Intellectual property law Books

Book SynopsisThe legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed.Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.Contributors include: A. Alén-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistö, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckström LindroosTrade Review'This book presents a unique and comprehensive perspective on online content distribution in the Digital Single Market (DSM). It goes beyond the current copyright debates and includes a highly relevant discussion on emerging technologies such as 3D design and AI generated content. It is necessary reading for anyone who is following the efforts in the European Union to adopt a Directive in this field.' --Niklas Bruun, IPR University Center, FinlandTable of ContentsContents: PART I – INTRODUCTION 1. Introduction Taina Pihlajarinne, Juha Vesala, Olli Honkkila PART II - COPYRIGHT AND ONLINE DISTRIBUTION – ON A PATH TO FRAGMENTATION? 2. The DSM Directive: A package (too) full of policies Martti Kivistö 3. Linking and copyright – a problem solvable by functional-technical concepts? Taina Pihlajarinne 4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case. Valentina Moscon 5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion Péter Mezei 6. Extended collective licensing and online distribution - prospects for extending the Nordic solution to the digital realm Anette Alén-Savikko and Tone Knapstad 7. Liability and access to contact information: striking the balance when service is used to distribute copyrighted digital content Katja Weckström Lindroos PART III EMERGING TECHNOLOGIES FOR ONLINE DISTRIBUTION – MORE FRAGMENTATION IN THE FUTURE? 8. AI-generated content: authorship and inventorship in the age of artificial intelligence Rosa Maria Ballardini, Kan He and Teemu Roos 9. Winds of change: conceptualising copyright law in a world of 3D models and 3D design files – a perspective from the UK Dinusha Mendis 10. Different aspects of trade mark confusion with respect to distribution of CAD files in the era of 3D printing Taina Pihlajarinne and Max Oker-Blom PART IV - DIGITAL SINGLE MARKET, COMPETITION AND REGULATION 11. Digital single market, digital content and consumer protection – critical reflections Katri Havu 12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’? Giuseppe Mazziotti 13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified Juha Vesala 14. Protecting domestic online content distribution in the EU: The impact of geo-blocking and open Internet rules on non-EU over-the-top players Marta Cantero 15. The Internet access provider’s commercial practices under the EU rules on open Internet Olli Honkkila PART V – CONCLUDING REMARKS 16. Concluding remarks Taina Pihlajarinne, Juha Vesala and Olli Honkkila 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 third volume of Kritika again brings together leading scholars from different fields and disciplines. Their essays reflect on some of the big problems in the field, addressing issues such as the way that institutions like WIPO continue with their propertization missions, how the bells of lobbyists toll incessantly for new data rights, and the ways in which discourses of human rights and information justice struggle to turn intellectual property from an instrument of private accumulation into one of service for the common good. Important questions in the field are also tackled, for example, how does the Islamic view of knowledge as life cohere with intellectual property, at a time when, as other essays show, intellectual property grounds new forms of state imperium?With contributions from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona MacmillanTable of ContentsContents: 1. ‘Love is blind, and lovers cannot see’: Resisting Copyright’s Romance Fiona Macmillan 2. The hypertrophy of German copyright law – And some fragmentary ideas on information law Thomas Hoeren 3. Against ‘Data Property’ P. Bernt Hugenholtz 4. Who am I? Of patent independence and ‘adjudicative regulators’ Shamnad Basheer and Rahul Bajaj 5. Rethinking the Foundations of Intellectual Property: Applying Islamic Principles on Selected Contemporary IP Challenges Mohammed El Said 6. Remodelling Global Intellectual Property Sara Bannerman 7. New economic models, new forms of state: The emergence of the ‘info-imperium’ state Blayne Haggart Index

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Book SynopsisThis fully updated book offers a compact and accessible account of EU intellectual property law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU's programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP's relationship with the EU's rules on free movement of goods and competition, as well as examining the enforcement of IP rights.Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of intellectual property is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world.Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.Trade Review'The late Catherine Seville was a wonderfully meticulous yet wide-ranging and innovative scholar of intellectual property law. This book on European Union IP law, treating the subject as a whole in its own right, is characteristic of her contribution, and superbly combines overview with critical comment and analysis. With both the EU and IP at something of a crossroads, Catherine's second edition could not be more timely.' --Hector L. MacQueen, University of Edinburgh Law School, UK'This second edition of EU Intellectual Property Law and Policy is indispensable for students and researchers alike. It is a user-friendly, insightful and comprehensible book.' --Jamil Ammar, Rutgers The State University of New Jersey, Newark, US and York University, CanadaTable of ContentsContents: 1. Introduction 2. Copyright and Related Rights 3. Patents and Related Rights 4. Designs 5. Trade Marks and Related Rights 6. Intellectual Property, Free Movement and Competition 7. Enforcement of Intellectual Property Rights Index

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Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, USTable of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427

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Book SynopsisThis authoritative book explores copyright and trade in the Pacific Rim under the Trans-Pacific Partnership (TPP), a mega-regional trade deal. Offering a perceptive critique of the TPP, Matthew Rimmer highlights the dissonance between Barack Obama's ideals that the agreement would be progressive and comprehensive and the substance of the trade deal. Rimmer considers the intellectual property chapter of the TPP, focusing on the debate over copyright terms, copyright exceptions, intermediary liability, and technological protection measures. He analyses the negotiations over trademark law, cybersquatting, geographical indications, and the plain packaging of tobacco products. The book also considers the debate over patent law and access to essential medicines, data protection and biologics, access to genetic resources, and the treatment of Indigenous intellectual property. Examining globalization and its discontents, the book concludes with policy solutions and recommendations for a truly progressive approach to intellectual property and trade.This book will be a valuable resource for scholars and students of intellectual property law, international economic law, and trade law. Its practical recommendations will also be beneficial for practitioners and policy makers working in the fields of intellectual property, investment, and trade.Trade Review'In this comprehensive volume, Professor Matthew Rimmer takes a deep dive into the intellectual property chapter of the Trans-Pacific Partnership, now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. He covers a wide range of controversial matters including access to essential medicines, cybersquatting, and Indigenous intellectual property. The book is a must read for intellectual property enthusiasts as well as those interested in the significance of the Trans-Pacific Partnership for the future of international trade law.' -- Tania Voon, University of Melbourne, Australia'The Trans-Pacific Partnership is the definitive account of a trade agreement that spans the globe with enormous implications for the digital economy, the environment, and climate change. Professor Matthew Rimmer masterfully recounts policy critiques and analysis from Australia, Canada, New Zealand, and the United States in crafting a convincing case that after years of closed door negotiations, the agreement fails to deliver a progressive vision for trade, intellectual property, and sustainable development.' -- Michael Geist, University of Ottawa, CanadaTable of ContentsContents: PREFACE INTRODUCTION PART ONE Copyright Law and Related Rights 1. Rock against the Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom 2. Fair Use and Fair Trade: The Trans-Pacific Partnership and Copyright Exceptions in the Pacific Rim 3. Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership PART TWO Electronic Commerce and Digital Trade 4. The Trans-Pacific Partnership and Big Data: Consumer Rights, Privacy, Electronic Commerce and Digital Trade PART THREE Trademark Law and Related Rights 5. No Logo: Nike, Labor Rights, Trade Mark Law, and the Trans-Pacific Partnership 6. The Big Chill: Investor-State Dispute Settlement, Tobacco Control, and the Trans-Pacific Partnership 7. The Prosecco Wars: Intellectual Property and Geographical Indications in the Pacific Rim PART FOUR Patent Law and Related Rights 8. Farmers’ Rights in the Pacific Rim: Plant Breeders’ Rights, Agricultural Patents, and the Trans-Pacific Partnership 9. The Trans-Pacific Partnership and Access to Essential Medicines: Patent Law, Public Health, and Pandemics 10. The Trans-Pacific Partnership and Biotechnology: Intellectual Property, Gene Patents and Biologics PART FIVE TRADE SECRETS 11. Secret Trade and Trade Secrets: The Trans-Pacific Partnership, Confidential Information, and Computer Crimes PART SIX THE ENVIRONMENT, CLIMATE CHANGE, AND INDIGENOUS RIGHTS 12. Greenwashing the Trans-Pacific Partnership: Trade and the Environment in the Pacific Rim 13. Two Solitudes: Climate Change and Trade in the Context of The Trans-Pacific Partnership 14. The Imperialism of the Trans-Pacific Partnership: First Nations, Traditional Knowledge, and Indigenous Intellectual Property CONCLUSION Index

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Book SynopsisThis book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable. Contributors include: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Díaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van EechoudTrade Review'As the first wave of national implementations of the EU Trade Secrets Directive has hit, it is of great interest to identify the central issues of the new legal framework in different jurisdictions. This timely contribution delivers just that: a number of perspectives from different EU countries give account of their respective national implementation and prepare the stage for a valuable comparative law perspective on the protection of Trade Secrets. Moreover, the book encompasses a cutting-edge assessment of the Directive's effects on topical issues (employee mobility, big data, AI, personalised medicine, etc).' --Matthias Leistner, Ludwig-Maximilians-Universität München, GermanyTable of ContentsContents: I. Introduction Jens Schovsbo, Timo Minssen, Thomas Riis 1. An Appraisal of the EU Directive on Trade Secrets II. The Directive and Its Context 2. The Directive on Trade Secrets and its Background Jens Schovsbo 3. Trade Secret Law as part of Information Law Henrik Udsen, Jens Schovsbo and Berdien van der Donk 4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law Sharon K. Sandeen III. Implementation of the Directive 5. UK Implementation of the Trade Secrets Directive Tanya Aplin and Richard Arnold 6. The Implementation of the Trade Secrets Directive in the Nordic Countries Jens Schovsbo and Niklas Bruun 7. Germany: The Trade Secrets Protection Act of 2019 Ansgar Ohly 8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain Ana Nordberg and Bárbara Díaz Alaminos IV. Specific issues 9. The Trade Secrets Directive and Employees Bengt Domeij 10. Choice of Law in EU Trade Secrecy Cases Rochelle Cooper Dreyfuss and Mireille van Eechoud 11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron? Ana Nordberg 12. Enforcement of Rights in Trade Secrets Thomas Riis V. Specific sectors 13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities Jakob S. Sherkow and Timo Minssen 14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off Nari Lee 15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe Neethu Rajam Index

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Book SynopsisThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.Trade Review'This is an insightful and fascinating read for anyone interested in the history and future of copyright law. As a prolific photographer and attorney (as well as a former senior policy advisor for the U.S. Copyright Office), Christopher S. Reed writes from a unique, bird's eye perspective on the public's perception of copyright issues and legislation, and what the future of copyright policy may hold. Definitely a must read!' --Keith Kupferschmid, Copyright Alliance, US'Christopher S. Reed sets the stage to understand the current history of the Copyright Office and the Copyright Act. His book is interesting and insightful, creating a record that will be important to scholars and historians at a key time in our copyright development. For anyone teaching or wanting to know about current issues within the context of the last few years, this is the go-to book. Reed knows his stuff, and makes it understandable and readable too.' --Elizabeth Townsend Gard, Tulane University, USTable of ContentsContents: Preface PART I 1. New beginnings 2. Thinking a little more boldly PART II 3. Orphan works and mass digitization 4. Online copyright enforcement 5. Copyright protection systems 6. Visual arts 7. Music licensing 8. Cable, satellite, and the future of television 9. Administering the copyright law PART III 10. Regime changes 11. Toward the next great copyright act? Index

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Book SynopsisCarefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.As well as setting out the legal framework for the main IP rights – copyright, patents, designs, trademarks, and related rights – the book examines the enforcement of IP rights, and the relationship of IP with the EU’s rules on the free movement of goods and competition. It also addresses the increasingly global exploitation of IP, while harmonisation remains partial, even at the EU level.This authoritative reference work is a rigorous and precise account of these complex and technical fields. It will be an essential resource for both practitioners and scholars in the field of IP.Key Features: Significantly updated and expanded since the second edition Precise and eloquent examination of all IP rights in the EU Coverage of the interaction between EU, National and International laws A key reference work for practitioners and academics Trade Review‘The late Catherine Seville was a wonderfully meticulous yet wide-ranging and innovative scholar of intellectual property law. This book on European Union IP law, treating the subject as a whole in its own right, is characteristic of her contribution, and now, sensitively edited and extended by Justine Pila, continues superbly to combine overview with critical comment and analysis as both EU and IP law undergo some fundamental changes.’ -- Hector L. MacQueen, Emeritus Professor, University of Edinburgh, UKTable of ContentsContents: Preface to the Second Edition Preface to the Third Edition 1. Introduction to Seville’s EU Intellectual Property Law and Policy 2. Copyright and related rights 3. Patents and related rights 4. Designs 5. Trade marks and related rights 6. Intellectual property, free movement, and competition 7. Enforcement of intellectual property rights Index

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Book Synopsis2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. YuTable of ContentsContents: Introduction: 50 years of the World Intellectual Property Organization Sam Ricketson 1. The foundation of the World Intellectual Property Organization: what came before Gillian Davies and Sam Ricketson 2. The Role of WIPO as an International Organization Alison Duxbury 3. WIPO: a brief institutional history and overview Gillian Davies and Sam Ricketson 4. WIPO: a view from inside and outside the tent Dr. Mihály Ficsor 5. Copyright and related rights: WIPO’s role in formulating international norms in this area Sam Ricketson and Tanya Aplin 6. WIPO’s Role in Procedural and Substantive Patent Law Harmonization Rochelle Dreyfuss and Jerome Reichman 7. Non-Conventional Marks and the Obstacle of Functionality – WIPO’s Role in Fleshing Out the Telle Quelle Rule Graeme Dinwoodie and Annette Kur 8. Making a Place for Place-Based IP: WIPO and Geographical Indications Dev Gangjee 9. Protection of Industrial Designs: a Twenty first Century Challenge for WIPO Antoon Quaedvlieg 10. WIPO, Development Cooperation and the Development Agenda Michael Blakeney 11. Education and Training, Technical Assistance Programs Raquel Xalabarder 12. The Relationship between WIPO and the WTODaniel Gervais 13. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Silke von Lewinski 14. WIPO and IP Dispute Resolution Andrew F. Christie 15. WIPO’s Role in Collating and Publishing Data and Statistics, and in Economic Analysis David Lindsay 16. Muddling Through Successfully: financing and governing WIP OIan Heath 17. WIPO and Treaty Interpretation Susy Frankel 18. Caught in the Middle: WIPO and Emerging Economies Peter K Yu 19. ‘Nothing for us, without us’: growth and diversity in observers' participation in WIPO. Antony Taubman 20. Modernizing Copyright and Saving the Planet? Speculations on WIPO’s Future Role Rebecca Giblin, Kimberlee Weatherall, Jane C Ginsburg and Jukka Liedes 21. WIPO – appraising the first 50 years Sam Ricketson Index

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Book SynopsisThis innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gáspár-Szilágyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. YuTrade Review'This Research Handbook is an essential resource for anyone working on intellectual property issues that cross international borders. As investment law reshapes the global governance of knowledge, Christophe Geiger has assembled some of the world's top scholars to address opportunities and challenges. Lawyers, policymakers, academics and students will benefit immensely from this timely collection of expert insights.' --Jeremy de Beer, University of Ottawa, Canada'The recent move to pursue intellectual property claims through international investment law threatens to disrupt the international intellectual property regime. However, it also offers a fascinating window into a number of features of that regime. This thought-provoking book brings together a stellar collection of authors exploring the discrete question of investment protection of intellectual property as well as the broader implications of this development for international intellectual property law.' --Graeme B. Dinwoodie, Illinois Institute of Technology, Chicago-Kent College of Law, US'Most intellectual property scholars lack in-depth understanding of the IP-investment nexus. This much needed book is the solution we need. It provides world-class scholarship on this complex and controversial field of international law whose diverse impacts range from industrial development to public health. Readers will gain a truly global perspective on the subject.' --Graham Dutfield, University of Leeds, UKTable of ContentsContents: 1 Introduction 1 Christophe Geiger PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 THE INTERACTION BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT IN THE CONTEXT OF TRADE AND INVESTMENT TREATIES 2 Protecting intellectual property through trade and investment agreements: concepts, norm-setting and dispute settlement 11 Henning Grosse Ruse-Khan 3 The object and purpose of mingling intellectual property, trade and investment 48 Susy Frankel 4 Mapping the evolution and trends of the nexus between intellectual property, trade and investment 63 Pedro Roffe 5 When is intellectual property an ‘investment’? 94 Ruth L. Okediji 6 Intellectual property as protected investment: redefining the reach of investors’ rights 120 Carlos Correa 7 The relevance of National Treatment and Most Favoured Nation in the context of intellectual property and investment disputes 137 Lukas Vanhonnaeker 8 Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights 159 Bryan Mercurio 9 Intellectual property, investment and the World Trade Organization (WTO): a historical account 182 Pratyush Nath Upreti SECTION 2 INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION: THE IMPACT ON REGULATORY POWERS AND PUBLIC POLICY 10 The intersection of ISDS and TRIPS flexibilities 207 Cynthia M. Ho 11 Public policy considerations in intellectual property-related international investment arbitration 218 Simon Klopschinski 12 Investor-State Dispute Settlement and intellectual property: lessons from Lilly v. Canada 250 Daniel Gervais PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 INTELLECTUAL PROPERTY, TRADE AND INVESTMENT: COMPARED ENFORCEMENT PROCEDURES AND THE FUTURE OF INVESTOR-STATE DISPUTE SETTLEMENT 13 Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights 267 Xavier Seuba 14 Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the Investor-State Dispute Settlement system? 287 Graham Cook and Hannu Wager 15 Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication 318 Rochelle Cooper Dreyfuss 16 Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond 339 Enrico Bonadio and Althaf Marsoof 17 Conceptual and institutional improvements to investor-state dispute settlement 366 Peter K. Yu SECTION 2 ADDRESSING THE ROLE OF HUMAN RIGHTS AND ETHICS IN INTELLECTUAL PROPERTY AND INVESTMENT LITIGATION 18 The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? 385 Martin Husovec 19 Human rights and intellectual property in investor to state dispute settlement 406 Tuomas Mylly 20 The protection of intellectual property and foreign direct investment: the impact of equity 438 Thomas Cottier SECTION 3 ADDRESSING THE EU AND NATIONAL LEGAL FRAMEWORK AND ITS INTERACTIONS WITH INTELLECTUAL PROPERTY AND INVESTMENT DISPUTES 21 The EU’s cumbersome investment law and policy, and its effects on the protection of intellectual property rights 461 Szilárd Gáspár-Szilágyi 22 The compliance of investment protection mechanisms in Free Trade Agreements with EU law 477 Rainer Geiger 23 Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State 492 Daniel Segoin 24 Regulatory and policy issues arising from intellectual property and Investor-State Dispute Settlement in the EU: a closer look at the TTIP and CETA 505 Christophe Geiger Index 528

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Book SynopsisThe international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.Trade Review‘The question addressed in this book – whether taking a pluralist approach in intellectual property is “functional“ in the sense that it yields better results than full and binding harmonisation – touches on one of the most central issues that policymakers, and also scholars, around the world face. As the book impressively demonstrates, the answers are as many as the issues addressed in the chapters, and as individual as the authors, who, as members of ATRIP, represent the intellectual richness and diversity of the global community of intellectual property scholars. However, as, Susy Frankel writes in her introduction, pluralism may remain the preferred choice where that is motivated by economic and cultural diversities, and also where room is needed to “experiment” with new solutions. In any case, the many viewpoints presented in this book provide valuable insights into the dynamic, continuous interaction between international norms and national solutions, and their common evolvement.’ -- Annette Kur, Max Planck Institute, Munich; ATRIP president 2007–2009Table of ContentsContents: Introduction : Susy Frankel Part I: Global Standards and their Interaction with National Norms 1. Whatever Became of Global, Mandatory, Fair Use?: A Case Study in Dysfunctional Pluralism Lionel Bently and Tanya Aplin 2. Intellectual Property Pluralism in African Development Agendas: Food Security, Plant Variety Protection and the role of the WIPO Susan Isiko Štrba 3. National Courts and their Role in the Development of International Intellectual Property Law and Policy – With Reflections on India Alison Slade 4. Legal method and lnterpretation in International IP law: Pluralism or Systemic Coherence Ana Nordberg Part II: Pluralism within a Framework of International Norms: comparative prespectives and national policy drivers 5. The Role of Confusion in Unfair Competition Law: A Comparative Perspective Jennifer Davis 6. Re-conceptualising the Country Code Top Level Domain Name as a Sui Generis Intellectual Property Right Susan Corbett 7. Alternative Products as a Factor in Determining the Functionality of Trade Marks – How the Criteria from the US Functionality Doctrine could be Applied in EU law? Lavinia Brancusi 8. Protecting Traditional Knowledge in Australia: What Can we Learn from India and Peru? Evana Wright 9. Geographical Indications in Nepal: In Search of Identity Pratyush Nath Upreti Part III: The Pluralsitic Functions of Copyright 10. Copyright as a Service – a Perspective on the Axiological Nature of the Copyright System Ewa Laskowska- Litak and Grzegorz Mania 11. Copyrightability of Remixes and Creation of a Remix Right Yahong Li 12. Copyright Pluralism and Human Rights of Visually Impaired Persons Lida Ayoubi 13. A More Pluralistic Approach to Copyright Protection after the Marrakesh Treaty Karolina Sztobryn 14. ‘Copyright is an Engine of Free Expression’ or ‘Free Expression is an Engine of Copyright’? Chongnang Wiputhanupong Part IV- Rigidity and Flexibility of Patent Law 15. Permanent Injunctions in Patent Law – In Search of Flexibility Rafal Sikorski 16. Utility model protection in Europe – an alternative for a patent or an anachronism? Marcin Balicki 17. University Inventions in Europe: A Special Focus On The Model Of Institutional Ownership Luz Sánchez García 18. Making of Patent Law at the Digital Frontier – Patents at the age of 3D printing Nari Lee Index

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Book SynopsisThis timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM.Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement.Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.Trade Review‘The problem of counterfeit medicines, while having its political, economic, medical and social dimension, is also a legal problem. This work is a study of the legal side of counterfeiting from the EU perspective. It provides a comprehensive analysis of the current EU regulatory framework, including medical law, IP law and criminal law. In addition to that, the book also offers detailed case studies of some of the most exciting counterfeiting examples explaining how they were dealt with. A timely and useful work.’ -- Andrej Savin, Copenhagen Business School, DenmarkTable of ContentsContents: Preface 1. Introduction to counterfeit and falsified medicines 2. Counterfeit and falsified medicines – case studies 3. Medicines law – an analysis of the Falsified Medicines Directive 4. IP law – an analysis of the Enforcement Directive and the Customs Regulation 5. Criminal law and counterfeit and falsified medicines 6. Conclusion and recommendations Index

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Book SynopsisThis innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.Trade Review'Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.' --Christopher Beauchamp, Brooklyn Law School, US'This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law's best-known just-so stories.' --Simon Stern, University of Toronto, CanadaTable of ContentsContents: List of Contributors Introduction PART I THE LORE OF PROPOERTY AND CONTRACT 1. Locke’s (Own) Literary Property Rebecca Schoff Curtin 2. The Lawful Piracy of James Joyce’s Poems Robert Spoo PART II THE LORE OF INTANGIBILITY 3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth Century Graham Dutfield and Uma Suthersanen 4. Neilson v. Harford: Shape and Form in Patent Law Jeffrey A. Lefstin PART III THE LORE OF AUTHORSHIP 5. The Stolen Poem of Saint Moling Brian L. Frye 6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns Kosgei Kembol Alvin 7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study Mayuree Sengupta PART IV THE LORE OF COMMON LAW 8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory Samuel F. Ernst 9. The Legacy of The Seasons: Confusion and Misdirection Mark Perry PART V THE LORE OF COURTS 10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence Shubha Ghosh 11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court Zvi S. Rosen PART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT 12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996 Emmanuel Kolawole Oke 13. Biotechnology Sector in India Kshitij Kumar Singh PART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME 14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen Arpan Banerjee and Dana Beldiman 15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia Catherine Bond and Jessica C Lai Index

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Book SynopsisProtecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.Trade Review'This book carefully presents features of the systems for the protection of traditional knowledge that are found in two key developing countries. The author skillfully frames those features as lessons for those designing frameworks for the protection of traditional knowledge in other places. The book provides a commendable level of detail making it useful and accessible for both researchers and policymakers around the globe.' --Susy Frankel, FRSNZ, Victoria University of Wellington, New Zealand'The value of this excellent book is that it goes beyond merely critiquing the main approaches proposed, which it does very convincingly, by examining two of the most established legal frameworks: those of Peru and India. Viewing national legal systems as pluralist and guided by the right to self-determination, she then applies her findings to Australia. The book is an enjoyable and illuminating read which should invigorate a rather tired debate.' --Graham Dutfield, University of Leeds, UK'In this outstanding book, Evana Wright carefully choreographs sample national experiences across strategically selected countries. Her findings are prudently presented as rich policy pathways and lessons for nations, regions, and policy makers with interest in the protection of traditional knowledge of the world's Indigenous Peoples and Local Communities.' --Chidi Oguamanam, University of Ottawa, CanadaTable of ContentsContents: 1. Traditional Knowledge: Why and how should we protect it? 2. Biopiracy: Shared history, different approaches 3. Institutions and funds 4. Access and benefit sharing 5. Databases and registers 6. Lessons from case studies Bibliography Index

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Book SynopsisDiscussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.Trade Review'This is an excellent book which explores an important issue for scholarship and society. The editors have drawn together high-quality scholars from a diverse range of geographical and legal disciplinary backgrounds. They have delivered a work which crosses silos and engages directly with the cultural, commercial, market-based and technological elements with which intellectual property and sustainability are entwined. The contributions are of individual significance and the work as a whole will be of interest to scholars, policymakers and industry as they develop their future paths to combining and delivering the key goals of sustainability, sustainable development and appropriate protection for IP.' -- Abbe Brown, University of Aberdeen, UK'Ole-Andreas Rognstad and Inger B. Ørstavik’s edited volume on IP and sustainable markets makes a timely and important contribution to the growing literature on the intersection of intellectual property and sustainable development. The chapter authors are all highly regarded experts in their fields, ranging from international environmental and intellectual property law treaties to domestic legislation. Their practical recommendations would, if adopted, result in welcome changes to our current international sustainable development infrastructure.' -- Joshua Sarnoff, DePaul University, US'This clear-sighted book on intellectual property and sustainable development provides a road map for a transition to a circular economy. The research explores the role of international institutions such as the WIPO, WTO and WHO in the realization of the United Nations Sustainable Development Goals. This research highlights the nexus between intellectual property and environmental policies in respect of clean energy, climate change and sustainable development.' -- Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: 1 Intellectual property and sustainable markets: introduction 1 Ole-Andreas Rognstad and Inger B. Ørstavik 2 Why are intellectual property rights hardly visible in the United Nations Sustainable Development Goals? 12 Hans Morten Haugen 3 Realigning TRIPS-plus negotiations with UN Sustainable Development Goals 38 Peter K. Yu 4 Disrupted creativity: cultural sustainability in peril 63 Daniel J. Gervais 5 Repairing and re-using from an exclusive rights perspective: towards sustainable lifespan as part of a new normal? 81 Taina Pihlajarinne 6 Revisiting the concept of ‘trade mark piracy’ in light of sustainable development goals: a discussion of the Norwegian ‘Apple Case’ 101 Ole-Andreas Rognstad 7 A modern role for intellectual property rights in sustainable finance, prudential banking and capital adequacy regulation 115 Janice Denoncourt 8 Intellectual property rights, technology development and market dynamics in the renewable energy sector 158 Inger B. Ørstavik 9 Smart Grid standards development and patent protection in the United States: striking the balance between dramatic overhaul of the electric grid and encouragement of innovation 188 Joel B. Eisen and Kristen Jakobsen Osenga 10 The treatment of intellectual property rights in open innovation models: new business models for the energy transition 207 Catherine Banet Index

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Book SynopsisIntellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP. Trade Review'''Does IPR boost or hamper innovation?''. This has been asked many times over the years. This extraordinary book asks the question again but without any attempt to provide for a straight-forward answer. Instead it relies on an impressive line-up of IPR legal scholars to show the reader where to look for answers and it points to ways of thinking about the complex relationship between IPR and innovation. Remarkably it does so without diminishing the complexities or taking anything for granted.' --Jens Schovsbo, University of Copenhagen, Denmark'Innovation is key for the development of our industrialised society. This is often complemented with the idea that IP is an essential tool to stimulate innovation. This volume puts that concept to the test. Did the expansion of IP stimulate innovation or is there a need to limit the scope of IP and give preference to the public domain? And where does open innovation and user-generated content fit in? All the answers are here and they are an exciting read.' --Paul Torremans, University of Nottingham, UKTable of ContentsContents: Preface Part I IP Expansion: The Effect of New Intellectual Property Rights on Innovation 1. Utility models: Do they really serve national innovation? Uma Suthersanen 2. Plant Varieties: Is UPOV 1991 a good fit for developing countries? Mrinalini Kochupillai 3. Geographical indications and innovation, what is the connection? Anke Moerland Part II A Need to Limit the scope of intellectual Property? 4. Examining the public domain empirically Kris Erickson, Martin Kretschmer and Dinusha Mendis 5. A doctrine of the public domain Alexander Peukert 6. Free-riding on the repute on trade marks – Does protection generate innovation? Ansgar Ohly 7. The European foreign policy for intellectual property rights enforcement Xavier Seuba and Elena Dan 8. Revisiting the patent misuse doctrine: Its potential contribution to maintaining incentives for innovation Daryl Lim 9. Standard-essential patents – Limiting exclusivity for the sake of innovation Peter Picht PART III NEW PARADIGMS OF INNOVATION IN INTELLECTUAL PROPERTY 10. Intellectual property and open innovation in 3D printing – A different form of exclusivity Nari Lee 11. Transformative use and user-generated content – Integrating new paradigms of creativity in copyright law Matthias Leistner and Verena Roder-Hießerich Index

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Book SynopsisMuch of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level. The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale. This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices. Trade Review‘The book boasts numerous strengths . . . the authors of the book, under the masterful baton of Susy Frankel, succeed in providing not only valuable contributions to the IP scholarship, but also an up-to-date, highly informative, methodologically sound and thought-provoking perspective on the goals of modern globalised IP laws.’ -- Giulia Priora, European Intellectual Property Review‘This book serves as an important contributor to debates concerned with how to calibrate national and international IP regimes to suit pertinent objectives. Scholars, lawmakers, and policy-makers in the IP space will find the book accessible and relevant.’ -- Chijioke Okorie, The South African Law Journal‘Understanding the objects and purposes of intellectual property laws is important for any number of different reasons. The objects and purposes serve to justify the intrusion that intellectual property law makes into the untrammeled operation of the market. As such, they help frame policy debates about the enactment and calibration of IP rights as well as inform the critique of existing law. But the objects and purposes are also used by national or regional courts such as the Court of Justice of the European Union deploying teleological or purposive approaches to interpretation. And at the international level, objects and purpose are a core feature of the Vienna Convention on the Law of Treaties, as the editor has explored extensively in her own work. This book offers an illuminating glimpse into a variety of these important roles, using examples drawn from across the entire range of intellectual property and from across the globe. As a whole, the book thus presents important critical analysis of why and how we protect intellectual property.’ -- Graeme B. Dinwoodie, Chicago-Kent College of Law, US and ATRIP President 2011–2013Table of ContentsContents: Introduction Susy Frankel Part I: Cultural Objectives and Development Goals 1. From ‘Oomoo’ to ‘Oro’: Nostalgia Labels and Cultural Policy on the Australian Trade Marks Register Megan Richardson, Julian Thomas and Jill Klein 2. A Successful Recalibration of Patent Law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum Scoparium) Jessica C. Lai 3. A TWAIL-Constructivist critique of the IP and Development Divide in the Age of Innovation - Has the Protection of Place-based goods changed the narrative for the Caribbean? Marsha S. Cadogan 4. New Frameworks for the Ownership and Licensing of Traditional Knowledge Associated with Genetic Resources in Africa Enyinna Nwauche Part II: Designs and Packaging and the Purpose of International and Regional Frameworks 5. Designing Disclosure: Disclosure of Cultural and Genetic Resource Utilisation in Design Protection Regimes Margo A. Bagley 6. Lost in Communication: A Few Thoughts on the Object and Purpose of the EU Design Protection Anna Tischner 7. Tobacco Plain Packaging, Human Rights and the Object and Purpose of International Trade Mark Protection Genevieve Wilkinson Part III: Innovation and Enforcement Objectives in the European Union 8. Patents, Supplementary Protection Certificates and Data Exclusivity at the Service of Pharmaceuticals Żaneta Pacud 9. Developing Policies that Leverage Research and Innovation to Retain Socio-Economic Benefits – The Strategic Use of Intellectual Property Helen Yu 10. Patent Invalidation and Legal Certainty Christoph Ann 11. Intellectual Property Rights in a Digital Environment: An EU Wide Mapping of Available Legislative Enforcement Measures Ana Nordberg and Knud Wallberg Part IV: Aspects of Copyright and their Relationship to Overall Purpose 12. Use and Abuse of Neighbouring Rights and the Growing Need for a Sound Understanding -The case of Online News Protection in Europe Valentina Moscon 13. Making Derivative Works without Authorisation and the Interpretation of Originality and Creativity Under Thailand’s Copyright Law Chongnang Wiputhanupong 14. The Collective Management System of Copyright and Related Rights in Europe -Competitive Aspects Maria Letizia Bixio Index

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Book SynopsisThis comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law. Trade Review‘This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.’ -- Peter K. Yu, Texas A&M University, US‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, AustraliaTable of ContentsContents Epigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xi Milan Kundera Introduction: a contemporary take on moral rights in intellectual property xiii Ysolde Gendreau PART I PHILOSOPHICAL ISSUES 1 In defence of honour? A case for moral rights from relational autonomy 2 Hannah Carnegy-Arbuthnott 2 The moral rights of the author – “All Quiet on the Eastern Front”? (a Polish perspective) 15 Sybilla Stanisławska-Kloc 3 Islamic legal philosophy and moral rights 48 Ezieddin Elmahjub 4 Against integrity: a feminist theory of moral rights, creative agency and attribution 60 Carys Craig and Anupriya Dhonchak 5 Civil Codes and authors’ rights 81 Laura Moscati PART II MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS 6 Inventor’s moral right and morality of patents 96 Nari Lee 7 Moral rights and industrial design 113 Giorgio Spedicato 8 Exploring moral interests in the intellectual creations underlying trademarks 134 Genevieve Wilkinson PART III TRADITIONAL MORAL RIGHTS DIVISIONS 9 Dualist vs. monist approaches to copyright within the European Union – an obstacle to the harmonization of moral rights? 152 Katharina de la Durantaye 10 Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry 167 F. Jay Dougherty PART IV CHALLENGES TO MORAL RIGHTS 11 The economic dimension of moral rights 186 Richard Watt 12 Moral rights for corporate entities 197 Pascal Kamina 13 Moral rights in cases involving multiple ownership 210 Tatiana Synodinou 14 “Sharing is caring”: Creative Commons, transformative culture, and moral rights protection 233 Alexandra Giannopoulou 15 Artificial intelligence and moral rights 251 Sérgio Branco and Beatriz Nunes 16 Exceptions and limitations to moral rights 267 Johan Axhamn 17 Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals 292 Christophe Geiger and Elena Izyumenko 18 Protection of moral rights in Greece, limitations and issues of abuse 315 Irini A. Stamatoudi 19 Moral rights and alternative dispute resolution 339 Brigitte Lindner 20 Private international law issues of moral rights 355 Paul L. C. Torremans PART V MORAL RIGHTS OUTSIDE EUROPE 21 Moral rights and the protection of traditional knowledge 370 Susy Frankel 22 Moral rights in Japan – ‘moral rights’ of juridical persons? 384 Tatsuhiro Ueno 23 Moral rights in China 399 Yong Wan 24 A reinforced protection to the constitutional fundamental right to authors’ moral rights in Latin America 413 Jhonny Antonio Pabón Cadavid 25 Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era 429 Silmara Juny de Abreu Chinellato 26 Moral rights in Commonwealth countries 443 Gillian Davies PART VI AUTHORS AND MORAL RIGHTS 27 Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa 461 John Peffer 28 Fictional stories by fictional people: Alan Smithee and moral rights 479 Darren Hudson Hick 29 Thou shalt not read: ius abutendi as a moral right of the author? 494 Rudolf Leška In conclusion: What’s new with moral rights? 516 Ysolde Gendreau Appendix: Commonwealth laws on moral rights – August 2022 533 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 SynopsisThis book presents a detailed analysis of the different approaches and measures for implementing the requirements of UNESCO’s 2003 Convention on Safeguarding Intangible Cultural Heritage (the Convention) and a practical interpretation of that treaty, based on the experience of States’ Parties and other primary actors. The book considers the interests of multiple stakeholders and takes account of how the Convention interacts with other international law regimes pertaining to both human rights and sustainable development.Key Features: Provides clear and concise information of the definition, scope and significance of intangible cultural heritage Utilises a wide-range of case studies to illustrate the application of the Convention on the ground. Considers the position of multiple stakeholders including national heritage organisations and non-state actors Outlines practical strategies and solutions for protecting and promoting cultural heritage and looks ahead to potential future developments in this field. Easy to follow structure, mapping out the treaty’s provisions thematically and highlighting their practical application Providing accessible and focused analysis, this book will be essential reading for lawyers and practitioners involved in the protection of intangible cultural heritage from both governmental and non-governmental institutions. The book will also be a valuable resource to academics and researchers working across various disciplines including law, heritage, and anthropology.Trade Review‘In this definitive mapping of safeguards for intangible cultural heritage, primarily under the eponymous UNESCO Convention of 2003, Professor Blake resets the compass away from a reliance primarily on state-initiated listings of disparate items and toward a more functional regime defined by communities, groups and individuals. Human rights and sustainable development form the guardrails.’ -- James Nafziger, Willamette University, US‘A preeminent authority on the 2003 Convention on Intangible Cultural Heritage, Professor Janet Blake was instrumental in its drafting and remains a key player in its implementation. This thoughtful and thorough exploration of this important instrument will no doubt facilitate its understanding and application by practitioners and scholars alike.’ -- Ana Filipa Vrdoljak, University of Technology, SydneyTable of ContentsContents: 1 An introduction to UNESCO’S 2003 Convention 2 Setting out the context and objectives 3 Defining key terms 4 The organs of the Convention and the Secretariat 5 Taking a participatory approach 6 Setting the policy framework 7 National institutional and legislative framework and developing capacities 8 From identification and inventorying to research and documentation 9 Educational programmes and transmission 10 International listing mechanism 11 International cooperation and assistance, the ICH Fund and identifying good practices 12 Periodic reporting by States Parties 13 A wider context: interactions with other international treaties and frameworks 14 Conclusions: assessing 20 years of operation and looking forward Index

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Book SynopsisSignificantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content.Key features of this second edition include: thoroughly up-to-date analysis of decisions of the Court of Justice and the Commission article-by-article commentary on the latest directives and regulations in the field of e-commerce a unique structure featuring detailed tables of cases and legislation and paragraph references, enabling easy access to all substantive legal provisions new chapters featuring analysis of services in the internal market, copyright in the Digital Single market, measures concerning open internet access and more. This unique work provides an updated account of the essential pieces of EU legislation on e-commerce. Legal practitioners will benefit from the clear structure and close examination of key provisions. The book will also appeal to legal scholars and advanced students, who will appreciate the concise overview and thoughtful analysis on future developments in the field.Trade Review‘EU Regulation of E-Commerce: A Commentary is an invaluable resource for researchers and students interested in the regulation of digital environments. This edited volume contains an impressive range of scholars, and depth of analysis. In a fast-moving field, this volume covers the most important European directives and regulations dealing with subjects that range from copyright to consumer protection. The editors are some of the most recognised scholars in the field, and this is a valuable addition to any library.’ -- Andres Guadamuz, University of Sussex, UK‘This is an important contribution to understanding the most important policy objective of the European Union: the growth of a safe and secure, trustworthy, and legally accountable framework for transactional e-Commerce, that respects not only fundamental rights but the private rights of stakeholders. An excellent range of contributors offers chapters, not only about the ex-ante rules and protections available for consumers, rightsholders, and the supply of digital content but the range of ex-post remedies and enforcement mechanisms available in the EU.' -- Mark Leiser, Leiden University, the NetherlandsTable of ContentsContents: Preface xix 1 The European Union and E-Commerce 1 Arno R. Lodder and Andrew D. Murray 2 Directive 2003/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce in the Internal Market 18 Arno R. Lodder 3 Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society 64 Tatiana Eleni Synodinou 4 Directive 2006/123/EC on Services in the Internal Market 115 Martien Schaub 5 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights 152 Christiana Markou 6 Directive 2013/11/EU on Alternative Dispute Resolution for Consumers and Regulation (EC) 524/2013 on Online Dispute Resolution 223 Pablo Cortés 7 Regulation (EU) No 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (EIDAS Regulation) 248 Jos Dumortier 8 Regulation 2015/2120/EU Laying down Measure Concerning Open Internet Access 282 Andrew Murray 9 Directive 2019/790/EU (Directive on Copyright and Related Rights in the Digial Single Market) 309 Luke McDonagh 10 Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services 335 Jorge Morais Carvalho 11 Regulation 2019/1150/EU on Promoting Fairness and Transparency for Business Users of Online Intermediation Services 365 Andrej Savin 12 Electronic Payments and Consumer Protection 387 Christine Riefa and Pamela Nika 13 E-commerce and EU Competition Law 428 Sonia Jóźwiak-Górny, Magdalena Jóźwiak and Artur Szmigielski Index

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Book SynopsisOffering a novel and pragmatic perspective, this timely book critically examines the development of a culture of machinist regulation and questions whether this approach is appropriate in an era of rising biological technologies. Adopting an ontological approach, James Griffin considers how current regulatory frameworks favour digital technology and how this may change in the future.Griffin adeptly investigates how regulation can impact the nature of new technologies, especially as biological computing is becoming more commonplace. Chapters provide a wealth of critical analysis, considering cutting-edge technologies such as AI, prosthesis, and biological computing. Griffin outlines a proposed reformative system which focuses on the biological substrate in the creation of cultural works. The book serves to highlight the ever-increasing need for awareness of the importance of biological substrates and for a regulatory system which reflects this.The State of Cultural Biology will be an essential read for academics and students interested in intellectual property law, law and technology, legal philosophy and law’s role in society. It will also prove invaluable to policymakers and professionals looking to broaden their knowledge on the regulation of modern technology.Trade Review‘Dr James Griffin presents a ground-breaking and visionary exploration into the fascinating world of biological computing, which sets this book apart. Through a captivating blend of rigorous research and real-world examples, Dr James Griffin skilfully showcases the profound impact of cultural context on our genetic expression and cognitive development, unearthing the insights that challenge conventional thinking on traditional (binary) computing. Dr James Griffin delivers an unparalleled examination of biological computing’s regulatory mechanisms that underpin this intricate interdependence of culture and biology. This book paves the way for a revolutionary advancement in various disciplines, from psychology to artificial intelligence. I found myself continuously inspired and enlightened by the fresh perspectives offered in this book.’ -- Hing Kai Chan, University of Nottingham Ningbo China, ChinaTable of ContentsContents: Preface 1 Introduction to the State of Cultural Biology 2 The machinic State 3 The biological State 4 The biology of legal nothingness (the invisible hand of biology) 5 The false turn of digital technology 6 The wider view: New Technologies 7 Reform 8 Conclusions on the State of Cultural Biology Bibliography Index

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Book SynopsisThis important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.Featuring an excellent combination of contributions from leading experts, chapters offer insights into relevant cutting-edge issues that still remain unsettled. Divided into three main parts, it focuses on how IP can work as a tool for cultural heritage protection and, in particular, intangible cultural heritage, and discusses the politics and policies in this area, including whether such protection is fit for purpose. The final section explores special issues of intersection between the two, making it relevant to cultural heritage institutions such as museums, galleries, auction houses, libraries, and platforms, including issues of cultural heritage and IP management.Encompassing the latest developments and debates in the area, this Research Handbook will be key reading for academics, postgraduate students, and researchers in the fields of cultural heritage and art law, cultural heritage management, and intellectual property law. It will also be relevant for practitioners, policymakers, cultural heritage institutions, and content platforms.Trade Review‘This book provides interesting food for thought as to the extent regulation is required and whether education might be an equally powerful tool in some circumstances. While protection of cultural heritage is understandably steeped in history, the book contemplates many modern issues such as digitisation of works of cultural heritage and the implications of 3D printing. This is a well-thought-out and thought-provoking text that is likely to be of interest to a wide range of individuals, not just IP lawyers.’ -- Charlotte Duly, Marques‘In this Research Handbook on Intellectual Property and Cultural Heritage, Irini Stamatoudi puts together a tremendous group of high-level scholars to explore from various angles the complex but fascinating relationship between intellectual property and cultural heritage. The result is an extremely rich and inspiring set of contributions covering various aspects of the protection of cultural heritage by different IP rights, the politics and policies behind it, as well as the specific challenges and issues faced by cultural institutions in this process.’ -- Christophe Geiger, University of Strasbourg, France‘An invaluable collection of essays which explores the multiple ways the law may help build a bridge between our shared past and our futures, digital or otherwise.’ -- Marco Ricolfi, University of Turin and NEXA Center for Internet and Society, ItalyTable of ContentsContents: Introduction to the Research Handbook on Intellectual Property and Cultural Heritage: Overview of the issues 1 Irini Stamatoudi PART I IP PROTECTION FOR CULTURAL HERITAGE SECTION I.A GENERAL 1 The notions of intellectual property and cultural heritage: Overlaps and clashes 8 Irini Stamatoudi 2 The protection of cultural heritage by copyright and related rights 37 Paul Torremans 3 The protection of cultural heritage by trademarks 55 Mira Burri 4 Cultural heritage and patent law: Alternatives for the protection of traditional knowledge and genetic resources 72 Pedro Henrique D. Batista 5 The protection of cultural heritage by designs 93 Bernd Justin Jütte and Alina Trapova 6 The protection of intangible cultural assets by trade secrets and unfair competition law 112 Neethu Rajam and Jens Schovsbo PART II IP PROTECTION FOR CULTURAL HERITAGE SECTION I.B SPECIAL ISSUES 7 Traditional knowledge, databases and prior art: Options for an effective defensive use of TK against undue patent granting 132 Reto M. Hilty, Pedro Henrique D. Batista and Suelen Carls 8 Re-evaluating the art practice of ‘appropriation’ from a copyright law perspective 154 Marina Markellou 9 Preservation and heritagisation of street art and graffiti 170 Enrico Bonadio 10 Copyright issues on the use of images on the Internet 191 Marie-Christine Janssens, Arina Gorbatyuk and Sonsoles Pajares Rivas 11 Linking, framing, and browsing digital or digitised works of art 214 Irini Stamatoudi and Zoi Mavroskoti 12 The protection of traditional cultural expressions by geographical indications 236 Michael Blakeney 13 Copyright ownership challenge arising from AI-generated works of art: A time to stand and stare 250 Theodoros Chiou PART III POLITICS AND POLICIES ASSOCIATED WITH PROTECTING CULTURAL HERITAGE BY IPRS 14 States’ discretion to classify IP subject matter as national cultural treasures 274 Maria-Daphne Papadopoulou and Maria G. Sinanidou 15 Intellectual property, cultural heritage, and human rights 294 Peter K. Yu 16 ‘Best practices’ to protect indigenous knowledge? 311 Jessica C. Lai 17 Intangible cultural heritage, intellectual property and the public domain 326 Charlotte Waelde 18 Bridging intellectual property and cultural heritage law in the practice of international governmental organisations 339 Andrzej Jakubowski and Hanna Schreiber PART IV SPECIAL ISSUES FOR CULTURAL INSTITUTIONS 19 The artist’s resale right 358 Simon Stokes 20 Digitization of cultural heritage under EU copyright: Digitizing the past to enable access and innovation for the future 374 Stavroula Karapapa 21 Intellectual property and cultural heritage issues for museums of archaeological materials 391 Pınar Oruç and Uma Suthersanen 22 Management issues for cultural heritage institutions 412 Konstantinos Roussos and Irini Stamatoudi 23 IP management for cultural heritage institutions 438 Rina Elster Pantalony 24 Cultural heritage, galleries and auction houses 454 Leila A. Amineddoleh 25 IP issues relating to cultural heritage platforms and new business models 479 Julia Wildgans 26 Born digital: Law, policy, and the preservation of videogames as digital cultural heritage 501 Benjamin Farrand 27 Private international law and cultural property and art disputes 516 Marc Weber 28 ADR, cultural heritage and intellectual property: A continuum of dispute resolution processes 542 Debbie De Girolamo 29 Intellectual property implications of 3D printing of cultural heritage 563 Charles Cronin Conclusion to the Research Handbook on Intellectual Property of Cultural Heritage: Important highlights 577 Irini Stamatoudi Index

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Book SynopsisThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.Trade Review'This is an insightful and fascinating read for anyone interested in the history and future of copyright law. As a prolific photographer and attorney (as well as a former senior policy advisor for the U.S. Copyright Office), Christopher S. Reed writes from a unique, bird's eye perspective on the public's perception of copyright issues and legislation, and what the future of copyright policy may hold. Definitely a must read!' --Keith Kupferschmid, Copyright Alliance, US'Christopher S. Reed sets the stage to understand the current history of the Copyright Office and the Copyright Act. His book is interesting and insightful, creating a record that will be important to scholars and historians at a key time in our copyright development. For anyone teaching or wanting to know about current issues within the context of the last few years, this is the go-to book. Reed knows his stuff, and makes it understandable and readable too.' --Elizabeth Townsend Gard, Tulane University, USTable of ContentsContents: Preface PART I 1. New beginnings 2. Thinking a little more boldly PART II 3. Orphan works and mass digitization 4. Online copyright enforcement 5. Copyright protection systems 6. Visual arts 7. Music licensing 8. Cable, satellite, and the future of television 9. Administering the copyright law PART III 10. Regime changes 11. Toward the next great copyright act? Index

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Book SynopsisThis incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity.Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.Trade Review‘Intellectual Property as a Complex Adaptive System will serve as a useful source for seasoned researchers and practitioners alike, who are interested in an interdisciplinary approach to IP.’ -- Anastasiia Kyrylenko, The IPKat‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’ -- Robert Brauneis, The George Washington University Law School, US‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’ -- Marketa Trimble, University of Nevada, Las Vegas, USTable of ContentsContents: Introduction to Intellectual Property as a Complex Adaptive System xv Anselm Kamperman Sanders and Anke Moerland PART I PATENTS AND INNOVATION 1 Intellectual property as a complex adaptive system 2 Anselm Kamperman Sanders and Anke Moerland 2 Intellectual property rights structures as complex and emergent phenomena 18 David A. Harper 3 How to protect technology: enforcement of patents in Europe today and in the future 43 Christof Augenstein 4 SEP licensing in the Internet of Things: is there a case for a duty to license upstream implementers? 60 Beatriz Conde Gallego 5 Patent quantity concerns under competition law 82 Marco D’Ostuni 6 The machine having ordinary skill in the art 102 Ryan Abbott PART II MARKETS, COLLECTIVE MANAGEMENT AND CREATIVITY 7 Sui generis , bureaucratic and based on origin: a snapshot of the nature of EU Geographical Indications 130 Andrea Zappalaglio 8 The role of market-driven and legislative solutions to online music licensing in Europe 151 Guiseppe Mazziotti PART III INSTITUTIONS AND JUSTICE 9 Investor-state dispute settlement as a constraint on intellectual property lawmaking 178 Rochelle Cooper Dreyfuss Index

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

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Book SynopsisThis accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests.Offering a complementary analysis, The Subjects of Literary and Artistic Copyright explores how copyright regulates the production and management of literature and art. The book examines the creators of literature and art, as well as market operators such as publishers and “managers” including museums, galleries, and universities. The perspectives offered cover a diverse range of subjects, and confront the regular contradictions and conflicts that occur within literary and artistic copyright interests. The chapters illustrate, via historical and empirical analysis, that established practices and traditional approaches to the management of copyright need to be revisited, in order to be more aligned with current social and technological frameworks.Providing a starting point for future research paths on copyright practices in art and literature, this insightful book will be of interest to legal academics looking to expand their knowledge of literary and artistic copyright. Law professionals with interests in intellectual property and art law will also benefit from its novel approach.Trade Review‘The Subjects of Literary and Artistic Copyright edited by Enrico Bonadio and Cristiana Sappa looks at copyright aspects of art and literature through the eyes of their main stakeholders, grouped in the volume in two categories: creators and intermediaries/ managers. Using historical and empirical analysis, this great collection revisits many assumptions about the creative process and the current management of copyrighted works. A must read for everyone interested in the complex relationships of all the actors involved in the process of cultural production.’ -- Christophe Geiger, Luiss Guido Carli University, Italy‘From traditional forms of authorship to the most contemporary ones, from the romantic authors to institutions whose participation in copyright management is less known – while revisiting digital challenges to the establishments that have always played an important role in the dissemination of works – this book offers a rich panorama of perspectives that inform the development of copyright law today. A decidedly modern take on copyright stakeholders.’ -- Ysolde Gendreau, Université de Montréal, Canada‘This book focuses on traditional categories of creators and stakeholders of works of literature and art including publishers, libraries, museums, galleries, auction houses and universities. Literary works and artistic works are types of copyright works that not only have inspired each other but also inspired copyright in general. This book offers a fresh look at the roles of stakeholders and conflicting interests in copyright law, it is a “must read” for all those engaging in copyright law.’ -- Irini Stamatoudi, University of Nicosia, CyprusTable of ContentsContents: Foreword ix Introduction 1 Enrico Bonadio and Cristiana Sappa PART I CREATORS SECTION A LITERATURE 1 The effects of copyrights on poets’ and novelists’ economic returns 9 Michela Giorcelli 2 Playwrights 22 Luke McDonagh 3 The fragility of freelancing: The impact of copyright law on modern journalism 37 Mary Catherine Amerine 4 Academic authors, copyright and dissemination of knowledge: A comparative overview 58 Marco Bellia and Valentina Moscon SECTION B ART 5 Copyright protection for painters, sculptors and cartoonists 78 Rudy Capildeo, Chris Haywood and James Yow 6 Digital photographers: Trust, truth, and copyright in the digital age 98 Jessica Silbey 7 ‘It’s not you, it’s me’: Are designers and copyright a good match? 113 Ana Ramalho 8 Architecture and dysfunction 137 Xiyin Tang PART II MANAGERS AND INTERMEDIARIES 9 Publishers and copyright 157 Enrico Bonadio and Anele Simon 10 Libraries and copyright law in the 21st century 183 Maximiliano Marzetti 11 Capturing the uncapturable: The relationship between universities and copyright through the lens of the audio-visual lecture capture policies 207 Guido Noto La Diega, Giulia Priora, Bernd Justin Jütte and Léo Pascault 12 Museums as education facilitators: How copyright affects access and dissemination of cultural heritage 234 Cristiana Sappa 13 Galleries and auction houses: The invisible managers of artistic copyright? 258 Simon Stokes Index

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Book SynopsisThis incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks.Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook ’s cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.Trade Review‘A book of impressive breadth and thoughtfully curated analyses of doctrinal and policy issues at the intersection of AI and Intellectual Property (IP). The Handbook illuminates challenges across all IP fields and exposes the fragile normative bases on which many of our extant laws depend. It is a must have and a “go to” for meaningful engagement with the complex questions regarding the regulation of AI and IP — both nationally and globally.’ -- Ruth L. Okediji, Harvard Law School, USTable of ContentsContents: PART I MULTI-SUBJECT 1 Artificial intelligence and intellectual property: an introduction 2 Ryan Abbott 2 The human cause 21 Daniel J. Gervais 3 Considering intellectual property law for embodied forms of artificial intelligence 39 Woodrow Barfield, Argyro Karanasiou and Karni Chagnal-Feferkorn 4 AI replication of musical styles points the way to an exclusive rights regime 64 Sean M. O’Connor 5 The elusive intellectual property protection of trained machine learning models: a European perspective 83 Jean-Marc Deltorn 6 An abject failure of intelligence: intellectual property and artificial intelligence 112 Michael D. Pendleton PART II COPYRIGHT AND RELATED RIGHTS 7 The AI–copyright challenge: tech-neutrality, authorship, and the public interest 133 Carys J. Craig 8 Four theories in search of an A(I)uthor 155 Giancarlo Frosio 9 Copyright law should stay true to itself in the age of artificial intelligence 178 Alice Lee and Phoebe Woo 10 The protection of AI-generated pictures (photograph and painting) under copyright law 197 Yaniv Benhamou & Ana Andrijevic 11 Performers’ rights and artificial intelligence 217 Richard Arnold 12 AIn’t it just software? 224 Shubha Ghosh 13 Can artificial intelligence infringe copyright? Some reflections 244 Enrico Bonadio, Plamen Dinev and Luke McDonagh PART III TRADE MARKS AND DESIGNS 14 Computational trademark infringement and adjudication 258 Daryl Lim 15 Online shopping with artificial intelligence: what role for trade marks? 289 Anke Moerland and Christie Kafrouni 16 Trademark law, AI-driven behavioral advertising, and the Digital Services Act: toward source and parameter transparency for consumers, brand owners, and competitors 308 Martin Senftleben 17 A quotidian revolution: artificial intelligence and trade mark law 324 Dev S. Gangjee 18 The impact of AI on designs law 345 Trevor Cook PART IV PATENTS AND TRADE SECRETS 19 Legal fictions and the corporation as an inventive artificial intelligence 355 Dennis Crouch 20 Economic reasons to recognise AI inventors 375 Benjamin Mitra-Kahn 21 Reverse engineering (by) artificial intelligence 390 Shawn Bayern 22 Trade secrets versus the AI explainability principle 404 Rita Matulionyte and Tatiana Aranovich 23 The inventive step requirement and the rise of the AI machines 422 Noam Shemtov and Garry A. Gabison 24 Trade secrecy, factual secrecy and the hype surrounding AI 442 Sharon K. Sandeen and Tanya Aplin Index

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Book SynopsisThis book examines the relationship between intellectual property (IP) law and the sports industry, exploring opportunities and challenges at their intersection. Jason Haynes and Justin Koo address how the legal principles of IP rights must evolve to address digitalization, artificial intelligence, and global market integration.

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Book SynopsisBoth law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. Volume 1 explores the the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade. Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.Trade Review'This remarkable set of books is a who's-who of IP scholars comprehensively summarizing IP scholarship. This isn't just a master's course in IP; it's several decades of knowledge condensed into two volumes.' --Mark A. Lemley, Stanford Law School, USTable of ContentsContents: Volume 1 Part I: Intellectual Property as Property 1. Intellectual Property as Property Molly Schaffer Van Houweling 2. Anticommons, Transaction Costs, and Patent Aggregators Rebecca S. Eisenberg 3. Governing Intellectual Property Henry E. Smith Part II: IP and Incentives 4. Philosophical Foundations of IP Law: The Law and Economics Paradigm Robert P. Merges 5. Intellectual Property Law and the Promotion of Welfare Christopher Buccafusco and Jonathan S. Masur 6. Economic Models of Innovation: Stand-Alone and Cumulative Creativity Peter S. Menell and Suzanne Scotchmer 7. Economic Analysis of Network Effects and Intellectual Property Peter S. Menell 8. Intellectual Property and Competition Herbert Hovenkamp 9. Intellectual Property and the Economics of Product Differentiation Christopher S. Yoo 10. Price Discrimination and Intellectual Property Ben Depoorter and Michael J. Meurer 11. When are IP Rights Necessary? Evidence from Innovation in IP’s Negative Space Kal Raustiala and Christopher Jon Sprigman 12. Open Innovation and Ex-Ante Licensing Michael J. Burstein 13. Prize and Reward Alternatives to Intellectual Property Michael Abramowicz Part III: IP Costs 14. Tailoring Intellectual Property Rights to Reduce Uniformity Cost Michael W. Carroll 15. Intellectual Property Enforcement Costs Ben Depoorter 16. Economic Analysis of Intellectual Property Notice and Disclosure Peter S. Menell Part IV: IP and Institutions 17. Patent Institutions: Shifting Interactions Between Legal Actors Arti K. Rai 18. The Economics of Collective Management Daniel Gervais 19. “The Common Law” in the Law and Economics of Intellectual Property Shyamkrishna Balganesh 20. In the Shadow of the Law: The Role of Custom in Intellectual Property Jennifer E. Rothman 21. Infrastructure Theory and IP Brett Frischmann Part V: IP, Development, and International Trade 22. Creative Development: Copyright and Emerging Creatve Industries Sean A. Pager 23. Intellectual Property and Economic Development: A Guide for Scholarly and Policy Research Shubha Ghosh 24. Economic Development and Intellectual Property Rights: Key Analytical Results from Economics Keith E. Maskus Index Volume 2 Part I: Empirical Methods 1. Data Sources on Patents, Copyrights, Trademarks, and Other Intellectual Property Ted Sichelman and David L. Schwartz Part II: Empirical Studies Relating to Patents Section A: Metrics 2. Patent Citation Data in Social Science Research: Overview and Best Practices Adam B. Jaffe and Gaétan de Rassenfosse 3. Patent Value John R. Allison Section B: Patent Institutions and Litigation 4. Empirical Scholarship on the Prosecution Process at the PTO Melissa F. Wasserman and Michael D. Frakes 5. The USPTO’s Patent Trial and Appeal Board Arti K. Rai and Saurabh Vishnubhakat 6. The Federal Circuit as an Institution Ryan Vacca 7. Empirical Studies of Claim Construction J. Jonas Anderson and Peter S. Menell 8. Empirical Studies of the International Trade Commission Colleen V. Chien and David L. Schwartz 9. Technical Standards, Standards-Setting Organizations and Intellectual Property: A Survey of the Literature (With an Emphasis on Empirical Approaches) Jorge L. Contreras 10. Empirical Studies of Patent Pools Michael Mattioli 11. Empirical Analyses Related to University Patenting Arvids A. Ziedonis Part III: Patent Law Doctrines 12. Empirical Studies in Patentability Ronald Mann and Christopher Cotropia 13. Patent Duration Brian J. Love 14. Infringement Lee Petherbridge and Jason Rantanen 15. Presumption of Validity Christopher B. Seaman 16. Inequitable Conduct and Patent Misuse Lee Petherbridge and Jason Rantanen 17. Remedies Thomas F. Cotter and John M. Golden Part IV: Technology-Specific Studies 18. Patent Rights and Innovation: Evidence from the Semiconductor Industry Rosemarie H. Ziedonis and Alberto Galasso 19. Patent Trolls Jay Kesan 20. Patents and Innovation in Economic History Petra Moser 21. The Political Economy of Intellectual Property Reforms Jay P. Kesan and Andres A. Gallo Part V: Empirical Studies Relating to Copyright 22. Empirical Studies of Copyright Litigation Matthew Sag 23. Empirical Studies of Copyright Registration Dotan Oliar 24. Copyright and Technological Change in Music, Movies, and Books Joel Waldfogel 25. Music Copyright Peter DiCola 26. Experiments in Intellectual Property Christopher Buccafusco and Christopher Jon Sprigman 27. The Effect of Copyright Law on Access to Works Paul J. Heald Part VI: Empirical Studies of Trademark Law 28. Empirical Studies of Trademark Law Barton Beebe Part VII: Empirical Methods in Trade Secret Research 29. Empirical Methods in Trade Secret Research Michael Risch Part VIII: Knowledge Commons 30. Knowledge Commons Katherine J. Strandburg and Brett M. Frischmann Index

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Book SynopsisThis forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.Trade Review‘As the book title suggests, The Future of Intellectual Property, contains several valuable contributions from scholars who seek to challenge the status quo or highlight certain deficiencies of the IP system. This collection of essays provides a valuable contribution to what will be a continuing debate between primary IP rights (copyright, trade marks, design and patent law) and the role of secondary rights (such as TPMs and RMI).’ -- Tyrone Berger, Intellectual Property Forum‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’ -- Caroline B Ncube, South African Law Journal‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’ -- Robert Burrell, University of Oxford, UKTable of ContentsContents: 1 Introduction to the future of intellectual property 1 Daniel J. Gervais PART I RETHINKING FUNDAMENTALS 2 Intellectual property for humanity: A manifesto 9 Phoebe Li 3 Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA 37 Roberto Garza Barbosa 4 Company classification taxonomy and corporate intellectual property rights owners 55 Janice Denoncourt 5 Defining intellectual property as an investment 80 Emmanuel Kolawole Oke 6 Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas 104 Abbe E.L. Brown PART II ARTIFICIAL INTELLIGENCE AND DATA 7 AI patents and the self-assembling machine 128 Dan L. Burk 8 Challenges of artificial intelligence to patent law and copyright law and countermeasures 149 Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang 9 Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property? 168 Margaret Ann Wilkinson 10 The doctrine of sound prediction – a possible tool to support patenting black box algorithms for personalized medicine? 191 Helen Yu PART III RETHINKING COPYRIGHT AND TRADEMARK LAW 11 A data-driven approach to copyright in the age of online platforms 207 Giuseppe Mazziotti 12 The CJEU and the educational exception in Renckhoff : Permitted to view but not to share? 229 Bukola Faturoti 13 Hyperlinking to copyright works in EU: Finding a weak link 251 Ivana Kunda 14 Modernization of trademark legislation in Mexico: The case of olfactory and sound marks 272 Guillermo Martínez Cons PART IV RETHINKING GEOGRAPHICAL NAMES AND INDICATIONS 15 Rebreeding geographical indications beyond agriculture: of ‘genotype’ and ‘phenotype’ in territorial products 273 Bernardo Calabrese 16 Brand new IP: ‘country name designation’ – from France with love 291 Natalie G. S. Corthésy Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisExamining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.Trade Review‘The relationship between trade agreements and the implementation of intellectual property laws domestically and regionally is complex. With the UK leaving the EU the legal maze of international obligations, and influences of EU law in the UK and UK law to the EU, is a new field. This cutting-edge book illuminates this topic in an accessible way for experts, students and policymakers.’ -- Susy Frankel, Victoria University of Wellington, New Zealand‘This book examines a subject which is of increasing significance for the IP laws of all countries, which is the impact of FTAs on those laws. This is of particular significance for the UK where European IP rules will be replaced by those in FTAs. Phillip Johnson is the first scholar to consider this subject and his book makes a very important contribution to our understanding to the general subject of IP chapters in FTAs, as well as to the specific subject of the enduring influence in the UK of the EUs IP laws.’ -- Michael Blakeney, University of Western AustraliaTable of ContentsContents: PART I ACQUIS FROM ALL SIDES 1. Introduction: taking back control? 2. Interpretation of trade agreements: reading up and down 3. Principles of non-discrimination: broadening the effect of free trade agreements PART II THE BREADTH OF PROTECTION 4. Copyright and related rights 5. Trade marks, unfair competition and geographical indications 6. Designs and semi-conductor typographies 7. Patents, plant varieties and trade secrets 8. Enforcement and immunities 9. Exhaustion, border control and technology transfer 10. Conclusion: being locked in PART III LOCKED-IN LAWS Bibliography 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.The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou LinTable of ContentsContents: 1 Niklas Bruun 1 Reflections on the contradictory history of the regulation of employee intellectual property 2 Thomas Cottier 23 The legal nature of intellectual property rights in public international law 3 Annette Kur 48 Trade mark (and design) law from a personal perspective 4 Hector L MacQueen 73 Surprised by intellectual property law? 5 Dianne Nicol 99 The pendulum of patents, principles and products – from the industrial revolution to the genetic revolution 6 Sam Ricketson 125 Change or no change – a personal intellectual property journey 7 Jayashree Watal 152 North-South perceptions of the TRIPs Agreement: then and now (1990 and 2020) 8 Zhou Lin 174 A copyrightist for art’s sake Index

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Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, USTable of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427

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

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Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

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Book SynopsisIn the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: ‘Best practice’ on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.Trade Review‘Each chapter includes helpful examples, practical recommendations and notes of caution. The book, therefore, reaches its aim of raising awareness of the importance of IP for start-ups, providing clear instructions for action as possible for start-ups and their advisors.’ -- Hayleigh Bosher, IPKat.com‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start-up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I have not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focusing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’ -- Gwilym Roberts, Kilburn & Strode LLP, London, UK‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit from the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’ -- Beat Weibel, Chief IP Counsel, Siemens AG, GermanyTable of ContentsContents: Preface xvii 1. Basics of intellectual property rights with a focus on start-ups 1 Uwe Schriek, Manuel F Juette and Stefan Golkowsky 2. Basics and development of an IP strategy for start-ups 33 Uwe Schriek 3. Basic principles of the law on inventions and their relevance for start-ups 53 Peter Karge 4. Patenting and spin-offs at universities 92 Werner Mäntele 5. IP rights in start-ups as support when approaching investors in financing rounds 111 thorsten lubinski 6. Contract drafting for start-ups with a focus on IP rights 128 Rainer Gith 7. Protecting future business with a value-driven IP strategy 156 Rudolf Freytag 8 IP management in the start-up lifecycle 192 christina lubinski and christoph viebig 9. Aspects relevant to the valuation of start-ups, with a focus on intangible assets 216 Ashkan Kalantary 10. From IP to IPO – IP rights from the investor’s perspective 236 Daniel Brüggemann Bibliography Index

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Book SynopsisThis timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.Trade Review‘Pratyush Nath Upreti, in his IPKat 2022 award-winning book, explores the IP objectives in IIAs. The author has combined hermeneutic and exploratory approaches to provide a fresh look into this emerging area. The book is a thought-provoking, well-researched and excellent contribution to the fields of IP and investment law. It offers a fresh look at IP and investment interactions. It should be a useful read for the relevant stakeholders while dealing with the current challenges of IP and investment.’ -- Mohammad Ataul Karim, International Review of Intellectual Property and Competition Law‘Overall, the book makes a novel and timely contribution to studying the intersection between international investment law and IP. Its discussion also has important implications for other issues in IIAs that are intertwined with social objectives, which is particularly valuable for the ongoing discourse on investment law reform.’ -- Chen Yu, Asian Journal of International Law‘This timely and thought-provoking book greatly enhances our understanding and appreciation of the relationship between intellectual property and investment law. Informed by treaty texts, WTO panel reports and investment arbitration decisions, the book explains why we need to pay greater attention to the objectives of intellectual property rights while avoiding the short-sighted view that treats intellectual property as mere investments. A must-read for anybody interested in intellectual property law or investment arbitration!’ -- Peter K. Yu, Texas A&M University, US‘This book provides a cutting-edge analysis of the relationships and intersections between intellectual property regime and international investment law. It examines the issues arising from this intersection in a lucid and coherent manner and makes an original contribution to the current debate on the interaction between the protection of intellectual property and the investor-state dispute settlement mechanism. The analysis of the extant and emerging normative framework in this area is fascinating. I highly recommend this book to policy makers, lawyers, scholars, and arbitrators interested in this area.’ -- Surya P. Subedi, KC, University of Leeds, UK‘This well-researched monograph makes a substantial contribution to the debate on intellectual property and international investment law. The book presents a detailed analysis of how intellectual property and international investment law interact and projects how they could do so in the future. The monograph demonstrates how intellectual property protection and investor-state arbitration can be managed without distorting the objectives of intellectual property. The framework developed in this book should inspire future research and garner the attention of policy makers and scholars from both developed and developing countries.’ -- Bryan Mercurio, The Chinese University of Hong Kong‘A valuable contribution to the controversial debate about the relationship between foreign direct investment and intellectual property, particularly in the context of bilateral trade agreements and investor state dispute settlement. The book analyses the often-competing objectives of intellectual property and investment agreements in an accessible, eminently readable way. The book’s insightful approach provides a normative framework that will be enlightening for academic audiences, policy makers and practitioners alike. A thorough and balanced analysis of this critical field of international law.’ -- Duncan Matthews, Queen Mary University, UKTable of ContentsContents: 1. Introduction to Intellectual Property Objectives in International Investment Agreements 2. The social objectives of international intellectual property 3. Property protection of investment assets 4. Intellectual property as an investment 5. The role of national and international intellectual property in reconceptualising the definition of investment 6. Domestication of the investment regime: a perspective from intellectual property and beyond 7. Intellectual property shelters in international investment agreements 8. Conclusion Index

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Book SynopsisThis timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control.The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels – in the context of current issues and future trends, including those related to COVID-19 – and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed.Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.Trade Review‘Pharmaceutical and vaccine markets are highly complex. In European healthcare systems, the state is the major purchaser, and so ordinary rules of competition law are insufficient in themselves to respond to the various dynamics at play: cost-effective innovation; access to medicines; burden on the public purse. But competition law is one of the aspects of the relevant regulatory toolkit, so it’s crucial to understand how it applies. This cross-disciplinary and timely book goes well beyond the superficial, in its analysis and critique of contemporary developments and the direction of travel of European competition law as it applies to pharmaceuticals.’ -- Tamara Hervey, City, University of London, UKTable of ContentsContents: Foreword xiv PART I INTRODUCTION, LEGAL AND ECONOMIC CONTEXT 1 Introduction 2 Marcel Canoy, Jotte Mulder and Wolf Sauter 2 Excessive pricing doctrine in the pharmaceutical sector: the space for reform 16 Frederick M Abbott 3 Evergreening exclusive rights in pharmaceutical products: the case of SPCs, paediatric extensions and orphan drugs 33 Frantzeska Papadopoulou 4 The economics of patents and innovation in pharma 48 Marcel Canoy and Matthijs Versteegh PART II THE COMPETITION CASES SECTION IIA PAY FOR DELAY AND PATENT STRATEGIES 5 Settlement agreements acknowledging patent validity in the United Kingdom 62 Okeoghene Odudu 6 Anticompetitive pharmaceutical patent settlements: the EU cases on pay-for-delay 79 Jotte Mulder and Wolf Sauter SECTION IIB EXCESSIVE PRICING 7 The Aspen case of the Italian Competition Authority 98 Claudia Desogus 8 Unfair pricing: policy considerations and recent experience in the pharmaceutical sector 113 Andrew Groves and Lourenço Ventura 9 Temporary dominance and excessive pharmaceutical pricing – CD Pharma (Denmark) 124 Behrang Kianzad 10 Excessive pricing for pharmaceuticals in the Netherlands: the Leadiant case 138 Freek Bruggert and Clara Ceulemans 11 The EU Aspen decision: the European Commission’s first excessive pricing decision in the pharmaceutical market 151 Harald Mische SECTION IIC DISPARAGEMENT AND MISLEADING INFORMATION 12 Disparagement: the European Union and France 175 Adrien Giraud, Juliette Raffaitin and Constance Dobelmann 13 The dissemination of misleading information in the pharmaceutical market: the Italian experience 199 Margherita Colangelo SECTION IID MERGERS AND PARALLEL TRADE 14 EU merger control in the pharmaceutical sector: an overview 213 Jan Truijens Martinez 15 Taking stock of the single market imperative in the Court’s case law on parallel trade in pharmaceuticals: are matters as settled as they seem? 229 Jotte Mulder PART III FUTURE DIRECTIONS 16 Towards responsive enforcement of EU antitrust in pharmaceuticals 248 Wolf Sauter 17 Excessive pricing in pharmaceuticals: perspectives from EU antitrust and regulation 264 Giorgio Monti and Leigh Hancher 18 Tackling grand challenges with competition law: lessons from the pandemic 281 Ioannis Lianos, Timo Minssen and Christy Kollmar Index

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Book SynopsisThis comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation. By combining research from both leading experts and up-and-coming scholars, this expansive Research Handbook examines the four main intellectual property rights: patent, trademark, design and copyright, as well as trade secrets. Chapters provide cutting-edge empirical data and projections on legislation and case law, using quantitative and qualitative methods, including surveys, interviews, descriptive and inferential statistics. The Research Handbook on Empirical Studies in Intellectual Property Law will be highly beneficial for scholars and advanced students of intellectual property, in both legal and economic disciplines, and will inspire new research directions. Practitioners and policymakers will also be interested as the chapters offer statistics on which client advice and policymaking can be based.Trade Review‘The Research Handbook on Empirical Studies in Intellectual Property Law makes a welcome and timely contribution to the field given increasing interest in using empirical methods to study IP law and its effect on innovation, competition, and access to knowledge. The Handbook shows how empirical methods contribute to knowledge and can complement and refine theoretical or normative arguments about IP. The Research Handbook is a valuable resource for scholars, policymakers, and practitioners in the field.' -- Matthew Sag, Emory University, US‘In this thought-provoking collection, Professor Derclaye and an expert cast of contributors showcase the importance of empirical methods for specific types of intellectual property questions. Empirical legal research prioritises the importance of law in action, in turn feeding into judicial deliberation and evidence-based policymaking. These pages contain rich pickings, both qualitative and quantitative. The reader will find studies of litigation strategies as well as appellate adjudication trends, alongside scholarship tracing the ripple effects of landmark decisions in subsequent doctrine. For registration ecosystems, there are revelations on the strategic preferences of patent applicants, registered design survival rates when challenged and the uses to which trade mark registration data can be put. Qualitative research draws in the perspectives of users of the IP system, from the motivations of design applicants to how cultural institutions give practical form and substance to fuzzy copyright exceptions. The relatively unfamiliar-because-undocumented topic of licensing practices is found within these pages, as are studies on remedies. Beyond this research providing empirical answers to discrete questions, the volume also contains valuable literature reviews synthesising the empirical research in individual domains, such as copyright. As one would expect, there is the expected attentiveness to methodology as well as the quality of data sources. This book will be valued not only for its breadth of subject matter coverage – plant varieties and trade secrets feature – but also its jurisdictional coverage, given the relative novelty of this mode of research. Undoubtedly a welcome and enduring reference point for all such future scholarship.’ -- Dev S. Gangjee, University of Oxford, UK‘This is a highly valuable reference work for those interested in empirical research in IP law. The collection showcases some fascinating empirical projects in the areas of patents, trade secrets, plant variety rights, copyright, trade marks and designs, primarily from the U.S., EU, Australia and China. The book also signposts avenues for future empirical research and provides useful lessons in how to tackle the challenges of different empirical methods.’ -- Tanya Aplin, King's College London, UKTable of ContentsContents: Introduction xi PART I PATENTS AND PLANT VARIETY RIGHTS 1 Studying patent infringement litigation 2 Jason Rantanen 2 Legal empirical studies of patenting and patent licensing practices 27 Esther van Zimmeren 3 The Australian ‘Valley of Death’? Australian research and patenting practices in bioprinting and genome editing 47 Jane Nielsen, Dianne Nicol and Cameron Stewart 4 Plant variety protection and farmers’ rights in India and Indonesia 74 Christoph Antons and Amrithnath Sreedevi Babu PART II PATENTS AND TRADE SECRETS 5 From patents to trade secrets 101 Michael Risch 6 Evidence-based IP research 120 Mateo Aboy, Louise C. Druedahl and Timo Minssen 7 Solving trade secret disputes in Chinese courts: some empirical evidence 137 Runhua Wang PART III COPYRIGHT 8 A survey of empirical analysis of U.S. copyright law 165 Ben Depoorter 9 An empirical defence of expanded fair dealing in UK copyright law 176 Emily Hudson 10 Empirical methods for researching copyright in Australia 195 Kylie Pappalardo 11 Public views on disgorgement of profits in copyright law 217 Branislav Hazucha PART IV TRADEMARKS 12 The story of USPTO trademark data 240 Deborah R. Gerhardt and Jon J. Lee 13 An empirical study of the basis of refusal of EU trade marks for 3D marks 269 Ilanah Fhima 14 Trade marks law of Thailand and certain empirical incongruities 290 Piani Nanakorn 15 Empirical experiences in IP – conducting qualitative empirical research in law and regulation 312 William van Caenegem PART V DESIGNS 16 A qualitative method for investigating design 332 Mark P. McKenna and Jessica Silbey 17 Re-engaging with concerns over latent design invalidity: examination and invalidation of registered Community designs at the EUIPO 347 Jane Cornwell 18 Empirical analysis of design litigation in Australia 367 Vicki Huang 19 Determination of ‘existing design’ in Chinese patent infringement disputes 386 Xianwei Zhang Index 404

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Book SynopsisReforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas. Table of ContentsContents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Séverine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors’ remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive – flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works – safeguarding authors’ and users’ rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU’s innovation policy 225 Hanns Ullrich 16 Reversing logic… 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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Book SynopsisThe regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the ‘information pollution’ of the 21st century.This book explores ways and means of protecting the ‘information environment’ by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework.By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.Trade Review‘This thoughtful and deeply analytical text examines in detail what the author, Robert Cunningham, describes as ‘the nexus between the physical environment and the information environment’ and explores the ways in which ‘environmental analytical frameworks’ might also apply to the information environment. . . IP theorists in particular, as well as environmental lawyers and academics will appreciate the insights revealed and the often new and original avenues of thought which Cunningham opens up to scrutiny as a result of his careful research. Certainly this book deserves a place in the well read practitioner’s professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Cunningham’s first title is an articulate analogy between the physical and informational environments, which provides a thorough application of ecological and environmentalist discourse to the information environment.’ -- Catherine Pocock, Queen Mary Journal of Intellectual PropertyTable of ContentsContents: 1. Information Environmentalism 2. Information Paradox and Public Goods 3. Externalities and Monopolies 4. Information Commons 5. Tragedy of (Ignoring) the Information Semicommons 6. The Social Ecology of Information Environmental Governance 7. Should the Information Commons have Standing? 8. Rational Truths, Reasonable Arguments and Rhetorical Imagination 9. Public Choice Theory and Social Production 10. Constitutional Economics and the Separation of (Economic) Power 11. Control, Alt, Delete: Towards an Information Environmental Governance Framework Index

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Book SynopsisThe drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime.IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic World adopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future.This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.Trade Review‘This is a timely and much-needed book, which provides important insights into the “what’s next?” of intellectual property on a global scale: by stressing the relationship between innovation, sustainability and global justice, this book brings to the fore the multi-faceted nature of intellectual property and the need for “fairness” to be part of the relevant ecosystem of rights and interests, as well as free spaces and the public domain.’ -- Eleonora Rosati, Stockholm University, Sweden‘Intellectual Property Rights in the Post Pandemic World offers thought-provoking, reflective, and nuanced insights into the intersection of intellectual property, sustainability, and innovation in a rapidly evolving landscape following the global pandemic. This work not only illuminates the complex terrain but also presents alternative perspectives rooted in real-world challenges. It charts a path towards a more equitable and adaptive global intellectual property landscape, compelling us to rethink, reimagine, and rebalance the intellectual property system.’ -- Althaf Marsoof, Nanyang Business School, Singapore‘This book addresses fundamental questions of intellectual property rights in the aftermath of the pandemic in a variety of contributions by an international authorship. It makes an up-to-date contribution to the current discussion on the role of intellectual property rights in the international context of sustainability, innovation and global justice.’ -- Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of LiechtensteinTable of ContentsContents: 1 Intellectual property rights in the post pandemic world: an introduction 1 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti PART I NEW PARADIGMS OF INTELLECTUAL PROPERTY RULES IN COVID-19 2 A critical appraisal of the COVID-19 TRIPS waiver 11 Peter K. Yu 3 An elusive response from developed countries to a TRIPS waiver request to address COVID-19 31 Carlos Correa and Nirmalya Syam 4 Crisis, invention, and innovation 57 Shubha Ghosh 5 Alternative IP theories 75 Hans Morten Haugen 6 Intellectual property, friendship and the pandemic: a reflection 95 Pratyush Nath Upreti PART II TRANSFORMING IP TOWARDS GLOBAL JUSTICE WITH INNOVATION AND SUSTAINABILITY 7 Rethinking intellectual property through decoloniality and other lenses 118 Yousuf A. Vawda 8 The right to research as guarantor for sustainability, innovation and justice in EU copyright law 138 Christophe Geiger and Bernd Justin Jütte 9 Trademark, privacy and data protection 170 Tianxiang He and Qingchuan Xie 10 Artificial intelligence, patents and health innovation 188 Enrico Bonadio and Magali Contardi 11 IP, medical AI and public health crisis 205 Yahong Li PART III SHAPING INTELLECTUAL PROPERTY FINANCING FOR SUSTAINABLE INNOVATION 12 Relationship and intersections between intellectual property, property (as security) and circular economy 225 Sean Thomas 13 The UNDP Accelerator Lab Network 246 Matthew Rimmer 14 The potential of follow-on innovation financing instruments to support a sustainable transition 277 Natacha Estèves, Alina Wernick and Suelen Carls 15 IPR and beyond 299 Dhanay Cadillo-Chandler, Rosa Maria Ballardini and Jouko Nuottila 16 Seeking and hiding: corporate disclosure norms, enhancing non-financial information transparency using the technology readiness level (TRL) system 319 Janice Denoncourt 17 Conclusions: towards a (new) framework of sustainability, innovation and global justice for intellectual property 348 Taina Pihlajarinne, Jukka Mähönen and Pratyush Nath Upreti Index 352

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Book SynopsisComplex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.This comprehensive Companion brings together an array of leading international experts to assess and interrogate how IP law impacts each specific SDG in turn. Providing in-depth analysis and invaluable insight, chapters explore IP’s role in ending poverty and inequality, improving food security, ensuring a sustainable environment, better regulating gene patents, and supporting health and well-being through access to medicines. This Companion deftly explores a variety of models of technology transfer and diffusion. Ultimately, the book provides a realistic overview of current progress towards the SDGs and a blueprint to reform IP institutions, agreements and laws to achieve a more sustainable future.The Elgar Companion to Intellectual Property and the Sustainable Development Goals will be an essential resource for academics, researchers, regulators and policymakers interested in the unique intersection between IP law and sustainable development. It will also prove a highly informative read for researchers specialising in development studies, as well as legal practitioners working in private law, public law, technology law, comparative law and international law.Trade Review‘Intellectual property rights have major implications for every one of the Sustainable Development Goals. This excellent interdisciplinary volume containing top-quality contributions from established IP scholars and rising stars from Global South and North offers by far the most comprehensive and diverse coverage on a vital but hugely complex field. Essential reading for all those who care about the state of Planet Earth.’ -- Uma Suthersanen, Queen Mary University of London, UK‘A thoughtful and foundational work by seasoned scholars and development practitioners, offering wide-ranging analyses of the complex role of intellectual property rights (IPRs) in economic development and human capital formation. It is a rich contribution to the global debate over the role of IP in economic, social, and cultural development, providing critical exploration of the socio-legal and policy implications of the SDGs in relation to IP norms that arguably impede welfare gains for the most vulnerable members of our global society. The volume outlines policy tools to help catalyze IPR reform and presents innovation tradeoffs that are at stake in advancing implementation of the SDGs; it presents diverse theoretical perspectives on the competing claims and demands for a global IPR system that facilitates innovation pathways supportive of human flourishing. Combining history, law, economics and political economy, the contributions in this volume collectively are analytic, informative, and compelling.’ -- Ruth L. Okediji, Harvard Law School, US‘Our common future depends urgently on prioritizing community well-being over destructive rent-seeking. Addressing this enormous challenge, this book dares us to re-align intellectual property’s purposes with each of the UN Sustainable Development Goals, hopefully to maximize the flourishing of the broadest array of living beings—and indeed of Earth itself.’ -- Margaret Chon, Seattle University School of Law, US‘The Sustainable Development Goals have become a key framework to assess the impact of national policies and international regimes. This book fills an important gap and is unique in assessing, with original research by leading scholars, intellectual property in the context of such Goals. Not only academics but policy makers will benefit from reading this book.’ -- Carlos Correa, The South Centre, SwitzerlandTable of ContentsContents: Foreword: Our Future Commons xvi Christine Milne AO Introduction: ‘The people’s agenda’: a history of intellectual property and sustainable development 1 Bita Amani, Caroline B. Ncube and Matthew Rimmer 1 Intellectual property’s role in eliminating poverty: SDG 1 37 J. Janewa Osei-Tutu 2 SDG 2: Zero hunger, food and plant-related intellectual property, and access to plant genetic resources 50 S. Ali Malik 3 The tobacco endgame: intellectual property, human rights, and sustainable development 74 Matthew Rimmer 4 SDG 3b: Patent law and access to medicines 107 Emmanuel Kolawole Oke 5 Genetic patents and the Sustainable Development Goals 124 Jorge L. Contreras 6 Copyright, access to knowledge, and SDG 4 in Southern Africa 142 Desmond Oriakhogba and Lonias Ndlovu 7 Prioritising inclusion: the nexus of disability rights, Sustainable Development Goals on education, and intellectual property interests 175 Paul Harpur and Michael Ashley Stein 8 Intellectual property and gender inequality: towards sustainable development—or sustaining the status quo? 198 Carys J. Craig 9 Intellectual property’s other: a new social–natural contract for the advancement of access to clean water and sanitation 224 Jessica C. Lai 10 Renewable energy technology and intellectual property rights: global public goods 243 Felicity Deane and Chelsea Bodimeade 11 Economic growth requires idea generators 262 Sharon K. Sandeen 12 SDG 9: Innovation, intellectual property and gender equity 281 Myra Tawfik and Marcia Valiante 13 Sustainable patent governance of artificial intelligence: recalibrating the European Patent System to foster innovation (SDG 9) 299 Guido Noto La Diega, Gabriele Cifrodelli and Artha Dermawan 14 Open prosthetics: intellectual property, 3D printing, medical innovation, and sustainable development 323 Matthew Rimmer 15 Some more equal than others: critical contexts for the (false) promises of intellectual property rights 350 Bita Amani 16 Greener cities: intellectual property and data in sustainable smart cities 376 Natasha Tusikov 17 Responsible production and consumption (SDG 12) – a new emphasis for material lifespans in intellectual property rights regulation? 398 Taina Pihlajarinne 18 SDG 13 and intellectual property rights: a complex conundrum 415 Krishna Ravi Srinivas 19 SDG 14, ocean sustainability and transfer of marine technology: the role of UNCLOS and international intellectual property law 438 Md Mahatab Uddin and Md Saiful Karim 20 Epistemic injustice: intellectual property, biodiversity and traditional knowledge 458 Daniel F. Robinson, Miri (Margaret) Raven and Simon Lumsden 21 The role of the World Intellectual Property Organization in the United Nations’ Sustainable Development Agenda 481 Faith O. Majekolagbe 22 Branding as a tool to promote geographical indication exports and sustainable development in Africa 499 Titilayo Adebola 23 Access to science, technology, and innovation: intellectual property, human rights, and sustainable development 522 Caroline B. Ncube 24 Intellectual property, foreign investment and sustainable development 537 Peter K. Yu 25 The COVID-19 crisis: intellectual property and sustainable development during the pandemic 559 Muhammad Zaheer Abbas Conclusion: ‘Blueprints for a better world’: the future of intellectual property and sustainable development 582 Bita Amani, Caroline B. Ncube and Matthew Rimmer Coda: Blue sky solutions: a transformative vision for the 2030 Agenda 611 Bita Amani, Caroline B. Ncube and Matthew Rimmer

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