Tools and techniques from today's leading intellectual capital innovators: Xerox, Dow Chemical, Hewlett-Packard, Avery Dennison, Eastman Chemical, Rockwell, and Skandia

"Patrick Sullivan . . . has brought together some of the best thinkers and best thinking on the subject of intellectual capital. Anyone who hopes to profit from intellectual capital will profit from Profiting from Intellectual Capital."—Thomas A. Stewart Author of Intellectual Capital: The New Wealth of Organizations.

"A comprehensive collection of the key ideas for effectively managing intellectual assets in the twenty-first century."—Hubert St. Onge Senior Vice President, Strategic Capability, Mutual Life of Canada.

"The first thorough exposition of how companies manage and extract value from their intellectual capital. The discussion of 'best practices,' as well as the high level conceptual examination of various intellectual capital issues, is an important contribution to this fast-growing field."—Baruch Lev, PhD The Philip Bardes Professor of Accounting and Finance, Stern School of Business, New York University, and Director, The Intangibles Research Project at New York University.

"This is a remarkable compendium of analytic approaches to that most elusive of management goals—managing intellectual capital. It gives our 'state-of-the-practice' knowledge a most substantial boost."—Larry Prusak Managing Principal, Knowledge Management, IBM Corporation.

"Sullivan brings together strategic management and intellectual capital. The combination is powerful."—Russell L. Parr Senior Vice President, AUS Consultants.

In today's postindustrial economy, technology and knowledge-based companies are superseding traditional manufacturing enterprises at a rapid rate. But as tangible assets give way to invisible, information-centered ones, most firms still know very little about their intellectual capital and what it can do for them.

While a number of books and articles have already been written about the knowledge-creation and information-sharing aspects of intellectual capital management, Profiting from Intellectual Capital takes the next step—examining how companies can develop financial benefits and extract ever more value from their intellectual capital.

Divided into three sections, the book is filled with the practices and procedures of companies that are in the vanguard of ICM—Dow Chemical, Xerox, Rockwell International, Skandia, and Hewlett-Packard. The first part of the book presents essential terms and concepts, along with basic material on the principles of value extraction and a discussion of the usefulness of values in the management of intellectual capital. The two subsequent sections offer methods for IC measurement, management, and monitoring, as well as important techniques for extracting value—including such practical initiatives as creating an intellectual property database, patent trees, and more.

Profiting from Intellectual Capital is essential reading for today's forward-thinking executives, attorneys, accountants, and other professionals. Because while knowledge is power, knowledge can be profits, too.

Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.

This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics', and therefore software's, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.

In recent years intellectual property rights (IPR) took on major significance as an element of global trade regulation. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO) obliges member countries to protect patents, copyrights, trademarks, and trade secrets. This mandate has great impact in developing nations, which had generally weaker IPR standards prior to TRIPS and subsequent agreements. This emerging international regime for protecting IPR raises thorny questions about how the new rules of the game might affect fundamental economic processes, including innovation, trade and economic development.
The governments of many developing countries see the new regime as excessively protectionist and an impediment to their development prospects. They perceive potential problems with abusive monopoly practices, high costs for new medicines, and limited access to scientific and educational materials. Indeed, it is ironic that during a time of significant global liberalization of trade and investment barriers, the IPR system may be raising restrictions on access to the very technology flows that could substantiate the gains from greater trading opportunities.
However, expansion of the global IPR regime also bears potential for economic gains. It is possible that the new system will encourage additional investments in R&D and innovation. The ongoing internationalization of commercial R&D could be accelerated. Such investments might increasingly meet the medical, agricultural, and educational needs of people in poor countries. The regime could also improve the mechanisms under which new information goods are transferredacross borders, expanding the possibilities for fruitful diffusion of technologies.
The implications of these reforms will be far-reaching, complex and hard to predict. It is possible, for example, that stronger patents will simply redistribute incomes across nations, generating significant winners and losers without much overall innovation gains. It is also possible that R&D investments could become more concentrated among the developed and newly industrialized economies but bypass the poorer locations. Ultimately, all such questions need close theoretical and empirical scrutiny.
In this volume several economists who are closely involved in such analysis offer comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. The authors range widely over their particular areas of inquiry. At the international level the contributions cover such questions as policy coordination in IPR, dispute resolution, markets for technology and technology transfer, international innovation, parallel trade, and economic development. On the regulatory side there are thoughtful reviews of the legal foundations of IPR, knowledge creation and the public domain, networks and standards, competition policy, access to essential medicines, and agricultural research.
The contributions are aimed primarily at economists, who will find ambitious and up-to-date treatments of the most central areas of IPR and globalization. The chapters analyze recent literature, discuss shortcomings and key findings, and indicate where additional research is urgently needed. However, scholarsof other disciplines, particularly in law, political science, and international relations, will find much of interest as well. The literature reviews also constitute a valuable resource for students in all these fields who wish to learn more about the economics of international IPR.
*Brings together fresh insights from top economists.
*Considers various aspects of IPRs in the global economy from analytical and empirical perspectives.
*Areas covered include information technology, trade, investment, agriculture, medicine, firm behavior, and development.

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights.

This brand new title brings together the different streams of the transfer landscape and outlines the separate legal rules all in one accessible place. Data transfers (under data protection legal rules) are one of the most discussed areas of data protection, and are currently undergoing mass change. Following on from Brexit, professionals now have more than one set of transfer rules to comply with, including: - New Adequacy Decision - New Standard Contracts - Forthcoming UK Contracts - Consultation on future laws

This book tells the story of how, over centuries, people, society and culture created laws affecting supply of information. In the 21 century, uniform global copyright laws are claimed to be indispensable to the success of entertainment, internet and other information industries. Do copyright laws encourage information flow? Many say that copyright laws limit dissemination, harming society. In the last 300 years, industries armed with copyrights controlled output and distribution. Now the internet's disruption of economic patterns may radically reshape information regulation. Information freedom, a source of emancipation, may change the world.

This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on "patent law," as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.

This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.

Royalty payments are once again becoming a hot button issue for authors and artists, as well as other holders of copyright or related rights, because they fail to receive adequate compensation for the use of their work on the internet. This volume from the 2015 ALAI Congress contributes to the international discussion of this issue by examining the causes of the problem and possible solutions, including a set of business models to compensate for internet usage. The volume contains mainly English as well as French and Spanish contributions.

This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.

This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.' - Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' - Beebe Barton, New York University School of Law, US 'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' - Peter Drahos, Australian National University and Queen Mary University of London, UK Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence. The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property. Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law. Contributors include: A. Abdel-Latif, T. Aplin, C. Avila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. Yu

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

This 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.

Intellectual property rights (IPRs) are increasingly significant elements of economic policy: they are vital to developed countries in an age of global trade. Today's astounding new technologies, stemming from the digital and biotechological revolutions are creating new problems. William Cornish focusses upon the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs across some recent technologies, the distraction caused by rights that achieve little of their intended purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the internet. What IPRs are good for, and what they should achieve depends upon the law which defines them. There is great international, as well as national pressure for new laws, and in Europe, the EU is now the dominant force in shaping IP policy. Against this background, William Cornish surveys current arguments over legal policy in this field. How can the the issues raised by advances in human genetics be reconciled with the potential for diagnostic and therapeutic advances, and the patenting of molecules, genes, and even organisms by biotechnology and pharmaceutical companies? How can this new field be fairly protected through the existing requirements of patent law; and who should be responsible for effecting this result? Copyright is the traditional buttress of publishing, computer programming, and record and film production. It now faces a life-sapping threat from free and ready access to material via the Internet and other digital resources. How can a mixture of legal rights and technological barriers to access give reasonable protection to investment in new intellectual products without becoming an inordinate instrument of control? Trade marks are the crux of branding: a cornerstone of marketing that often eclipses even the very things being sold. How can we reconcile the tension between those intent on legal protection for every element of investment in branding, and those concerned to balance freedom to compete against the drive for 'fair trading'?

This book aims to identify, analyze, and systematize the available research on counterfeiting and piracy published over a thirty-five year time span (1980-2015) in order to highlight the main trends in the illicit trade literature, propose suggestions for managers battling against illicit trade, and provide a starting point for future research. Counterfeiting and piracy, i.e., the violation of intellectual property rights (IPRs), including trademarks, copyright, and patents, have been investigated across a multitude of fields, from ethics to marketing, from law to business, from criminology to psychology. While the number of contributions has been substantial, research on both demand and supply has been fragmented and has at times yielded contradictory results. In addition, the lack of an extensive, interdisciplinary, and up-to-date literature review has made it hard to fully understand what aspects of the phenomenon need further clarification in order to stem consumer demand and provide meaningful suggestions to companies combatting illicit trade daily. A systematization of the existing literature is absolutely paramount and this need is fully met by this book.

'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 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. Watanabe

'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' - Hector MacQueen, University of Edinburgh, UKGuan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright - individual rights - but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalization and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.

'The rapid evolution of China from an ''emerging'' to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.' - Antony Taubman, Director, IP Division, WTO'This edited volume offers an excellent comprehensive overview of China's intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China's IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China.' - Mark Wu, Harvard Law School 'The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from ''made in China'' to ''created in China''. This book also helps us to understand about the interplay between China's intellectual property protection system and the potential for transition of China's economy, and provides numerous means to deal with the legislative difficulties in China's innovation-oriented strategy.' - Wu Handong, Zhongnan University of Economics and Law, China Written 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. Zuming

In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion's Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda's song "Mbube" for its hit "The Lion Sleeps Tonight" from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.

Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.

Creativity, 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. Sichelman