutual becoming in which each practice retains, or even rediscovers its vital thrust. The book will move readers, whether they are philosophers or legal practitioners, to a deeper appreciation of the capacity of their respective practice to invent its own questions and define its own problems.' --Isabelle Stengers, Universite libre de Bruxelles, BelgiumTable of ContentsContents: Introduction I. Legal Theory: From Intellectual Property To Informational Goods 2. Interlude ~ Turning to Legal Practice: Outlines Of A Transversal Approach 3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute 4. Legal Pointillism in Court: Towards the Composition of Judgment 5. Conclusion: Immaterial Performances in the Life of the Legal Dispute 6. Coda ~ Philosophy and Law: A Conflictive Encounter Index

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Book SynopsisThis remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.'- Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.'- Beebe Barton, New York University School of Law, US'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.'- Peter Drahos, Australian National University and Queen Mary University of London, UKResearch Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.Contributors include: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. YuTrade Review'This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’ -- Jerome H. Reichman, Duke University, School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' -- Beebe Barton, New York University, School of Law, US'As he has done throughout his career in edited books, Christophe Geiger – Europe's leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.' -- Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK'Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research' -- Thomas Cottier, University of Bern, Switzerland'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' -- Peter Drahos, Australian National University and Queen Mary University of London, UK‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’ -- The Barrister MagazineTable of ContentsContents: Foreword Catherine Trautmann Introduction Christophe Geiger 1. Mapping the Interface Between Human Rights and Intellectual Property Laurence R. Helfer PART I LEGAL REALITY BEHIND HUMAN RIGHTS 2. Human Rights and Balancing: The Principle of Proportionality Jonas Christoffersen 3. Interaction Between Human Rights: Are All Human Rights Equal? Peggy Ducoulombier 4. Interaction Between International Human Rights Law and the European Legal Framework Rhona Smith 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights Henning Grosse Ruse-Khan 6. Human Rights and Philosophical Foundations of Intellectual Property Daniel Gervais PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU Tuomas Mylly 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature Alexander Peukert 9. Human Rights and International Intellectual Property Law Hannu Wager and Jayashree Watal 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects Xavier Seuba 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Carlos Correa Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe Thomas Dreier and Marco Ganzhorn 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries Denis Borges Barbosa and Charlene de Ávila Plaza 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies Toshiko Takenaka and Linda Falcon 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM) Philipp Von Kapff 16. Human Rights in the Case Law of the EPO Boards of Appeal Agnieszka Kupzok PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright Dirk Voorhoof 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System Martin Senftleben 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections Jacqueline D. Lipton 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights Guido Westkamp 21. Freedom to Conduct a Business, Competition and Intellectual Property Gustavo Ghidini and Andrea Stazi 22. Right to Property and Trade Secrets Tanya Aplin 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial Jonathan Griffiths 24. Digital Copyright Enforcement Measures and their Human Rights Threats Peter K. Yu Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents Aurora Plomer 26. Right to Health and Patents Duncan Matthews 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement Jeffrey M. Samuels 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources Claudio Chiarolla 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection? Dev S. Gangjee 30. Right to Culture and Copyright: Participation and Access Caterina Sganga 31. Human Rights, Persons with Disabilities and Copyright Abbe Brown and Charlotte Waelde Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework? Ahmed Abdel-Latif 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples Susy Frankel 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Sue Farran PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Christophe Geiger Index

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Book SynopsisThis topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.Trade Review'Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.' --Rolf H. Weber, University of Zürich, Switzerland'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.' --Thomas Hoeren, University of Muenster, GermanyTable of ContentsContents: PART I ICANN AND GENERIC TOP-LEVEL DOMAINS 1. Introduction 2. A global ‘private’ regime governing the Domain Name System (DNS) 3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system 4. The 2012 generic Top-Level Domain (gTLD) programme PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR 5. Transnational private regulation 6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET 7. Property rights in generic Top-Level Domains (gTLDs) 8. Market regulation PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS 9. The application process 10. Expert determinations and procedural fairness PART V REGULATING DOMAIN NAME REGISTRATION AND USE 11. ‘Public interest’ regulation 12. Regulated non-use of domain names 13. Concluding remarks Bibliography Index

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Book SynopsisThe economic impact of intellectual property rights has been the subject of considerable debate and research. This engaging research review discusses literature by distinguished scholars who have addressed, from different perspectives and in different contexts, how such rights help to shape goods and technology markets. The economic effects of intellectual property vary depending on the sectors involved, the level of development of the countries where they apply, and the policies implemented to govern their recognition and enforcement. Written by an expert in the field, this review is essential reading for academics, students, professionals and policy makers interested in understanding the role of intellectual property in national economies as well as in an international dimension. Table of ContentsContents: Volume I Introduction Carlos M. Correa PART I HISTORICAL STUDIES [150 pp] 1. Josh Lerner (2002), ‘150 Years of Patent Protection’, American Economic Review: Papers and Proceedings, 92 (2), May, 221–5 [5] 2. Petra Moser (2013), ’Patents and Innovation: Evidence from Economic History’, Journal of Economic Perspectives, 27 (1), Winter, 23–44 [22] 3. Ha-Joon Chang (2001), ‘Intellectual Property Rights and Economic Development: Historical Lessons and Emerging Issues’, Journal of Human Development, 2 (2), 287–309 [23] 4. Joel Mokyr (2009), ‘Intellectual Property Rights, the Industrial Revolution, and the Beginnings of Modern Economic Growth’, American Economic Review: Papers and Proceedings, 99 (2), May, 349–55 [7] 5. B. Zorina Khan and Kenneth L. Sokoloff (2001), ‘History Lessons: The Early Development of Intellectual Property Institutions in the United States’, Journal of Economic Perspectives, 15 (3), Summer, 233–46 [14] 6. Luis Angeles (2011), ‘Institutions, Property Rights, and Economic Development in Historical Perspective’, Kyklos, 64 (2), May, 157–77 [21] 7. B. Zorina Khan (2002), ‘Intellectual Property and Economic Development: Lessons from American and European History’, Commission on Intellectual Property Rights: Study Paper 1a, accessed on 30th November 2017, 1–58, https://www.scribd.com/document/253416478/Khan-Intellectual-Property-and-Economic-Development-Lessons-From-American-and-European-History [58] PART II GENERAL (INCLUDING ECONOMETRIC STUDIES) [398 pp] 8. Carsten Fink and Keith E. Maskus (2005), ‘Why We Study Intellectual Property Rights and What We Have Learned’, in Intellectual Property and Development: Lessons from Recent Economic Research, Chapter 1, Washington, DC, USA: International Bank for Reconstruction and Development / The World Bank and New York, NY, USA: Oxford University Press, 1–15 [15] 9. Juan C. Ginarte and Walter G. Park (1997), ‘Determinants of Patent Rights: A Cross-National Study’, Research Policy, 26 (3), October, 283–301 [19] 10. Joseph E. Stiglitz (2008), ‘Economic Foundations of Intellectual Property Rights’, Duke Law Journal, 57 (6), April, 1693–724 [32] 11. Robert L. Ostergard, Jr (2014), ‘Economic Growth and Intellectual Property Rights Protection: A Reassessment of the Conventional Wisdom’, in Daniel Gervais (ed.), Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS-Plus Era, 2nd edition, Part I, Chapter 1, Oxford, UK and New York, NY, USA: Oxford University Press, 3–40 [38] 12. Keith E. Maskus (2000), ‘Intellectual Property Rights and Economic Development’, Case Western Reserve Journal of International Law, 32 (3), 471–506 [36] 13. Robert P. Merges (2000), ‘Intellectual Property Rights and the New Institutional Economics’, Vanderbilt Law Review, 53 (6), November, 1857–877 [21] 14. Yi Qian (2007), ‘Do National Patent Laws Stimulate Domestic Innovation in a Global Patenting Environment? A Cross-Country Analysis of Pharmaceutical Patent Protection, 1978–2002’, Review of Economics and Statistics, 89 (3), August, 436–53 [18] 15. Ryo Horii and Tatsuro Iwaisako (2007), ‘Economic Growth with Imperfect Protection of Intellectual Property Rights’, Journal of Economics, 90 (1), January, 45–85 [41] 16. Roberto Mazzoleni and Richard R. Nelson (1998), ‘The Benefits and Costs of Strong Patent Protection: A Contribution to the Current Debate’, Research Policy, 27 (3), July, 273–84 [12] 17. William Daley (2014), ‘In Search of Optimality: Innovation, Economic Development, and Intellectual Property Rights’, Global Sustainable Development Report (GSDR) Prototype Briefs 2014, accessed on 30th November 2017, 1–6, https://sustainabledevelopment.un.org/topics/science/crowdsourcedbriefs [6] 18. David M. Gould and William C. Gruben (1996), ‘The Role of Intellectual Property Rights in Economic Growth’, Journal of Development Economics, 48 (2), March, 323–50 [28] 19. Rod Falvey, Neil Foster and David Greenaway (2006), ‘Intellectual Property Rights and Economic Growth’, Review of Development Economics, 10 (4), November, 700–19 [20] 20. Alexander Peukert (2017), ‘Intellectual Property and Development – Narratives and their Empirical Validity’, Journal of World Intellectual Property, 20 (1–2), March, 2–23 [22] 21. Yuichi Furukawa (2007), ‘The Protection of Intellectual Property Rights and Endogenous Growth: Is Stronger Always Better?’, Journal of Economic Dynamics and Control, 31 (11), November, 3644–70 [27] 22. Andrew Torrance and Bill Tomlinson (2009), ‘Patents and the Regress of Useful Arts’, Columbia Science and Technology Law Review, X, May, 130–68 [39] 23. Amy Jocelyn Glass and Kamal Saggi (2002), ‘Intellectual Property Rights and Foreign Direct Investment’, Journal of International Economics, 56 (2), March, 387–410 [24] PART III SECTORAL STUDIES [146 pp] 24. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’, Santa Clara Computer and High Technology Law Journal, 26 (4), 487–532 [46] 25. Albert G. Z. Hu and I. P. L. Png (2013), ‘Patent Rights and Economic Growth: Evidence from Cross-Country Panels of Manufacturing Industries’, Oxford Economic Papers, 65 (3), July, 675–98 [24] 26. Richard C. Levin, Alvin K. Klevorick, Richard R. Nelson and Sidney G. Winter (1987), ‘Appropriating the Returns from Industrial Research and Development’, Brookings Papers on Economic Activity, 1987 (3), 783–831 [49] 27. Kenneth C. Shadlen, Andrew Schrank and Marcus J. Kurtz (2005), ‘The Political Economy of Intellectual Property Protection: The Case of Software’, International Studies Quarterly, 49 (1), March, 45–71 [27] Volume II Introduction An introduction to both volumes by the editor appears in Volume I PART I DEVELOPING COUNTRIES (GENERAL AND CASE STUDIES) [259 pp] 1. Cassandra Mehlig Sweet and Dalibor Sacha Eterovic Maggio (2015), ‘Do Stronger Intellectual Property Rights Increase Innovation?’, World Development, 66, February, 665–77 [13] 2. Yongmin Chen and Thitima Puttitanun (2005), ‘Intellectual Property Rights and Innovation in Developing Countries’, Journal of Development Economics, 78 (2), December, 474–93 [20] 3. Nagesh Kumar (2003), ‘Intellectual Property Rights, Technology and Economic Development: Experiences of Asian Countries’, Economic and Political Weekly, 38 (3), 18th January, 209–15, 217–26 [17] 4. Michael Blakeney and Getachew Mengistie (2011), ‘Intellectual Property and Economic Development in Sub-Saharan Africa’, Journal of World Intellectual Property, 14 (3–4), July, 238–64 [27] 5. Samuel Adams (2011), ‘Intellectual Property Rights, Innovation, and Economic Growth in Sub-Saharan Africa’, Journal of Third World Studies, XXVIII (1), Spring, 231–43 [13] 6. Peter K. Yu (2007), ‘Intellectual Property, Economic Development, and the China Puzzle’, in Daniel Gervais (ed.), Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS-Plus Era, 1st edition, Part II, Chapter 5, Oxford, UK and New York, NY, USA: Oxford University Press, 173–220 [48] 7. Anthipi Pouris and Anastassios Pouris (2011), ‘Patents and Economic Development in South Africa: Managing Intellectual Property Rights’, South African Journal of Science, 107 (11–12), November, 1–10 [10] 8. Jerome H. Reichman (2009), ‘Intellectual Property in the Twenty-First Century: Will the Developing Countries Lead or Follow?’, Houston Law Review, Symposium: Intellectual Property in International Perspective, 46 (4), April, 1115–85 [71] 9. Carlos M. Correa (2016), ‘Intellectual Property: How Much Room is Left for Industrial Policy?’, Journal of International Commerce, Economics and Policy, 7 (2), June, 1650012-1–1650012-22 [22] 10. Commission on Intellectual Property Rights (2002), ‘Intellectual Property and Development’, in Integrating Intellectual Property Rights and Development Policy: Report of the Commission on Intellectual Property Rights, Chapter 1, accessed 1st June 2020, 11–28, http://www.iprcommission.org/papers/pdfs/final_report/ciprfullfinal.pdf [18] PART II DEVELOPED COUNTRIES [228 pp] 11. Larry D. Qiu and Huayang Yu (2010), ‘Does the Protection of Foreign Intellectual Property Rights Stimulate Innovation in the US?’, Review of International Economics, 18 (5), November, 882–95 [14] 12. Michele Boldrin and David K. Levine (2013), ‘The Case Against Patents’, Journal of Economic Perspectives, 27 (1), Winter, 3–22 [20] 13. F. M. Scherer (2009), ‘The Political Economy of Patent Policy Reform in the United States’, Journal on Telecommunications and High Technology Law, 7 (2), Spring, 167–216 [50] 14. Fritz Machlup (1958), ‘An Economic Review of the Patent System’, in Study of the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-Fifth Congress, Second Session Pursuant to S. Res. 236, Study No. 15, Washington, DC, USA: United States Government Printing Office, II–VI, 1–86 [91] 15. Giovanni Dosi and Joseph E. Stiglitz (2014), ‘The Role of Intellectual Property Rights in the Development Process, with Some Lessons from Developed Countries: An Introduction’, in Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman and Joseph E. Stiglitz (eds), Intellectual Property Rights: Legal and Economic Challenges for Development, Chapter 1, New York, NY, USA: Oxford University Press, 1–53 [53] PART III INTELLECTUAL PROPERTY RIGHTS AND OTHER INCENTIVE MECHANISMS [192 pp] 16. Rufus Pollock (2006), ‘Cumulative Innovation, Sampling and the Hold-Up Problem’, Danish Research Unit for Industrial Dynamics (DRUID) Working Paper No. 06-29, 1–25 [25] 17. Nancy Gallini and Suzanne Scotchmer (2002), ‘Intellectual Property: When Is It the Best Incentive System?’, Innovation Policy and the Economy, 2, 51–77 [27] 18. Steven Shavell and Tanguy van Ypersele (2001), ‘Rewards versus Intellectual Property Rights’, Journal of Law and Economics, XLIV (2), October, 525–47 [23] 19. Timothy Swanson and Timo Goeschl (2014), ‘The Distributive Impact of Intellectual Property Regimes: A Report from the “Natural Experiment” of the Green Revolution’, in Mario Cimoli, Giovanni Dosi, Keith E. Maskus, Ruth L. Okediji, Jerome H. Reichman and Joseph E. Stiglitz (eds), Intellectual Property Rights: Legal and Economic Challenges for Development, Part III, Chapter 9, New York, NY, USA: Oxford University Press, 264–87 [24] 20. Heidi L. Williams (2013), ‘Intellectual Property Rights and Innovation: Evidence from the Human Genome’, Journal of Political Economy, 121 (1), February, 1–27 [27] 21. Sunil Kanwar and Robert Evenson (2003), ‘Does Intellectual Property Protection Spur Technological Change?’, Oxford Economic Papers, 55 (2), April, 235–64 [30] 22. F. M. Scherer (2015), ‘First Mover Advantages and Optimal Patent Protection’, Journal of Technology Transfer, 40 (4), August, 559–80, Erratum [23] 23. Daniele Archibugi and Andrea Filippetti (2010), ‘The Globalisation of Intellectual Property Rights: Four Learned Lessons and Four Theses’, Global Policy, 1 (2), May, 137–49 [13]

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Book SynopsisIntellectual Property Perspectives on the Regulation of New Technologies explores the challenges that emerging technologies and technology-driven practices pose for traditional notions of intellectual property (IP) law and policy. This book exposes the intimate relationship between IP and technology and demonstrates how most substantial revisions to IP law have been driven by technological innovations. Authors offer perspectives from across the intellectual property law spectrum and address questions such as: is the law evolving in the right direction?; and is the regulation of emerging technologies supported by sound policy objectives? The resulting discussion exposes the disparate manner in which IP law has responded to challenges posed by innovation and new technologies. In Part I authors explore whether the regulation of new technologies has fundamentally altered the object and purpose of IP law, including the balance of interests. Part II focuses on the impact of digital technologies, specifically on copyright law and policy. Covering a diverse range of topics, this book will be of interest to scholars who are researching the relationship between technological development and IP law and practice. It will also be a useful resource for those who have an interest in the evolving nature of IP law.Contributors include: J. Axhamn, M.L.L. Barcellos, R. Giblin, J.C. Ginsburg, P. Kamocki, A. Nordberg, T. Pistorius, I. Stamatoudi, T.-E. Synodinou, M.A. Wilkinson, H. XueTable of ContentsContents: Introduction: Tana Pistorius PART I IMPACT OF NEW TECHNOLOGIES ACROSS IP 1. What is the role of new technologies in tensions in Intellectual Property? Margaret Ann Wilkinson 2. Caveats of intermediary liability in the Domain Name System A review of the ICANN new gTLD right protection measures Hong Xue 3. Patentability of human enhancement: from ethical dilemmas to legal (un)certainty Ana Nordberg 4. Patent claim interpretation and new technologies: re-thinking the problem/solution approach Milton Lucídio Leão Barcellos PART II TECHNOLOGICAL DEVELOPMENTS AND COPYRIGHT 5. Asking the right questions in copyright cases: Lessons from Aereo and its international brethren Rebecca Giblin and Jane C. Ginsburg 6. Contemporary challenges to the territorial nature of copyright Johan Axhamn 7. ‘Browsing’, ‘Linking’ and ‘Framing’ in the light of the EU Court of Justice’s (CJEU) case law Irini Stamatoudi 8. The liability of intermediaries for online copyright infringement in the EU: new evolutions Tatiana-Eleni Synodinou 9. The Argument for "Non-Consumptive Use" in the EU: How Copyright Could be Redefined to Allow Text and Data Mining Paweł Kamocki Index

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Book SynopsisTraditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.The Protection of Traditional Knowledge on Genetic Resources analyzes various means of protection for traditional knowledge that cohere with Rawls? and Coase?s specific objectives regarding fairness and efficiency. It utilizes flexibilities provided by binding international conventions in the field in order to propose alternative methods to protect different forms of traditional knowledge. Frantzeska Papadopoulou reaches the conclusion that property, liability and reward systems are forms of protection that fulfill the fairness and efficiency criteria whilst remaining compliant with the general international legal framework.This book is ideal for international property law and development academics and policy makers, especially those working on international property rights (IPRs), as it proposes a novel methodological framework for the evaluation of IPRs.Trade Review'Few areas of international law pose such diverse and complex issues as TKGR. This rich book not only reflects the multifaceted nature of the issues in the border area between the CBD, TRIPS and time honored principles and customs of law. It also offers a stunning view of past and present legislative attempts and develops a comprehensive legal and theoretical framework, which combines notions of fairness with principles of efficiency. The book is a must read for all working and thinking in the area.' --Jens Schovsbo, University of Copenhagen, Denmark'This contribution to the international debate on the protection of Traditional Knowledge and Genetic Resources (TKGR) represents an important new step and is a revelation. The book conveys both emotional and scientific insight and is a sensible call for rethinking and unleashing an area that has tended to be stuck between traditional thinking and political compromises. Frantzeska Papadopoulou's work provides a scientific foundation for looking at the TKGR world, and its values, with new eyes. Read it and get inspired!' --Marianne Levin, Stockholm University, SwedenTable of ContentsContents: 1. When Arrows From the Jungle Aim to the Heart of the Modern Intellectual Property Rights (IPRs) 2. Towards a Horizontal and Vertical Institutionalisation of TKGR Trade 3. TKGR Protection: Major Implementation Lines 4. Contractual Accommodation of Rights to TKGR 5. To Protect or Not to Protect 6. Where Traditional Knowledge Meets Modern IPRS Bibliography Index

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Book SynopsisThis timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.Trade Review‘This book gives an expert overview of jurisdiction rules in the field of intellectual property and stands as a must-have for any practitioner, student and scholar interested in international intellectual property litigation. This guide will definitely be a strategic asset in everyone’s library.' -- Journal of Intellectual Property Law & Practice‘Intellectual Property Jurisdiction Strategies: Where to LitigateTable of ContentsPART I: INTRODUCTION 1. Introduction PART II: NUMBER OF JURISDICTION RULES 2. Jurisdiction framework 3. Jurisdiction rules PART III: NATURE OF JURISDICTION RULES 4. General principles 5. Defendant’s domicile rule 6. Establishment rule 7. Plaintiff’s domicile rule 8. Multiple defendants' rule 9. Forum delicti rule 10. Central division rule 11. Exclusive jurisdiction rule PART IV: CONCLUSION 12. Conclusion Index

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Book SynopsisCreativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents.This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.Trade Review'This book discusses how emerging technologies link to innovation and creativity that can bring immense benefits to society, and stresses how legal systems (e.g., copyright) can help motivate and protect such development. I recommend the book to all technology enthusiasts who are keen on applying cutting-edge technology and knowledge.' --Hing Kai Chan, University of Nottingham Ningbo China'This book is a very original account of the importance of creativity within society. James Griffin has incorporated a wide range of materials and subjects to develop and establish his core argument that creativity is critical to the future of humanity. The book should be a primary reference for regulators, policymakers and researchers considering legal reforms, especially for 3D printing.' --Onyeka Osuji, University of Essex, UKTable of ContentsContents: 1. The history of pro(creation) 2. A third dimension: Creativity and the Individual – State relationship 3. A virtual reality? Creativity and the Individual: The importance of creative space 4. A fourth dimension: The administrative core 5. A fourth dimension imperilled by the third? The threatening space between the zone of discourse and the administrative core 6. The flow of reproduction – The reproduction of creativity as part of the proprietary discourse 7. An augmented reality (1) – Identifying the process of creativity 8. An augmented reality (2) – Reform – The proposed licensing system 9. An augmented reality (3) – The proposed regulatory body 10. Conclusion – The future of the creative State Index

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Book SynopsisThe proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. YadinTrade Review'The Research Handbook on the Law or Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.' --Christine Corcos, Louisiana State University and A&M, USThe Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in US, Asia, and the European Union, that explore how these jurisdictions might apply to VA/R-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.' --Ugo Pagallo, Università degli Studi di Torino, ItalyTable of ContentsContents: Section I. Introduction to the Law of Virtual and Augmented Reality 1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars Woodrow Barfield and Alexander Williams 2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation Crystal Nwaneri 3. Virtual Rule of Law Michael Risch 4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life Josh A.T. Fairfield Part II Intellectual Property Law 5. Virtual Copyright Michael Risch and Jack Russo 6. Trademark and the Right of Publicity in Augmented Reality Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow 7. Virtual Trade Dress Jack Russo Part III Issues of Constitutional and Criminal Law 8. First Amendment, Video Games and Virtual Marc Jonathan Blitz 9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation Brooke Lewis 10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space Marc Jonathan Blitz 11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking Gilad Yadin 12. The Law and Ethics of Virtual Sexual Assault John Danaher 13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments Gabriel Hallevy Part IV Applying the Law to Different Applications of Virtual and Augmented Reality 14. Advertising Legal Issues in Virtual and Augmented Reality S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams 15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising S. J. Blodgett- Ford and Mirjam Supponen 16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes Jon Garon Part V Contract, Property Law, and Jurisdiction 17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go Hannah YeeFen LIM 18. Freedom of Contract in Augmented Reality Scott R. Peppet 19. Law and Property in Virtual Worlds Wian Erlank 20. Legal Jurisdiction and the Deterritorialization of Social Life Paul Schiff Berman Index

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Book SynopsisThe fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. This second volume of Kritika, like the first, sees its contributors writing on core themes and concepts of intellectual property. The essays deal with the current limits of economic knowledge and approaches to intellectual property; China's approach to innovation and intellectual property; a functional and constructivist account of intellectual property rights; the evolution of the essential facilities doctrine, including in the Chinese context; the emergence of multi-layered IP protection for designed objects; the changing balance of the interests of trade mark proprietors, competitors and consumers; the interaction between place and non-agricultural geographical indications; and the trajectory of increased protection for intellectual property and some of its likely consequences. With contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas Riis; Jens Schovsbo; Ken Shao and Michel VivantTrade Review‘This is a very impressive collection of essays which feels relevant and comprehensive. The book deals with the spectrum of IP rights, drawing useful comparisons between them and keeping the material fresh and varied.’ -- Journal of Intellectual Property Law & PracticeTable of ContentsContents: 1. Cognitive dissonance in the economics of patent protection, trade and development Keith E. Maskus 2. Taobao, WeChat and Xiaomi: how innovation flourishes in China’s ‘fertile land of intellectual property piracy’ Ken Shao 3. Intellectual property rights and their functions: determining their legitimate ‘enclosure’ Michel Vivant 4. Intellectual property, standards, and antitrust: a new life for the essential facilities doctrine? Some insights from the Chinese regulation Giuseppe Colangelo and Roberto Pardolesi 5. Design law: caught between chairs? Jens Schovsbo and Thomas Riis 6. The development of trade marks into common names of products: a strong push towards a purely objective view of language evolution Vincenzo Di Cataldo 7. Geographies of taste, fashion, tradition and place Johanna Gibson 8. It’s raining carrots: the trajectory of increased intellectual property protection Susy Frankel Index

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Book SynopsisExploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers. Trade Review'The relationship between technology protected as intellectual property and its uses to address global climate change is far from simple. In this book Professor Brown draws on her in-depth knowledge of intellectual property law and international climate change policy issues to unpack those complexities and present a detailed analysis of how the two areas could more productively interact. Researchers and policymakers will benefit from reading this thought provoking book.' --Susy Frankel, Victoria University of Wellington, New Zealand'Abbe Brown's professional background, spanning practice and academia, makes her exceptionally well placed to consider workable solutions to climate change challenges. Spanning IP, competition and human rights and bringing in new approaches to statutory interpretation, Brown seeks to break down barriers and encourage judges and policy makers to take new approaches to these pressing problems. Finding practical solutions is core to Professor Brown's intellectual enquiry and she does not disappoint, adding important insights as to how significant progress could be made.' --Charlotte Waelde, Coventry University, UK'At the core of this book is this question: What is law's role in the package of solutions to mitigate climate change? That package will involve the invention and deployment of new technologies. Intellectual property will play a crucial role: it is meant to create incentives for innovation but it can also create barriers to the use of new technologies. The book offers the reader a comprehensive view of the law - and specifically IP law - in building a pathway to a low-carbon future.' --Daniel Gervais, Vanderbilt University, USTable of ContentsContents: Foreword Preface 1. Introduction 2. National legislation and policy making 3. Conflict and alignment? Rationales and litigation 4. Conflict and realities: presenting case studies 5. Present approaches, opportunities and challenges 6. New judicial approaches 7. Above the radar: delivering integration 8. Investor State Dispute Settlement: crossing boundaries? 9. Closing Thoughts Index

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Book Synopsis'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'- Rochelle Dreyfuss, New York University, School of Law, USIntellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. YuTrade Review'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.' --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.' --Raquel Xalabarder, The Open University of Catalonia, Spain'Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.' --Martin Senftleben, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko 2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer 3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths 5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel 6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo 8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata 9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller 11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad 12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger 13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law! Stefan Martin 14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl Part II Intellectual Property and courts in the United States and Japan 15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn 16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka 17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel 19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu 20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais Index

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Book SynopsisThis ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law. Using interesting examples, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of appropriators, authors, consumers and owners. The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences.Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.Table of ContentsContents: Foreword Introduction to Literary Characters in Intellectual Property Law 1. Works of fiction: are literary characters copyright works? 2. The right to reproduce literary characters 3. The right to adapt literary characters 4. The moral of the story: literary characters and moral rights 5. What’s in a name? Literary characters as registered trade marks 6. Character confusion: literary characters as unregistered trade marks 7. Sharing characters: exceptions and user rights in literary characters 8. Conclusion to Literary Characters in Intellectual Property Law Index

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Book SynopsisThe growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required.Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. WitzigTable of ContentsContents: Foreword Daniel Kraus, Olivier Hari and Thierry Obrist Introduction Daniel Kraus 1. Blockchains – Perspectives and challenges Vincent Mignon 2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry Pascal Witzig and Victoriya Salomon 3. Aspects of Private International Law Related to Blockchain Transactions Florence Guillaume 4. When Disruptive Meets Streamline: International Standardization in Blockchain Panagiotis Delimatsis 5. How Smart Can a Contract Be? Blaise Carron and Valentin Botteron 6. Aspects of Swiss financial Regulation Biba Homsy 7. The protection of cryptocurrencies’ owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin Olivier Hari 8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law Nadja Capus and Maëlle Le Boudec 9. Blockchains: Aspects of Intellectual Property Law Daniel Kraus and Charlotte Boulay 10. Blockchain and Data Protection Adrien Alberini and Vincent Pfammatter 11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective Thierry Obrist and Roland A. Pfister Index

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Book SynopsisThe second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.Trade Review'The book is an excellent read for anyone preparing for their first oppositions or appeals, as it gives a very good overview with practical tips as well as common pitfalls to avoid. For the more experienced ones, the big benefit of the book is the abundant references to case law. A section I particularly appreciated was the very clear and explicit explanation of hearing of witnesses. Another big bonus is of course the references to the 2020 Rules of Procedure of the Boards of Appeal.' --Kaisa Suominen, Moosedog Oy, Finland'This excellent book brings together the theory and practice of opposition and appeal at the European Patent Office. The expert authors explain the legal framework in an accessible manner and provide numerous tips which are based on many years of experience. This book helps you to make the right choices already during drafting the patent application and in opposition so that you will be in the best possible starting position for your appeal under the 2020 Rules of Procedure.' --Nyske Blokhuis, EP&C Patent Attorneys, the Netherlands/BelgiumTable of ContentsContents: Preface 1. Introduction 2. Drafting and prosecution stage 3. Opposition stage 4. Appeal stage – inter partes appeals 5. Appeal stage – ex parte appeals 6. Further issues 7. Conclusion Index

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Book SynopsisUniversities everywhere are increasingly being encouraged to translate their research findings into practical applications that will further the common good through technology transfer, a process in which intellectual property (IP) laws and systems play a central role. This Research Handbook skilfully places IP issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future. Written by leading experts from across the world, this Research Handbook offers new insights into our understanding of this area and its practical implications, situating IP and technology transfer within larger dialogues concerning the future of the research university. It illuminates a complex ecosystem in which the stakes are high and best practices are nuanced. Not overlooked are the most timely and controversial topics in the field, including inter partes review proceedings, conflicts of interest, patent enforcement and the public good, 3D printing, and university treatment of data. This Research Handbook will prove critical reading for scholars of both technology transfer and IP, as well as for practitioners working in these fields. Stakeholders such as university presidents and governing boards and members of higher education organizations will also find it insightful and useful. Contributors include: D.R. Cahoy, J. Carter-Johnson, Z. Chu, J.L. Contreras, M. Costa, J.A. Cunningham, C.L. Dahl, R. Feldman, T. Firpo, B.L. Frye, S. Ghosh, P. Guarda, C.S. Hayter, P. Lee, M.A. Lemley, B.J. Love, M.J. Madison, M.S. Mireles, M. Nicotra, E. Oliver, B. Pilz, M. Rimmer, M.D. Rinehart, M. Romano, J.H. Rooksby, C.J. Ryan, J.A. Sebeok, T. Sherer, L. Vertinsky, J.B. Warshaw, S. XiaoxueTrade Review‘Policy makers, scholars, university managers concerned with issues such as conflicts of interest and those concerned with the future potential for collaborative ventures in the industry-commerce field, will be able to find a valuable source of material in the detailed research reflected in this collection.’ -- John Hull, European Intellectual Property Review'As university technology transfer operations assume increasing responsibility for a broad range of innovation-related activities, this timely and important contribution provides an essential reference guide. Chapters covering both history and current practice establish the still evolving role of technology transfer within the university as a still evolving knowledge enterprise. The emphasis on the innovation economy and the public good firmly situates the book within the modern conception of this critical university function.' --Michael Crow, Arizona State University, US'This Research Handbook is an indispensable guide for understanding current U.S. university technology transfer practices, and the related conflicts and tensions. It provides a fascinating insight into the evolution of technology transfer and the political dynamics among and within universities in the background of the Bayh-Dole Act and the America Invents Act. . . . overall the Research Handbook should be of considerable value both to practitioners and scholars in enhancing their understanding of technology transfer issues and concerns.' --Robert Hardy, Council on Governmental Relations, USTable of ContentsContents: 1 Introduction to the Research Handbook on Intellectual Property and Technology Transfer 1 Jacob H Rooksby PART I TECHNOLOGY TRANSFER COMES OF AGE: POLICIES, PRACTICES AND POLITICS 2 University technology transfer structure and intellectual property policies 4 Jennifer Carter-Johnson 3 The politics of university technology transfer 41 Jessica A Sebeok 4 Bayh-Dole beyond patents 69 Shubha Ghosh 5 University as knowledge-based enterprise: organizational design and technology transfer 92 Jarrett B Warshaw 6 Policy advocacy and organizational change at the Association of University Technology Managers (AUTM) 131 Christopher S Hayter and Jacob H Rooksby 7 Conflicts of interest and academic research 143 Jorge L Contreras and Marc Daniel Rinehart 8 Modern intellectual property valuation in the academic technology transfer setting 166 Bryce Pilz PART II INTELLECTUAL PROPERTY AND TECHNOLOGY TRANSFER IN THE INNOVATIVE UNIVERSITY 9 The innovation arms race on academic campuses 196 Todd Sherer and Liza Vertinsky 10 Tacit knowledge and university-industry technology transfer 214 Peter Lee 11 Technology transfer and the public good 236 Brian L Frye and Christopher J Ryan, Jr 12 US patent sales by universities and research institutes 256 Brian J Love, Erik Oliver and Michael Costa 13 Intellectual property exchanges and auctions: non-traditional mechanisms for technology transfer 283 Daniel R Cahoy 14 Currents and crosscurrents in litigation of university and nonprofit related patents: is there a coming wave of patent litigation involving those patents? 309 Teo Firpo and Michael S Mireles 15 Is patent enforcement efficient? 324 Mark A Lemley and Robin Feldman 16 Reviewing inter partes review five years in: the view from university technology transfer offices 339 Cynthia Laury Dahl 17 Data governance and the emerging university 364 Michael J Madison 18 “Free data?”: open science in the age of personal data protection 391 Paolo Guarda PART III GLOBAL PERSPECTIVES ON INTELLECUTAL PROPERTY AND TECHNOLOGY TRANSFER 19 A European perspective on intellectual property and technology transfer 412 James A Cunningham, Marco Romano and Melita Nicotra 20 The current state of university technology transfer in China 434 Zhang Chu and Shi Xiaoxue 21 Make and share: intellectual property, higher education, technology transfer, and 3D printing in a global context 447 Matthew Rimmer Index 480

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Book SynopsisSarnoff's Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I m quite pleased to have it on my bookshelf.'- Eric Lane, Green Patent BlogWritten by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade.The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyze the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.Contributors: P. Ala'i, C. de Avila Plaza, D. Borges Barbosa, P. Bifani, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. YuTrade Review'Given Di Caprio's acceptance speech at the Oscars, calling on the world to take climate change seriously, this terrific tome could not have been more timely! Boasting a splendid array of scholars and policy makers, it traverses a wide spectrum of issues at the interface of IP and climate change technologies. Professor Joshua Sarnoff needs to be commended for conceptualizing and co-ordinating this project, resulting in a bountiful book that offers incisive insights on one of the foremost policy challenges facing the world today!' --Dr Shamnad Basheer, India'Tackling the climate problem will require the development, deployment and transfer of a wide variety of technologies at a pace and scale unprecedented outside of wartime. This will involve not only the environmental, energy and treaty laws familiar to climate law specialists, but also a bewildering array of issues under intellectual property, trade, procurement and other legal fields. Joshua Sarnoff has done a wonderful job in assembling leading experts from around the world to illuminate these complex matters.' --Michael B. Gerrard, Columbia Law School'In the wake of the Paris Agreement, there is a great need to encourage a transition to a clean energy world economy. Intellectual property and innovation policy will play a critical role in research, development, and deployment of clean technologies. In this context, the Research Handbook on Intellectual Property and Climate Change edited by Joshua Sarnoff is essential reading. This landmark collection provides a comprehensive examination of the inter-relationship between intellectual property and climate change. Leading authors from around the world tackle topics such as international law, patent law, green trade marks, copyright law, and trade secrets law. The Research Handbook on Intellectual Property and Climate Change also considers larger public policy issues in respect of climate finance, innovation law and policy, government procurement, standard-setting, and competition law.' --Matthew Rimmer, Queensland University of Technology, QueenslandTable of ContentsContents: 1. Introduction Joshua D. Sarnoff 2. Climate Science and Policy Responses David Hunter 3. International Law and Institutions for Climate Change Sanford E. Gaines 4. Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement Daniel J. Gervais 5. Intellectual Property Rights Under the UNFCCC: Without Response to Developing Countries’ Concerns Carlos M. Correa 6. The Intellectual Property Regime: Are There Lessons for Climate Change Negotiations? Peter Drahos 7. Intellectual Property Enforcement and Global Climate Change Peter K. Yu 8. Beyond Technology Transfer: Protecting Human Rights in a Climate-constrained World The International Council On Human Rights Policy 9. Behind the Wall: Global Climate Change and American Religion Robert K. Musil 10. Technology Transfer for Climate Change and Developing Country Viewpoints on Historical Responsibility and Common but Differentiated Responsibilities Dalindyebo Shabalala 11. Government Choices in Innovation Funding Joshua D. Sarnoff 12. Catalyzing Technology Development Through University Research Jorge L. Contreras and Charles R. McManis 13. Antitrust and Climate Change Michael A. Carrier 14. Climate Change Innovation, Products and Services Under the GATT/WTO System David A. Gantz and Padideh Ala’i 15. The Role of Government Procurement in Regard to Development, Dissemination and Costs of Climate Change Technologies Denis Borges Barbosa and Charlene de Avila Plaza 16. Patents and Climate Change Joshua D. Sarnoff 17. Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions Sharon K. Sandeen and David S. Levine 18. The Role of Copyright in the Protection of the Environment and the Fight Against Climate Change: Is the Current Copyright System Adequate? Estelle Derclaye 19. Intellectual Property and Related Rights in Climate Data Michael W. Carroll 20. Green Marks Christine Haight Farley 21. Standards and Related Intellectual Property Issues for Climate Change Technology Jorge L. Contreras 22. Privacy Issues in Smart Grid Deployment Jennifer M. Urban 23. Energy Steven Ferrey 24. Transportation Paolo Bifani, David Vivas-Eugui, and Hiafeng Wang 25. Food Geoff Tansey 26. Natural Resources Baskut Tuncak Index

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