Intellectual property law Books

Book SynopsisThe intersection of the intellectual property and competition laws presents uniquely complicated legal issues. The entries, from leading judges, government officials, academics, and economists, explore history, the 'new economy', and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements.Trade Review‘. . . Carrier has provided intellectual property and competition scholars and practitioners with an invaluable resource.’Table of ContentsContents: Acknowledgements Introduction Michael A. Carrier PART I HISTORY 1. Herbert Hovenkamp (2005), ‘The Conflict Between Antitrust and Intellectual Property Rights’ PART II NEW ECONOMY 2. Richard A. Posner (2001), ‘Exclusionary Practices (II): The New Economy’ 3. Robert Pitofsky (2001), ‘Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy’ PART III GLOBAL APPROACHES 4. William F. Baxter (1966), ‘Legal Restrictions on Exploitation of the Patent Monopoly: An Economic Analysis’ 5. Ward S. Bowman, Jr. (1973), ‘The Compatibility of Antitrust and Patent Law Goals’ 6. Louis Kaplow (1984), ‘The Patent-Antitrust Intersection: A Reappraisal’ 7. Michael A. Carrier (2002), ‘Unraveling the Patent-Antitrust Paradox’ PART IV SPECIFIC ACTIVITY 8. Herbert Hovenkamp, Mark D. Janis and Mark A. Lemley (2006), ‘Unilateral Refusals to License’ 9. Carl Shapiro (2000), ‘Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting’ 10. Robert P. Merges (2001), ‘Institutions for Intellectual Property Transactions: The Case of Patent Pools’ 11. Michael A. Carrier (2008), ‘Two Puzzles Resolved: Of The Schumpeter – Arrow Stalemate and Pharmaceutical Innovation Markets’ 12. Arti K. Rai (2001), ‘Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust’ 13. Mark A. Lemley (2002), ‘Intellectual Property Rights and Standard-Setting Organizations’ 14. C. Scott Hemphill (2006), ‘Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem’

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Book SynopsisThis fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. ZhangTable of ContentsContents: 1. Introduction: Indigenous Rights and Traditional Knowledge Tania Bubela and E. Richard Gold PART I: THE INTERNATIONAL LEGAL AND POLITICAL LANDSCAPE 2. WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK Associated with Genetic Resources Charles Lawson 3. A Comparative Analysis of Access and Benefits-Sharing Systems Rebecca Crookshanks and Peter W.B. Phillips 4. From Traditional Medicines to Modern Drugs Graham Dutfield PART II: CASE STUDIES Brazil 5. Property Rights, Biocultural Resources and Two Tragedies: Some Lessons from Brazil Edson Beas Rodrigues Jr Kenya 6. Old Wine in New Skin: Traditional Knowledge and Customary Law Under the Evolving Normative Environment in Kenya Kent Nnadozie India 7. Sustaining the Indigenous Knowledge Commons Ashok Kumbamu Canada 8. Canada’s First Nations’ Policies and Practices Related to Managing Traditional Knowledge Peter W.B. Phillips, Sidi Zhang, Tara Williams and Laural DeBusschere 9. Aboriginal Rights and Traditional Ecological Knowledge in Northern Canada Cherie Metcalf and Tania Bubela 10. Respecting and Aligning Knowledge Systems in Northern Canada: Beyond the International Polar Year David S. Hik, Tania Bubela and Scot Nickels PART III: CONCLUSION 11. A Capabilities-based Framework Julia Carbone Index

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Book SynopsisIn this timely title Professor Arti Rai brings together a wide range of articles that reveal the important role of intellectual property law in the formation and development of the dynamic and economically significant biotechnology industry. The collection encompasses theoretical articles that present principles of patent economics important to the industry, articles that discuss the patent law doctrines most relevant to biotechnology and empirical studies on the 'real world' effects of patents and secrecy. These are resonant issues in an ever-expanding field, and will establish this book as an essential reference point for lawyers, researchers and students.Trade Review‘Arti Rai is a wise and pithy scholar of patent jurisprudence. She is an insightful futurist of intellectual property, showing great insight about the implications of new technologies – such as information technology, biotechnology, pharmacogenomics, and synthetic biology. Arti Rai is also a lucid and persuasive advocate of the necessity for patent law reform. This authoritative and carefully researched volume will be essential reading.’ -- Matthew Rimmer, The Australian National UniversityTable of ContentsContents: Acknowledgements Introduction Arti K. Rai PART I THE LAW AND ECONOMICS OF BIOTECHNOLOGY PATENTS: FIRST PRINCIPLES A. Foundational Technologies 1. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 2. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’ B. Anti-commons 3. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anti Commons in Biomedical Research’ 4. John P. Walsh, Ashish Arora and Wesley M. Cohen (2003), ‘Working Through the Patent Problem’ 5. Fiona Murray and Scott Stern (2007), ‘Do Formal Intellectual Property Rights Hinder the Free Flow of Scientific Knowledge? An Empirical Test of the Anti-commons Hypothesis’ 6. Chris Holman (2006) ’Clearing a Path Through the Patent Thicket’ C. Patents and Industrial Organization 7. Ashish Arora and Robert P. Merges (2004), ‘Specialised Supply Firms, Property Rights and Firm Boundaries’ PART II ADDRESSING TRANSACTION COSTS: THE ROLE OF THE UTILITY REQUIREMENT 8. John M. Golden (2001), ‘Biotechnology, Technology Policy, and Patentability: Natural Products and Invention in the American System’ PART III THE ROLE OF INSTITUTIONS: BIOTECHNOLOGY PATENTS AND THE FEDERAL CIRCUIT 9. Arti K. Rai (1999), ‘Intellectual Property Rights in Biotechnology: Addressing New Technology’ 10. Dan L. Burk and Mark A. Lemley (2002), ‘Is Patent Law Technology-Specific?’ PART IV PATENTABLE SUBJECT MATTER 11. Kevin Emerson Collins (2007), ‘Propertizing Thought’ PART V EXPERIMENTAL USE 12. Janice M. Mueller (2001), ‘No ‘’Dilettante Affair’’: Rethinking the Experimental Use Exception to Patent Infringement for Biomedical Research Tools’ PART VI THE ROLE OF SECRECY AND PHYSICAL EXCLUDABILITY 13. John P. Walsh, Wesley M. Cohen and Charlene Cho (2007), ‘Where Excludability Matters: Material Versus Intellectual Property in Academic Biomedical Research’ PART VII COMMERCIALIZATION OF PUBLICLY FUNDED RESEARCH 14. Richard Jensen and Marie Thursby (2001), ‘Proofs and Prototypes for Sale: The Licensing of University Inventions’ 15. Arti K. Rai and Rebecca S. Eisenberg (2003), ‘Bayh-Dole Reform and the Progress of Biomedicine’ PART VIII INTELLECTUAL PROPERTY AND CONSUMER ACCESS 16. Robert Cook-Deegan, Subhashini Chandrasekharan and Misha Angrist (2009), ‘The Dangers of Diagnostic Monopolies’ 17. Henry G. Grabowski, David B. Ridley and Kevin A. Schulman (2007), ‘Entry and Competition in Generic Biologics’ Name Index

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

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Book SynopsisProviding new insight into the ideas surrounding one of the longest running and hotly debated governmental issues the global access to healthcare challenge Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources.The author examines if and how this theory of distribution translates into positive law and analyzes the barriers to legal compliance and global distributive justice in health. Other topics analyzed in this book include: intellectual property and international human rights, and the extent to which the philosophy and structure of each of these normative systems furthers the goal of distributing benefits equitably and globally; the use of strong and original normative landmarks to justify relying on a cosmopolitan approach to global justice based on health needs; and the social, political, economic and legal obstacles and opportunities resulting from the commercialization of the quickly evolving field of genetics. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. As such, it will be of great value to students and scholars interested in health, law, human rights and intellectual property.Trade Review‘Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues, the global access to healthcare challenge, Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. The groundbreaking analysis in Justice in Genetics offers a useful justification for engaging in a global and more equitable redistribution of health-related resources. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. It will be of great value to students and scholars interested in health, law, human rights and intellectual property.’ -- SirReadaLot.org‘This important book breaks new ground in the study of intellectual property and international human rights. It is an important contribution to the debate on how best to distribute equitably the benefits derived from genetic technologies on a global scale.’ -- Duncan Matthews, Queen Mary University of London, UK‘Edward Elgar publishers have again excelled by choosing to publish an essential book.’ -- Sally Ramage, Criminal Law NewsTable of ContentsContents: Foreword Preface Introduction Part I: A Theoretical Framework for Distribution in Health 1. Global Application of Distributive Justice: A Cosmopolitan Approach 2. An Argument for Global Distribution in Health Part II: Some Normative Tools for Distribution in Health 3. International Intellectual Property Law: A First Tool? 4. International Human Rights Law: A Second Tool? Conclusion Bibliography Index

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Book SynopsisThis insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization.Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; BibliographyTrade Review‘Intellectual Property and Antitrust is a thorough, very well written, and conceived book. In a modest 210 pages, the author brings together a deep knowledge on this complex mix of economics and law with the ability to present complicated and dense economic theory and legal reasoning in an informative and easily digestible way. With its clear focus, critical approach, wise brevity, and inclusive argument, this book will certainly provide an excellent source of reference not only for academics but also for advanced students and practitioners.’ -- Riccardo Sciaudone, Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword by Herbert Hovenkamp Introduction 1. Antitrust Law, IPRs and Economics: The Leeway for Policy Choices 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface 3. Ownership of IPRs 4. Predatory System Innovations 5. Refusals to License IPRs 6. IP Judicial and Administrative Processes 7. Conclusion Bibliography Index

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Book SynopsisThis unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights.Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and ?origin related? intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries.Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.Trade Review‘. . . an exhaustively researched and well-intentioned study.’ -- European Intellectual Property Review‘This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.’ -- Peter Drahos, The Australian National UniversityTable of ContentsContents: 1. General Introduction 2. The Protection of Traditional Cultural Expressions with Copyright 3. The Protection of Traditional Cultural Expressions with Trade Marks 4. The Protection of Traditional Cultural Expressions with Certification Marks and Collective Marks 5. Fair Trade Labelling 6. The Protection of Traditional Cultural Expressions with Geographical Indications 7. The Protection of Traditional Cultural Expressions with Passing Off and Laws Against Misrepresentation 8. Summary and Conclusions Bibliography Index

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Book SynopsisAs the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.Trade Review‘The growth of the global information economy has opened up a series of conflicts between civil society advocates on the one hand, and commercial interests seeking to expand intellectual property rights on the other. Jacqui Lipton has provided a wide-ranging and thoughtful analysis of the clash between commercial values and broader social values unfolding within the administration of the Internet domain name system. Lipton’s analysis is both rigorous and balanced, evaluating the development of the ICANN dispute resolution system and its impact on national laws, as well as considering possible future directions in the regulation of domain name rights and different dignitary interests.’ -- Jane K. Winn, University of Washington, School of Law, USTable of ContentsContents: Preface Introduction 1. Overview of Domain Name Regulation 2. Competing Trademark Interests 3. Domain Names and Free Speech 4. Personal Names in the Domain Space 5. Political, Cultural and Geographic Identifiers in the Domain Space 6. The Boundaries of Bad Faith in the Domain Space 7. Domain Name Theory 8. Conclusions Index

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Book SynopsisIn the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.Trade Review‘. . . very refreshing. . . a valuable contribution to the debate.’ -- European Intellectual Property Review‘The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy.’ -- Madhu Sahni, Journal of Intellectual Property Rights‘Gathering together essays by leading commentators, Professor Willem Grosheide’s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues.’ -- Graeme Austin, University of Arizona, USTable of ContentsContents: Preface PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS 1. General Introduction Willem Grosheide 2. Human Rights Law Status Report Cees Flinterman 3. Expansion and Convergence in Copyright Law Madeleine de Cock Buning 4. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS 5. Introduction Jerzy Koopman COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION – DIFFERING VIEWS 6. Is Copyright Fit for the 21st Century? No! Joost Smiers 7. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews 8. On Patents and Human Rights Jan Brinkhof 9. Current Patent Laws Cannot Claim the Backing of Human Rights Wendy J. Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS 10. Introduction Lucky Belder COPYRIGHT LAW AND PATENT LAW: TO ITS ENFORCEMENT – DIFFERING VIEWS 11. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown 12. Human Rights’ Limitations in Patent Law Geertrui Van Overwalle 13. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis 14. A Comment on ‘Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge’ Martin J. Adelman Index

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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 Synopsis'A historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.'- Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.'- Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancun, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change.This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation - including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyzes the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book. Contents:PrefaceIntroduction:The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and EcomaginationPart I: International Law1. The Copenhagen Accord and the Cancun Agreements: Intellectual Property, Technology Transfer, and Climate Change2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism3. Energy Poverty: The World Intellectual Property Organization and The Development AgendaPart II: Patent Law4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks5. The Toyota Prius: Hybrid Cars, and Patent Trolls6. 'Clean Energy for America, Power Up America': Patent Law and Compulsory LicensingPart III: Innovation7. Climate Innovation Centres: Patent Law and Public Sector Licensing8. The Eco-Patent Commons: Patent Pools, Clearing-Houses, and Open Innovation9. Environmental Prizes: The H-Prize, the L-Prize, and the X-PrizeConclusion: Intellectual Property and Climate LawBibliographyIndexTrade Review'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.'- Eva Hemmungs Wirten, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' - --Benjamin K. Sovacool, National University of SingaporeTable of ContentsContents: Preface Introduction: The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and Ecomagination Part I: International Law 1. The Copenhagen Accord and the Cancún Agreements: Intellectual Property, Technology Transfer, and Climate Change 2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism 3. Energy Poverty: The World Intellectual Property Organization and the Development Agenda Part II: Patent Law 4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks 5. The Toyota Prius: Hybrid Cars, and Patent Trolls 6. ‘Clean Energy for America, Power up America’: Patent Law and Compulsory Licensing Part III: Innovation 7. Climate Innovation Centres: Patent Law and Public Sector Licensing 8. The Eco-Patent Commons: Patent Pools, Clearing Houses, and Open Innovation 9. Environmental Prizes: The H-Prize, the L-Prize, and the X-Prize Conclusion: Intellectual Property and Climate Law Bibliography Index

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Book SynopsisIntellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.Trade Review‘. . . excellent and provocative. . . This is a serious, deep and thought-provoking book which is reviewed now because of the increasing importance of intellectual property today in both the EU and US.’ -- Sally Ramage, The Criminal Lawyer‘Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe.’ -- Dan L. Burk, University of California, Irvine, School of Law, USTable of ContentsContents: Intellectual Property Law: Economic and Social Justice Perspectives: Introduction Anne Flanagan and Maria Lillà Montagnani 1. Intellectual Property, Social Justice and Economic Efficiency: Insights from Law and Economics Giovanni B. Ramello 2. Copyright Default Rule: Reconciling Efficiency and Fairness Federico Morando 3. The Value of Irrationality in the IP Equation Sharon K. Sandeen 4. Protection of Cultural and Biological Diversity by Patent Law: Issues to be Resolved Jerzy Koopman 5. Ex post Liability Rules: A Solution for the Biomedical Anti-commons? Rosa Castro Bernieri 6. The Search for EU Boundaries: IPR Exercise and Enforcement as ‘Misuse’ Anne Flanagan, Federico Ghezzi and Maria Lillà Montagnani 7. The Changing Market for Music Licences: A Redefinition of Collective Interests and Competitive Dynamics Maria Mercedes Frabboni 8. Social Justice, Innovation and Antitrust Law Mariateresa Maggiolino 9. Antitrust and Consumer Protection: The New Regime on Unfair Commercial Practices Gustavo Ghidini and Valeria Falce Index

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Book SynopsisIntellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.Trade Review‘Intellectual Property and Sustainable Development is a 459-page compendium cooperatively compiled and edited book featuring informed and informative perspectives from an impressive roster of academicians and experts on a range of intellectual property issues from international case studies drawn from Africa, Asia, Central America, and the Middle East. Enhanced with an extensive bibliography and a comprehensive index, Intellectual Property and Sustainable Development is a seminal work that is especially recommended for academic, corporate, and governmental reference libraries in general, and the reading lists of policy-makers, trade negotiators, and intellectual property attorneys in particular.' -- Michael Dunford, The Midwest Book Review'This is a thought-provoking book with relevance to a broad readership, especially IP practitioners with a strong international focus.' -- Australian Intellectual Property Law BulletinTable of ContentsContents: Introduction PART I: THE NEW IP LANDSCAPE Section 1: A General Perspective 1. Rights in Basic Information Peter Jaszi Section 2: Taking up Reform 2. The Politics of Reform in Developing Countries Carolyn Deere 3. Intellectual Property Reforms in China Peter K. Yu 4. A Perspective on Reform in Arab Countries Ahmed Abdel Latif Section 3: Implications for Drug Pricing 5. A Review of the Economic Literature Keith E. Maskus PART II: POLICY CHALLENGES IN THE SOUTH Section 1: The Pharmaceutical Sector 6. The Case of the Generic Industry in India Biswajit Dhar and K.M. Gopakumar 7. TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand Jakkrit Kuanpoth 8. The Ability to Utilize TRIPS Flexibilities in Sub-Saharan African Countries Tenu Avafia, Jonathan Berger and Trudi Hartzenberg Section 2: The Protection of Life Forms and Traditional Knowledge 9. Genetic Use Restriction Technologies and Sustainable Development in Eastern and Southern Africa Patricia Kameri-Mbote and James Otieno-Odek 10. Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia Daniel Robinson Section 3: Geographical Indications 11. Indications of Geographical Origin in Asia: Legal and Policy Issues to Resolve Dwijen Rangnekar Section 4: Access to Knowledge and the Role of Research Institutes 12. Education and Access to Knowledge in Southern Africa Andrew Rens, Achal Prabhala and Dick Kawooya 13. Innovation and Public Research in Central American Countries Jorge Cabrera PART III: RESPONSES TO THE TRIPS-PLUS WORLD 14. Promoting Checks and Balances Carsten Fink 15. A Model Law for the Protection of Undisclosed Data Carlos M. Correa 16. Enforcement Provisions of EPAs Sisule F. Musungu Bibliography Index

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Book SynopsisThe enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.Table of ContentsContents: Preface PART I: THE IP ENFORCEMENT DEBATE 1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries Viviana Muñoz Tellez 2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights Xuan Li 3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights Henning Grosse Ruse-Khan 4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement Xuan Li PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT 5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina Carlos M. Correa 6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence) Joshua D. Sarnoff 7. Enforcement for Development: Why Not an Agenda for the Developing World? Hong Xue PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES 8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization Henrique Choer Moraes 9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective Yusong Chen 10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations Xuan Li and Carlos M. Correa Bibliography Index

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Book SynopsisThis invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.Trade Review‘This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law. This leads not only to a well-structured and complete overview of the area that is extremely legible, but also to a well balanced view on where policy in this area should lead us.’ -- Paul L.C. Torremans, University of Nottingham, UKTable of ContentsContents: Preface Introduction 1. Cultural Property and Restitution: The Theories of Cultural Nationalism and Cultural Internationalism 2. International Conventions 3. European Union Law 4. Other Sources of Regulation and the Role of International Organisations 5. Dispute Resolution in Cultural Property Cases 6. Evolution and Basic Trends Conclusion Bibliography Index

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Book SynopsisThe enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.Table of ContentsContents: Preface PART I: THE IP ENFORCEMENT DEBATE 1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries Viviana Muñoz Tellez 2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights Xuan Li 3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights Henning Grosse Ruse-Khan 4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement Xuan Li PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT 5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina Carlos M. Correa 6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence) Joshua D. Sarnoff 7. Enforcement for Development: Why Not an Agenda for the Developing World? Hong Xue PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES 8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization Henrique Choer Moraes 9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective Yusong Chen 10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations Xuan Li and Carlos M. Correa Bibliography Index

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Book SynopsisIndia's 2005 adoption of a TRIPS-consistent patent regime will reveal whether Indian generic pharmaceuticals companies will continue to supply essential drugs for developing nations such as Thailand, who are reliant on India for the supply of cheap medicines. Patent Rights in Pharmaceuticals in Developing Countries investigates the public policy and public health implications of pharmaceutical patenting in countries such as India and Thailand. The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area. Broadly accessible, the work will appeal to advanced undergraduate and postgraduate students, as well as researchers and academics in fields such as intellectual property law, public health, industrial economics, development studies and political science. National policymakers and government officials, as well as professionals based in international organizations and pharmaceutical industries, will also find this exciting work of great interest.Trade Review‘Dr Kuanpoth’s book is an erudite and constructive contribution to the debate on patents and public health. The book’s focus on India and Thailand, both of which have sought actively to balance patent rights with public health goals, provides some valuable findings that should lead to more sensitive intellectual property policymaking in the developing and developed worlds.’ -- Graham Dutfield, University of Leeds, UKTable of ContentsContents: Introduction 1. Patent System Overview 2. Patents and their International Application 3. Patent Rules and Procedures: Indian Law 4. Patent Rules and Procedures: Thai Law 5. Patent Protection for Pharmaceuticals: The Case of India 6. Patent Protection for Pharmaceuticals: The Case of Thailand 7. Patents and Access to Essential Medicines 8. Comparative Analysis Bibliography Index

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Book SynopsisIntellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines - economic geography, health law, business, philosophy, history, public health, management - examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems.Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.Trade Review'. . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation.' -- Ralf Uhrich, Journal of Intellectual Property'This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners.' -- Calestous Juma, Harvard University, USTable of ContentsContents: Introduction David Castle PART I: INTELLECTUAL PROPERTY RIGHTS IN INNOVATION SYSTEMS 1. Introduction David Castle 1. Are Intellectual Property Rights Quanta of Innovation? J. Adam Holbrook 2. Intellectual Property Rights and Innovation Systems: Issues for Governance in a Global Context Bjørn Asheim, Finn Valentin and Christian Zeller 3. Intellectual Property Rights Policy for Gene-Related Inventions – Toward Optimum Balance Between Public and Private Ownership Koichi Sumikura PART II: INTELLECTUAL PROPERTY MANAGEMENT IN BIOTECHNOLOGY Introduction Karen L. Durell 4. Fundamentals of Intellectual Property Management Patrick H. Sullivan 5. Making a Return on R&D: A Business Perspective Sharon Oriel 6. Looking Beyond the Firm: Intellectual Asset Management and Biotechnology Karen L. Durell and E. Richard Gold PART III: INTELLECTUAL PROPERTY RIGHTS IN RELATION TO OTHER MEASURES OF INNOVATION Introduction L. Martin Cloutier and David Castle 7. Increasing Internal Value from Patents: The Role of Organizational Arrangements Marc Ingham, Cecile Ayerbe, Emmanuel Métais and Liliana Mitkova 8. Language System (LS) 3.0: An Agenda for a Model of Innovation Valuation Clinton W. Francis 9. Measurement of Innovation and Intellectual Property Management: Challenging Processes L. Martin Cloutier and Susanne Sirois PART IV: BEYOND PATENT LENGTH Introduction Amy J. Glass and Fabricio X. Nunez 10. Open Development: Is the ‘Open Source’ Analogy Relevant to Biotechnology? Alan G. Isaac and Walter G. Park 11. On the Border: Biotechnology, the Scope of Intellectual Property and the Dissemination of Scientific Benefits Christopher May 12. On the Comparative Institutional Economics of Intellectual Property in Biotechnology F. Scott Kieff PART V: INNOVATION GOVERNANCE Introduction Tania Bubela 13. Accessibility of Biological Data: A Role for the European Database Right? Jasper A. Bovenberg 14. Biotechnology Patents, Public Trust and Patent Pools: The Need for Governance? Timothy Caulfield 15. Agricultural Biotechnology and Trends in the Intellectual Property Rights Regime: Emerging Challenges for Developing Countries Sachin Chaturvedi PART VI: NATIONAL, INTERNATIONAL AND HISTORICAL COMPARISONS Introduction Abdallah S. Daar and David Castle 16. The Role of Intellectual Property Rights in Biotechnology Innovation: National and International Comparisons Richard Y. Boadi 17. Intellectual Property, Information and Divergences in Economic Development – Institutional Patterns and Outcomes circa 1421–2000 Ian Inkster 18. Watch What You Export: The History of Medical Exceptions from Patentability Tina Piper Index

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Book SynopsisChina's Creative Industries explores the role of new technologies, globalization and higher levels of connectivity in re-defining relationships between `producers' and `consumers' in 21st century China. The evolution of new business models, the impact of state regulation, the rise of entrepreneurial consumers and the role of intellectual property rights are traced through China's film, music and fashion industries. The book argues that social network markets, consumer entrepreneurship and business model evolution are driving forces in the production and commercialization of cultural commodities. In doing so it raises important questions about copyright's role in the business of culture, particularly in a digital age. With a specially commissioned foreword by John Hartley, this insightful book will appeal to post-graduate students and academic researchers in China and Asian studies, intellectual property, cultural studies, film, music and fashion studies, cultural economics and innovation management. People working in the creative industries with an interest in devising strategies for expansion into the Chinese market, as well as people working in the creative industries outside China with an interest in developing successful digital strategies, will also find much to interest them in this book.Trade Review‘Other than the obvious disciplines of economics, politics, sociology, media and cultural studies, students and academics studying China and Asian studies, law, film, music and fashion studies, business and management will all find something of interest and use in this delightful book. Further, this book is highly recommended to anyone who wishes to begin to understand some of the most significant transformations in law, business, art and the digital world taking place all around us, via Montgomery’s scrutiny of three “creative industries” in China. She is truly an interdisciplinary scholar who is capable of putting together a complex jigsaw puzzle in a most imaginative and informative manner.’ -- Herb Thompson, Journal of Contemporary Asia‘China’s Creative Industries provides a coherent argument with real drive and purpose. It advances our theoretical and conceptual understanding of the creative industries, of intellectual property, and why these things need to be thought about differently. It shows why China is important to the overall situation and not just a regional application. I really like the build-up of concepts, from “entrepreneurial governmentality” and the ‘entrepreneurial consumer’ to a reworked notion of intellectual property that applies not only to China. Whether you’re interested in economic, cultural, technological, Chinese or copyright issues, I commend China’s Creative Industries to your attention. As Montgomery demonstrates, the problem of indeterminacy in how we understand the creative industries that I have tried to elaborate above - the question “Whose creative industries?” - does have one emergent but clear answer: China’s creative industries.’ -- From the foreword by John Hartley, AM, Australian Research Council (ARC), Federation Fellow and Research Director of the ARC Centre of Excellence for Creative Industries and Innovation, Queensland University of Technology, Australia‘Digital economy policy for the creative industries is framed too commonly in terms of refining and strengthening intellectual property rights. As digitalization grows in scope and importance, Lucy Montgomery’s intriguing book shows how the limitations of this narrow approach have become all too apparent, as China’s creative industries are thriving in an ever increasing digital global society because (and not despite) of the fact that their businesses, innovations, skills and markets have grown up with weak copyright enforcement regimes.’ -- Birgitte Andersen, Birkbeck College, University of London, UK‘Lucy Montgomery brings together thought-provoking insights into China’s cultural and creative sectors, notably the shift from official culture to entrepreneurial consumers, the relative unimportance of copyright compared to Western economies, and the need for us to understand evolutionary economics. The result is a new model of China’s online networks as a public source of cultural products. Her book should be required reading everywhere that wants to understand what is happening in China.’ -- John Howkins, City University, London, Howkins & Associates, Shanghai and author of Creative EcologiesTable of ContentsContents: Foreword: Whose Creative Industries? by John Hartley 1. Introduction: From Governance to Entrepreneurial Consumers 2. Dynamics of Power: From State to Consumer 3. China’s Film Industry: Tension and Transformation 4. China’s Music Industry: Space to Grow 5. Fashion and Consumer Entrepreneurs 6. Does Weaker Copyright Mean Stronger Creative Industries 7. Conclusion: Transition Phase or a Sign of Things to Come? References Index

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Book SynopsisWhile franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs.This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.Table of ContentsContents: Foreword by Andrew Terry Introduction: The Regulation of Franchising in the New Global Economy 1. Reconceiving Regulation 2. The Market Interaction as Private Regulation 3. The Contract as Private Regulation 4. Purpose and Scope of Franchise-specific Regulation and the UNIDROIT Model Law 5. Worldwide Survey of Franchise-specific Regulation 6. Summary of Trends in Franchise-specific Legislation 7. Legislation Impacting Upon Negotiation and Formation of Franchise Contracts 8. Legislation Impacting Upon the Performance of and Exit from the Agreement 9. Future Directions for the Regulation of Franchising Appendix 1: Franchise Legislation Worldwide Appendix 2: Content of Disclosure Index

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Book SynopsisThis well-researched and highly topical book analyzes whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development. The expert contributors explore the legal tools that are available to adjust IP protection to different needs and circumstances and how much flexibility exists to employ these tools. In providing answers to these and other similar questions, the book helps to resolve the fundamental question of whether one size can really fit all in the domestic and international context. Uncovering the general matrix of IP, The Structure of Intellectual Property Law will appeal to researchers in law, economics and business, students in intellectual property, competition law and economics, as well as practitioners and policy makers.Contributors include: M. Barczewski, M. Brown, M. Carroll, A. Christie, K. Crews, G. Dinwoodie, S. Enchelmaier, C. Geiger, H. Grosse Ruse-Khan, A. Ohly, R.J.R. Peritz, U. Petrusson, A. Peukert, C. Schmidt, M. Senftleben, J. ZajadloTrade ReviewIn 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law. Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. - Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. --- William Cornish, Cambridge University, UKTable of ContentsContents: Foreword Introduction PART I: THE GENERAL FRAMEWORK: FOUNDATION AND LIMITS OF IP PROTECTION 1. Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property Law Graeme B. Dinwoodie 2. A Framework for Tailoring Intellectual Property Rights Michael W. Carroll 3. Patents and Progress: The Economics of Patent Monopoly and Free Access: Where Do We Go From Here? Rudolph J.R. Peritz 4. Comment: Some Economic Considerations Regarding Optimal Intellectual Property Protection Claudia Schmidt 5. Patents and Open Access in the Knowledge Economy Ulf Petrusson 6. Free Access, Including Freedom to Imitate, as a Legal Principle – A Forgotten Concept? Ansgar Ohly PART II: FINETUNING THE SCOPE OF PROTECTION: LIMITATIONS AND EXCEPTIONS 7. Maximising Permissible Exceptions to Intellectual Property Rights Andrew F. Christie 8. Overprotection and Protection Overlaps in Intellectual Property Law – the Need for Horizontal Fair Use Defences Martin Senftleben 9. Intellectual Property and Technology – Looking for the Twelfth Camel? Maciej Barczewski and Jerzy Zajadlo PART III: IP RIGHTS AS OBJECTS OF PROPERTY 10. Individual, Multiple and Collective Ownership of Intellectual Property Rights – Which Impact on Exclusivity? Alexander Peukert 11. Proprietary Transactions in Intellectual Property in England and Germany: Transfer of Ownership, Licensing, and Charging Stefan Enchelmaier 12. Control of Museum Art Images: The Reach and Limits of Copyright and Licensing Kenneth D. Crews and Melissa A. Brown PART IV: INTERNATIONAL IP LAW: ONE SIZE DOES NOT FIT ALL 13. Exploring the Flexibilities of the TRIPS Agreement’s Provisions on Limitations and Exceptions Christophe Geiger 14. The Concept of Sustainable Development in International IP Law – New Approaches from EU Economic Partnership Agreements? Henning Grosse Ruse-Khan Index

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Book SynopsisCreativity, Law and Entrepreneurship addresses the relationship between law (institutions and regulations) and entrepreneurship (human activity with the aim of creating something new). Human activity is the essence of entrepreneurship. What unites law and creativity, work and play, is their shared origins in this activity. In this book, a varied group of scholars examine the building blocks of entrepreneurship by not only addressing the legal institutions that might regulate and promote enterprise, but by also exploring the very idea of creativity. The contributions to this volume provide a set of guideposts for understanding the connections among law, markets and human activities. They include chapters on: empirical evidence about creativity in the realm of patent, copyright, and trademark; exploration of our understanding of the transition from physical work to the mental work of inventing and creating and; examination of the legal process of patenting, contracting and transacting more generally. Collectively, the book explores the meanings and functions of creativity, and the role of law and legal institutions in promoting and sustaining entrepreneurial activity.Scholars, students and practitioners in entrepreneurship, law and the wide range of fields that are interested in, and benefit from, creative human activity will find this volume illuminating.Contributors include: M.M. Carpenter, D.R. Desai, S. Ghosh, S.J.H. Graham, C.B. Graber, R.S. Gruner, D. Halbert, S.A. Hetcher, M.J. Madison, R.P. Malloy, S.M. O Connor, T. SichelmanTable of ContentsContents: Preface Anne S. Miner 1. Introduction: Can We Incentivize Creativity and Entrepreneurship? Shubha Ghosh 2. Real Estate Transactions and Entrepreneurship Robin Paul Malloy 3. Creativity and Craft Michael J. Madison 4. ‘Will Work’: The Role of Intellectual Property in Transitional Economies – From Coal to Content Megan M. Carpenter 5. Transforming the Chicago School Approach to Creativity in Copyright Steven A. Hetcher 6. The Central Role of Law as a Meta Method in Creativity and Entrepreneurship Sean M. O’Connor 7. Individual Branding: How the Rise of Individual Creation and Distribution of Cultural Products Confuses the Intellectual Property System Deven R. Desai 8. Creativity Without Copyright: Anarchist Publishers and their Approaches to Copyright Protection Debora Halbert 9. Patenting by High Technology Entrepreneurs Stuart J.H. Graham and Ted Sichelman 10. The Evolution of Collaborative Invention at a Distance: Evidence from the Patent Record Richard S. Gruner 11. Institutionalization of Creativity in Traditional Societies and in International Trade Law Christoph B. Graber Index

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Book SynopsisBeyond Intellectual Property explores the many means by which information is protected. Based on thorough empirical research in the US and Europe as well as practical experience of economic innovation, it goes far beyond the traditional realm of intellectual property (IP). It also identifies the need for urgent reform of present arrangements and suggests practical ways of achieving this.New instruments for protecting investment in information have been historically important for initiating long-wave economic cycles. William Kingston argues that although IP has been one such method, it is increasingly proving ineffective because its laws have been progressively shaped by the interests that benefit from them, rather than by visions of the public good. He demonstrates that repair will require such visions, which would also underwrite radically new forms of information protection.This insightful book defines, describes and distinguishes between information, knowledge and meaning, and explains why information now needs changed forms of legal protection if it is to be of genuine economic value. As such, it will be of great interest to economic policy-makers, students of IP and innovation, patent agents and attorneys.Trade Review‘. . . this is an enjoyable and thought-provoking review of the challenges surrounding market intervention to provide monopolies for information. Because it draws on a lengthy period of study and thoughtful reflection acquired during Kingston’s lengthy career, it provides even a well-informed reader with new information and insights.’ -- Hazel V.J. Moir, Prometheus‘Bill Kingston. . . with decades of publishing one insightful analysis after another. He has done it again. The book is interesting because it traces the history of information protection, and the semantics of information, across the centuries, in what I characterize as a free-flowing approach, which makes reading this particular history much more enjoyable. He reviews the troubles all branches of IP have had dealing with information, and near the end reviews some of the solutions.’ -- PATNEWS‘For all those who are interested in and concerned about the future of IP, this book is required reading.’ -- European Intellectual Property ReviewTable of ContentsContents: Preface 1. Information, Property Rights and Innovation 2. The Most-used Information Protection Means: Capability and Marketing 3. Protecting Disembodied Information: ‘Intellectual Property’ 4. International Information Protection 5. Information Protection and Visions of the Public Good 6. How Interests Came to Shape Information Protection 7. Rescuing a Dysfunctional System 8. Compulsory Arbitration for Dispute Resolution 9. Better Measurement for Information Protection 10. Protecting the Information of Smaller Firms 11. Direct Protection of Innovation 12. Epilogue: Must Interests Prevail? Index

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Book SynopsisOver the last few decades the exchange of goods and services between the industrialised countries and China has increased rapidly. It has become one of the main sources of growth both in Europe and the US. As a consequence, intellectual property (IP) rights have inevitably become crucial for free and undistorted trade. The creation and protection of patents, trade marks and industrial designs is now one of the main areas both of consultation and cross-border litigation and arbitration. In order to help practitioners and their staff to understand and use English and Chinese IP terms correctly, this dictionary provides a glossary of about 2400 terms giving the meaning in English and Chinese both in Chinese characters and Pinyin transcription. A detailed introduction facilitates search by radicals. An annex shows in bilingual form the most relevant forms, cover sheets, statutes etc.

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Book SynopsisThis book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of products, rules and regulations about these products. Where existing research in the field has tended to focus on potential social harm, Koepsell takes a different approach by looking at ways in which developments in distributed design and fabrication can be harnessed to enable wealth creation by those with good ideas but no access to capital. He argues that the key challenge facing us is the error implicit in current intellectual property regimes and presents new modes of relating inventors to artifacts in this new context. In conclusion he offers contractual models which he believes encourage innovation in nano-media by embracing open source and alternative means of protection for innovators.Table of ContentsLet's Get Small; Nanotechnology and the Future; Nano-Present; Laws, Rules and Regulations; Things in Themselves: Objects, Ideas and Intentions; Authorship and Artifacts; Economics, Surpluses and Justice; Nanotech Nightmares; The Final Convergence

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Book SynopsisThis important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment. This book will strongly appeal to intellectual property rights policy makers, legal practitioners, academics and students.Trade Review‘. . . this timely work of reference and research presents a thorough, scholarly and certainly readable examination of this newly enacted worldwide initiative, which has been signed by almost 40 nations footnoted in the book’s appendix, which contains the text of the ACTA itself. . . This important book should be required reading for all IP practitioners, academics, students and policy makers concerned with the protection and enforcement of intellectual property rights. Extensively footnoted, with a detailed index at the back, this impressively analytical volume opens up any number of avenues for further research.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Professor Blakeney has written a detailed work on the current state of international enforcement of intellectual property rights. Using the background to, and the negotiation of, the Anti-Counterfeiting Trade Agreement, as well as the provisions of the ACTA itself, the book is a mine of information and analysis. Professor Blakeney’s long experience of work on the laws and practice of IPR enforcement as a right-holder, an administrator, and as an academic and researcher, are second to none and it shows in this all-encompassing work.’ -- John Anderson, Global Anti-Counterfeiting NetworkTable of ContentsContents: Preface 1. Impacts of Counterfeiting and Piracy 2. Negotiating ACTA 3. Preamble 4. Initial Provisions and Definitions 5. Legal Framework 6. Civil Enforcement 7. Border Measures 8. Criminal Enforcement 9. Confiscation 10. Enforcement in the Digital Environment 11. Enforcement Practices 12. International Cooperation 13. Institutional Arrangements 14. Final Provisions Appendix: Anti-Counterfeiting Trade Agreement Index

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Book SynopsisWritten by some of China's leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China's Supreme People's Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China's position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R. Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X. Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J. Zhipei, L. ZumingTrade Review’Studies in this book consider the changing role of intellectual property and technology laws in the country, discussing the transition points experienced in China's economy and considering the legal and political challenges it faces. Some of China's leading academic experts contribute in-depth articles in this first review to appear in English, making this a 'must' for any college-level international legal studies library.’ -- Midwest Book Review’This excellent volume offers much to learn from. . . The book is extensively and meticulously footnoted and contains the research tools one would expect from works of this stature, including a thought provoking introduction, detailed index and table of contents. . . the book is a rich resource of rather fascinating legal, historical and socio-economic insights into IP from the Chinese perspective. . . this volume should be added to any well stocked professional library.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine’In summary, the editor and contributors have acquired a convincing balance between comprehensiveness and the ambition to highlight certain China-specific areas. The book is not confined to outlining specific IP laws per se but it also includes neighbouring, sometimes conflicting areas of law. Its distinctive feature is that it sheds light on intellectual property and technology laws and practice from different angles. For instance, it does not only inform the reader about the immediate copyright provisions but also about the potential application of antitrust law to abusive exercise, telecommunications provisions which, inter alia, regulate under which circumstances a copyright protected content may be traded on the internet, the contractual provisions which are applicable, e.g. to click-wrap contracts, as well as the enforcement practice in special administrations and courts. Moreover, it introduces the reader to domestic and international policy issues, including China's position on the international stage and the motives behind domestic regulations. On the whole, this book provides valuable enrichment to the available literature on Chinese IP. It is highly recommended to a readership composed of both practitioners and academics alike.’ -- Peter Ganea, China-EU Law JournalTable of ContentsContents: Foreword Jiang Zhipei 1. Introduction Rohan Kariyawasam 2. Patents Guo He 3. Trademarks Li Zuming 4. Copyright Protection in China Li Yufeng 5. Unfair Competition/Trade Secrets (1) Hu Kaizhong 6. Unfair Competition/Trade Secrets/Know-how (2) Liu Xiaohai 7. Protection of Intellectual Property in Hong Kong Michael Pendleton 8. Copyright Protection under the Network Environment Liu Chuntian 9. Computer Software, Information Technology and e-Commerce (1) Zhang Ping and Meng Zhaoping 10. Chinese e-Commerce (2) and Legal Environment Cong Lixian 11. Anti Monopoly Law Huang Young and Zhang Zhe 12. Intellectual Property Protection and Competition Law Xu Shiying 13. China in the WTO: Enforcement of the TRIPS Agreement and the Doha Agenda Kong Qingjiang 14. Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC) Jack Chang 15. Telecommunications and the Internet Rohan Kariyawasam Index

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Book SynopsisThis important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law – particularly in relation to international trade regimes – is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today’s IP mechanisms are operating. The overall aim is to find an adequate response to the ‘IP balance dilemma’. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.Trade Review‘This book is essential reading for anyone interested in intellectual property, global trade, international law, human rights, development, and competition. While many have lamented the impact of the TRIPS Agreement on the creative environment and social welfare, the heart of the volume is a deeply thoughtful, well-considered proposal for modifying the Agreement. The lead-up is equally compelling: essays by renowned experts describing the substantive, procedural, and institutional problems encountered post-TRIPS and an examination of socially responsible ways to promote innovation.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘This book culminates Professor Annette Kur’s longtime engagement in critique and reform of dominant IP patterns. Throughout several authoritative essays - many by Professor Kur herself - the book provides a comprehensive and in-depth overview of the ever growing academic efforts which, at an international level, struggle to reshape IP law paradigms in tune with the enhancement of public goods and interests – even beyond the mere perspective of IP law’s intersections with competition and consumer welfare in strict sense. This work constitutes a “must” for all those who, at any level of function and responsibility, engage in overcoming an historic unbalance that has so far basically precluded an adequate reconciliation of IP law with fundamental societal needs.’ -- Gustavo Ghidini, University of Milano, and LUISS University, Rome, ItalyTable of ContentsContents: Preface PART I: BACKGROUND 1. The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS Agreement Marianne Levin 2. Spotlight on China: Piracy, Enforcement, and the Balance Dilemma in Intellectual Property Law Andrea Wechsler 3. The WTO Dispute Settlement System and the Evolution of International IP Law: An Institutional Perspective Antonina Bakardjieva Engelbrekt 4. Assessing the Need for a General Public Interest Exception in the TRIPS Agreement Henning Grosse Ruse-Khan 5. Limitations and Exceptions Under the Three-Step-Test – How Much Room to Walk the Middle Ground? Annette Kur 6. TRIPS and Human Rights Frantzeska Papadopoulou 7. Fire and Water Make Steam – Redefining the Role of Competition Law in TRIPS Jens Schovsbo 8. Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property Protection Annette Kur and Henning Grosse Ruse-Khan 9. Expropriation or Fair Game for All? The Gradual Dismantling of the IP Exclusivity Paradigm Annette Kur and Jens Schovsbo PART II: PROPOSED AMENDMENTS TO TRIPS Proposed Amended Text (Synopsis) Explanatory Memorandum Index

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Book SynopsisThis up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law. Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzman, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. WatanabeTrade Review‘. . . this book will appeal strongly to a wide range of professionals, academics and students with interest in and involvement in public health issues worldwide, specifically the pharmaceutical industry. . . the book is timely, topical, and packed with carefully researched information which puts a number of major issues relating to pharmaceuticals in perspective. Of great value to researchers are the copious footnotes and extensive bibliographies which follow most of the articles. . . this book certainly provides you with an impressive mine of information if you find yourself having to argue your corner on any number of legal, economic and ethical issues in this complex field of study.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.’ -- Carlos Correa, University of Buenos Aires, Argentina‘This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume’s editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.’ -- Duncan Matthews, Queen Mary, University of London, UKTable of ContentsContents: 1. Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha 2. Pharmaceutical Production and Access to Essential Medicines in South Africa Heinz Klug 3. Intellectual Property and Access to Medicines: Paradoxes in Moroccan Policy Gaëlle Krikorian 4. The Invisible Threat: Trade, Intellectual Property, and Pharmaceutical Regulations in Colombia Tatiana Andia 5. The Challenges of Constructing Pharmaceutical Capabilities and Promoting Access to Medicines in Mexico under TRIPS Alenka Guzmán 6. Corporate Power and State Resistance: Brazil’s Use of TRIPS Flexibilities for its National AIDS Program Matthew Flynn 7. The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Policies Kenneth C. Shadlen 8. Pharmaceutical Patent Policy in Developing Countries: Learning from the Canadian Experience Jean-Frédéric Morin and Mélanie Bourassa Forcier 9. Access to Indian Generic Drugs: Emerging Issues N. Lalitha 10. Sufficient but Expensive Drugs: A Double-Track System that Facilitated Supply Capability in China Mariko Watanabe and Luwen Shi 11. Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country Samira Guennif 12. The TRIPS Agreement and Health Innovation in Bangladesh Padmashree Gehl Sampath Index

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Book SynopsisThis important research Handbook brings together a set of illuminating works by the field's leading scholars to comprise one of the broadest and most far-reaching overviews of trademark law issues. Organized around three areas of inquiry, the book starts by offering a rich variety of methodological perspectives on trademark law. Reflecting the multifaceted nature of contemporary trademarks, contributors have drawn from law and economics, political science, semiotic theory, and history. The Handbook goes on to survey trademark law's international landscape, addressing indigenous cultural property, human rights issues, the free movement of goods, and the role of substantive harmonization. It concludes with a series of forward-looking perspectives, which focus on trademark law's intersection with the laws of advertising and free speech, copyright law, cyberspace regulation, and design protection.Discussing critical future issues regarding trademark protection and its relationship with other social policies, this Handbook will be of great interest to legal scholars, trademark lawyers and law students. It will also be of interest to academics in marketing, business, consumer psychology, and economicsTrade Review‘Trademark Law and Theory brings together a global collection of 19 highly-respected scholars and is an excellent resource for practitioners, students, and trademark scholars alike. . . Trademark Law and Theory provides the reader with an excellent overview of the threads of current trademark law scholarship.' -- Leah Chan Grinvald, The IP Law Book Review'Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that "no book can be all things to all men". Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . .' -- Odette Hutchinson, Communications Law'Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly "contemporary" and is highly theoretical and doctrinal in character, while the interesting choice of the word "handbook" suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover.' -- Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review'Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions.' -- Robert Denicola, University of Nebraska, USTable of ContentsContents: Introduction PART I: METHODOLOGICAL PERSPECTIVES 1. From Communication to Thing: Historical Aspects of the Conceptualisation of Trade Marks as Property Lionel Bently 2. The Semiotic Account of Trademark Doctrine and Trademark Culture Barton Beebe 3. A Search-Costs Theory of Limiting Doctrines in Trademark Law Stacey L. Dogan and Mark A. Lemley 4. Trade Mark Bureaucracies Robert Burrell 5. The Political Economy of Trademark Dilution Clarisa Long PART II: INTERNATIONAL AND COMPARATIVE DIMENSIONS 6. Fundamental Concerns in the Harmonization of (European) Trademark Law Annette Kur 7. Substantive Trademark Law Harmonization: On the Emerging Coherence Between the Jurisprudence of the WTO Appellate Body and the European Court of Justice Gail E. Evans 8. The Free Movement (or not) of Trademark Protected Goods in Europe Thomas Hays 9. The Trademark Law Provisions of Bilateral Free Trade Agreements Burton Ong PART III: CRITICAL ISSUES A. Trademarks and Speech 10. Reconciling Trademark Rights and Expressive Values: How to Stop Worrying and Learn to Love Ambiguity Rochelle Cooper Dreyfuss 11. Truth and Advertising: The Lanham Act and Commercial Speech Doctrine Rebecca Tushnet 12. Restricting Allusion to Trade Marks: A New Justification Michael Spence B. Limiting the Scope of Trademark Rights 13. Protecting the Common: Delineating a Public Domain in Trade Mark Law Jennifer Davis 14. Tolerating Confusion About Confusion: Trademark Policies and Fair Use Graeme W. Austin 15. Online Word of Mouth and its Implications for Trademark Law Eric Goldman C. Trademarks and Traditional Knowledge 16. Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights Susy Frankel 17. Culture, Traditional Knowledge and Trademarks: A View from the South Coenraad Visser D. The Edges of Trademark Protection 18. Of Mutant Copyrights, Mangled Trademarks, and Barbie’s Beneficence: The Influence of Copyright on Trademark Law Jane C. Ginsburg 19. Signs, Surfaces, Shapes and Structures – The Protection of Product Design Under Trade Mark Law Alison Firth Index

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Book SynopsisThis comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.Trade Review'The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.' -- Ioannis Lianos, World Competition'Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.' -- Madhu Sahni, Journal of Intellectual Property Rights'This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.' -- IPKAT'Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' -- Marianne Levin, Stockholm University, SwedenTable of ContentsContents: Preface PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach Olav Kolstad 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? Josef Drexl 3. The Contestability of IP-Protected Markets Andreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network Standards Mark-Oliver Mackenrodt PART II: CONTRACTUAL ARRANGEMENTS 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing Steve Anderman 6. Patent Pools – Policy and Problems Hanns Ullrich 7. The Competitive Effects of Patent Field-of-Use Licences Mark R. Patterson 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Junko Shibata PART III: UNILATERAL RESTRAINTS 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches Beatriz Conde Gallego 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis Clifford A. Jones 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Warren S. Grimes PART IV: MERGER CONTROL 12. New Technologies and Mergers Josef Bejček PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion Annette Kur 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? Gustavo Ghidini and Emanuela Arezzo 15. Development of the Economics of Coypright Christian Handke, Paul Stepan and Ruth Towse PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION 16. Intellectual Property, the Internal Market and Competition Law Stefan Enchelmaier 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? Ole-Andreas Rognstad 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Robert D. Anderson Index

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Book SynopsisThe book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries.Tu Thanh Nguyen argues that technology transfer-related competition law should be ‘glocalized’ appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances.Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.Trade Review‘The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners.’ -- European Intellectual Property Review‘This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book’s unique contribution is a set of comparative case studies on this complex interface.’ -- D. Daniel Sokol, University of Florida. Levin College of Law, USTable of ContentsContents: Preface 1. Technology Transfer and Competition Rules Under the TRIPS Agreement 2. Application of Competition Law to Technology Transfer in Developed Countries – US and EU Perspectives 3. Application of Competition Law to Technology Transfer in Developing Countries 4. Prospects of Technology Transfer-Related Competition Law in a Global Context 5. Implications for Developing Countries Bibliography Index

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Book SynopsisThis wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels. Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law. Contributors: C.M. Correa, J. Drexl, C. Geiger, D. Gervais, J. Gibson, J. Griffiths, H. Grosse Ruse-Khan, R.M. Hilty, H.-G. Koch, D. Lefranc, D. Matthews, T. Mylly, A. Ohly, A. Peukert, M.R. Roudaut, J. Schmidt-Szalewski, A. Wechsler, G. Westkamp, P.K. YuTrade Review’The first truly systematic analysis of the upsurge in criminal enforcement of intellectual property rights, this book offers a scholarly examination of the justifications for this approach, including claims regarding the involvement organized crime, heavy revenue losses, corruption, and safety risks. Legal, economic, prosecutorial, and historical perspectives are brought to bear on such issues as the comparative goals of criminal and intellectual property law, as well as the impact of criminalization on innovation, health, consumer protection, and global trade.’ -- Rochelle Dreyfuss, New York University, School of Law, US’This useful collection will repay careful reading by those involved in IPR policy formulation as well as by all IPR scholars.’’ -- Michael Blakeney, European Intellectual Property Review’Table of ContentsContents: Introduction Christophe Geiger PART I: COUNTERFEITING: A SOCIETY ISSUE 1. Economic, Legal and Social Impacts of Counterfeiting Reto M. Hilty 2. Counterfeiting and Consumer Protection Ansgar Ohly 3. Counterfeiting and Public Health Duncan Matthews 4. Anti-counterfeiting: A Trojan Horse for Expanding Intellectual Property Protection in Developing Countries? Carlos M. Correa 5. From Sweatshops to Organized Crime: The New Face of Counterfeiting Mickaël R. Roudaut PART II: COUNTERFEITING: FINDING THE RIGHT REMEDIES Section 1. Cross-disciplinary Perspectives on Criminal Enforcement: Historical, Economic and Psychological Aspects 6. Historical Perspective on Criminal Enforcement David Lefranc 7. Criminal Enforcement of Intellectual Property Law: An Economic Approach Andrea Wechsler 8. Why do ‘Good People’ Disregard Copyright on the Internet? Alexander Peukert Section 2. The Legal Framework of Criminal Enforcement 9. Criminal Enforcement and International IP Law Henning Grosse Ruse-Khan 10. Criminal Liability for Intellectual Property Infringement in Europe: The Role of Fundamental Rights Jonathan Griffiths 11. Criminal Enforcement and European Union Law Tuomas Mylly 12. The Directive Proposal on Criminal Sanctions Johanna Gibson Section 3. National Experiences on Criminal Enforcement 13. Criminal Enforcement in the US and Canada Daniel Gervais 14. Shaping Chinese Criminal Enforcement Norms through the TRIPS Agreement Peter K. Yu 15. Criminalizing IP Use in the UK: From Trademark Use to Illicit Downloads Guido Westkamp 16. The French Case: Comparison of the Past, Present and Future of Criminal Law Joanna Schmidt-Szalewski PART III: COUNTERFEITING AND CRIMINAL ENFORCEMENT: SELECTED ISSUES 17. Strategies Against Counterfeiting of Drugs: A Comparative Criminal Law Study Hans-Georg Koch 18. Counterfeiting and the Spare Parts Issue Josef Drexl 19. Counterfeiting and the Music Industry: Towards a Criminalization of End Users? The French ‘HADOPI’ Example Christophe Geiger Index

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Book SynopsisThis unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law - such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 - while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges - such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects - such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK, and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy makers, legal practitioners, business managers, inventors, scientists, and researchers. Contributors include: A. Agovic, A. Bostanci, J. Calvert, G. Dutfield, D.M. Gitter, R. Gold, F. Hemmings, E. Hemmungs Wirten, S. Holcombe, T. Janke, P.-B. Joly, Y. Joly, A. McLennan, D. Nicol, M. Rimmer, J.D. SarnoffTable of ContentsContents: Preface Introduction: Inventing Life: Intellectual Property and the New Biology Alison McLennan and Matthew Rimmer PART I: A HISTORY OF BIODISCOVERY 1. Of Plants, Pills and Patents: Circulating Knowledge Eva Hemmungs Wirtén PART II: MEDICINE, BIOTECHNOLOGY AND GENOMICS 2. Bilski v. Kappos and Biotechnology Patents: Back to the Future? Yann Joly and Francis Hemmings 3. The Current State of Patent Eligibility of Medical and Biotechnology Inventions in the United States Joshua D. Sarnoff 4. Patent Law, the Emerging Biotechnologies and the Role of Language in Subject-Matter Expansionism Graham Dutfield PART III: BIOBANKS, BIOINFORMATICS AND BIOBRICKS 5. Standards for Biobank Access and Intellectual Property Dianne Nicol and Richard Gold 6. The 1000 Genomes Project Donna M. Gitter 7. Building with BioBricks: Constructing a Commons for Synthetic Biology Research Alison McLennan PART IV: GENETICS, STEM CELLS AND NANOTECHNOLOGY 8. Regulating Gene Regulation: Patenting Small RNAs Adam Bostanci, Jane Calvert and Pierre-Benoit Joly 9. Stem Cell Patents: Looking for Serenity Amina Agovic 10. Cosmo, Cosmolino: Patent Law and Nanotechnology Alison McLennan and Matthew Rimmer PART V: BIODIVERSITY, FOOD SECURITY AND CLIMATE CHANGE 11. Patenting the Kakadu Plum and the Marjarla Tree: Biodiscovery, Intellectual Property and Indigenous Knowledge Sarah Holcombe and Terri Janke 12. Climate-Ready Crops: Intellectual Property, Agriculture and Climate Change Matthew Rimmer 13. The Doomsday Vault: Seed Banks, Food Security and Climate Change Matthew Rimmer Bibliography Index

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

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Book SynopsisIntellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.Trade Review‘Intellectual Property and Sustainable Development is a 459-page compendium cooperatively compiled and edited book featuring informed and informative perspectives from an impressive roster of academicians and experts on a range of intellectual property issues from international case studies drawn from Africa, Asia, Central America, and the Middle East. Enhanced with an extensive bibliography and a comprehensive index, Intellectual Property and Sustainable Development is a seminal work that is especially recommended for academic, corporate, and governmental reference libraries in general, and the reading lists of policy-makers, trade negotiators, and intellectual property attorneys in particular.' -- Michael Dunford, The Midwest Book Review'This is a thought-provoking book with relevance to a broad readership, especially IP practitioners with a strong international focus.' -- Australian Intellectual Property Law BulletinTable of ContentsContents: Introduction PART I: THE NEW IP LANDSCAPE Section 1: A General Perspective 1. Rights in Basic Information Peter Jaszi Section 2: Taking up Reform 2. The Politics of Reform in Developing Countries Carolyn Deere 3. Intellectual Property Reforms in China Peter K. Yu 4. A Perspective on Reform in Arab Countries Ahmed Abdel Latif Section 3: Implications for Drug Pricing 5. A Review of the Economic Literature Keith E. Maskus PART II: POLICY CHALLENGES IN THE SOUTH Section 1: The Pharmaceutical Sector 6. The Case of the Generic Industry in India Biswajit Dhar and K.M. Gopakumar 7. TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand Jakkrit Kuanpoth 8. The Ability to Utilize TRIPS Flexibilities in Sub-Saharan African Countries Tenu Avafia, Jonathan Berger and Trudi Hartzenberg Section 2: The Protection of Life Forms and Traditional Knowledge 9. Genetic Use Restriction Technologies and Sustainable Development in Eastern and Southern Africa Patricia Kameri-Mbote and James Otieno-Odek 10. Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia Daniel Robinson Section 3: Geographical Indications 11. Indications of Geographical Origin in Asia: Legal and Policy Issues to Resolve Dwijen Rangnekar Section 4: Access to Knowledge and the Role of Research Institutes 12. Education and Access to Knowledge in Southern Africa Andrew Rens, Achal Prabhala and Dick Kawooya 13. Innovation and Public Research in Central American Countries Jorge Cabrera PART III: RESPONSES TO THE TRIPS-PLUS WORLD 14. Promoting Checks and Balances Carsten Fink 15. A Model Law for the Protection of Undisclosed Data Carlos M. Correa 16. Enforcement Provisions of EPAs Sisule F. Musungu Bibliography Index

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

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

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

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

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

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

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

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Book SynopsisThis comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume –- Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - – it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.Trade Review‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’ -- Peter Drahos, RegNet, The Australian National University, Canberra‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’ -- = Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: Preface Carlos M. Correa HISTORY, INTERPRETATION AND PRINCIPLES 1. Why IPR Issues Were Brought to GATT: A Historical Perspective on the Origins of TRIPS Charles Clift 2. Developing Countries in the Global IP System Before TRIPS: The Political Context for the TRIPS Negotiations Carolyn Deere-Birkbeck 3. Minimum Standards vs. Harmonization in the TRIPS Context: The Nature of Obligations under TRIPS and Modes of Implementation at the National Level in Monist and Dualist Systems Denis Borges Barbosa 4. Enhancing Global Innovation Policy: The Role of WIPO and its Conventions in Interpreting the TRIPS Agreement Graeme B. Dinwoodie and Rochelle C. Dreyfuss 5. The Objectives and Principles of the TRIPS Agreement Peter K. Yu 6. Mainstreaming the TRIPS and Human Rights Interactions Xavier Seuba 7. The TRIPS Agreement and Intellectual Property Rights Exhaustion Luis Mariano Genovesi 8. Intellectual Property Rights and Competition Policy Beatriz Conde Gallego 9. Intellectual Property Rights in Free Trade Agreements: Moving Beyond TRIPS Minimum Standards Pedro Roffe, Christoph Spennemann and Johanna von Braun SUBSTANTIVE RIGHTS 10. Limits, Limitations and Exceptions to Copyright under the TRIPS Agreement P. Bernt Hugenholtz 11. Copyright in TRIPS and Beyond: The WIPO Internet Treaties Ruth L. Okediji 12. The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty Owen Morgan 13. Marks for Goods or Services (Trademarks) Annette Kur 14. Unresolved Issues on Geographical Indications in the WTO Kasturi Das 15. No ‘Lemons’ No More: A Sketch on the ‘Economics’ of Geographical Indications Dwijen Rangnekar 16. Exploring the Flexibilities of TRIPS to Promote Biotechnology in Developing Countries Graham Dutfield, Lois Muraguri and Florian Leverve 17. Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options Jerome H. Reichman 18. The Doha Declaration and Access to Medicines by Countries Without Manufacturing Capacity S.K. Verma 19. Disease-based Limitations on Compulsory Licenses Under Articles 31 and 31bis Kevin Outterson 20. The Protection of Semiconductor Chip Products in TRIPS Thomas Hoeren 21. Data Exclusivity for Pharmaceuticals: TRIPS Standards and Industry’s Demands in Free Trade Agreements Carlos M. Correa Index

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Book SynopsisThis concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume –- Research Handbook on the Protection of Intellectual Property under WTO Rules - – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.Trade Review‘Carlos Correa has in these two Research Handbooks on the TRIPS Agreement, done a magnificent job of bringing together a large number of scholars to analyse the many issues raised by the Agreement. The result is an integrated resource of high quality that helps readers to understand the many complex dimensions of TRIPS.’ -- Peter Drahos, RegNet, The Australian National University, Canberra‘TRIPs is the only positive integration type of agreement in the WTO. Scholars have legitimately in my view, questioned its inclusion in the WTO since the protection of IP rights is no more a trade issue than many other similar issues. This is the first time that a set of well-known experts has dealt in a comprehensive manner with the vast array of issues regarding the coming-into-being, the functioning and the perspectives of the TRIPs regime under the aegis of the WTO. These two volumes will provide very useful guidance to students and policymakers alike dealing with protection of IP rights and international trade.’ -- Petros C. Mavroidis, Columbia Law School, US and University of Neuchâtel, SwitzerlandTable of ContentsContents: Preface INTERPRETATION, ENFORCEMENT AND IMPLEMENTATION 1. The Applicability of GATT Jurisprudence to the Interpretation of the TRIPS Agreement Susy Frankel 2. TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications Xuan Li 3. Lessons from the United States in Regard to the Recent, More Flexible Application of Injunctive Relief Joshua D. Sarnoff 4. Accession to the WTO, Intellectual Property Rights and Domestic Institutions Ermias Tekeste Biadgleng 5. The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations David Vivas-Eugui and María Julia Oliva 6. United States – Section 110(5) of the US Copyright Act: Summary and Analysis Dalindyebo Shabalala 7. WTO Panel on United States – Section 110(5) of the US Copyright Act Maximiliano Santa Cruz 8. Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes Viviana Muñoz Tellez 9. Canada – Patent Protection of Pharmaceutical Products Pedro Roffe and Christoph Spennemann 10. Mandatory Regulation versus Discretionary Regulation, Unilateralism, and National Treatment: An Analysis of the United States – Section 211 Omnibus Appropriations Act of 1998 Dispute Christophe Charlier Index

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