An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks.The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis.

Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law.

This new edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation.

Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.

This book deals comprehensively with the major treaties and conventions covering the law of international copyright and neighbouring rights. It explains the complex legal, economic and political background to the treaties and their contents, and how they inter-relate. There is also practical commercial discussion of how copyright and neighbouring rights are treated in international trade measures such as GATT, WTO, NAFTA, and bilateral and unilateral treaties, with a section devoted to how unilateral trade measures are applied by the USA in particular. There is also some discussion of how international copyright law and neighbouring rights may develop in the future. The book is intended to be a definitive account of the law of international copyright and neighbouring rights, but it is also intended to be accessible to non-specialist practitioners. It is fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy (expected to publish in 2008), offering readers a comprehensive approach to the subject. The author has been consulted on copyright policy on numerous occasions by various governmental and non-governmental organisations within and outside the EC, and therefore is ideally placed to give an inside view on how policy is formed.

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests.

This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

As more and more colleges and universities establish copyright offices and/or assign the responsibilities of copyright education and advisory services to specific individuals within the institution, many times librarians, there is a paucity of resources available on how to manage that responsibility. Most works on copyright discuss the law and court cases interpreting the law but few address the situational application of it and the management and coordination of copyright efforts on a campus. Here is a complete, one-stop, guide to managing copyright at all levels-community college, college, and university. Complete chapters are devoted to: *The university culture *The role of a copyright office *How to establish a copyright office *Copyright services for librarians *Copyright services for faculty *Copyright services for administrators and staff *Copyright services for students Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.

Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.

The software industry continues to expand as new products enter into the technological marketplace in order to meet increasing demand. As a result of the popularity of often-expensive software products, companies face the growing challenge of protecting their products against copyright infringement. Judiciary-Friendly Forensics of Software Copyright Infringement discusses the forensics of software copyright infringement. This book highlights theoretical, functional, and procedural matters in the investigation of copyright infringement of software products, as well as the development of forensic technologies to detect and eliminate software piracy. As this publication will explore comprehensive topics on the forensic process of software piracy, it is an essential resource for software forensic experts, lawyers in the field of copyright infringement, judges, software professionals, software developers, and students.