The development and legal purchase of "know-how" are costly. Accordingly, for companies in possession of "know-how" it is of vital interest to ensure that competitors do not gain access to their specialized knowledge. Taking this fact into consideration, this work concentrates on a problem area that has yet to be debated in depth, namely the distinction between protected and unprotected know-how in the case of "reverse engineering," which is the acquiring of construction and programming knowledge by dismantling and reverse development.

This book comprehensively discusses the main features of the Chinese patent law system, which not only legally 'transplants' international treaties into the Chinese context, but also maintains China's legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius's classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.

What kind of decision-making should multinationals engage in to create a sustainable company? There is substantial debate over why CEOs, senior management and Boards of Directors make the wrong decisions by not asking the right questions, with the result that not only is the company itself damaged, but all of the stakeholders find themselves at a detriment. Focusing on innovation, technology transfer and the use of intangible assets, Energy Law and the Sustainable Company features case studies from the oil and gas sector, to illustrate how to develop a sustainable business. Considering corporate social responsibility from the perspective of international and national law, the book demonstrates how companies can be both profitable and ethical using the influences of psychology to encourage senior decision makers to make the right decisions. It was revealed that reputation was the main principle influencing decision-making. The book also discusses how companies have reported on their sustainability strategy and considers how technology transfer and intangible assets may play a part in addressing global sustainability. This book should be invaluable reading to students and scholars of Sustainable Business, Business Law, Corporate Social Responsibility, Environmental and Energy Law as well as Environmental and Energy Management.

International Copyright surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.

This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of placing current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."

Intellectual property (IP) comprises not only the valuable economic assets of private firms, but also the social and cultural assets of society. The potential impact of intellectual property assets is so great that it is likely to have a considerable effect on national and international economic development in the future. Despite this, the area of IP education is relatively new to many academic institutions, and principles and methods in teaching IP are still evolving. Against this backdrop, in this book a number of internationally renowned professors and practitioners share their teaching techniques in their particular fields of expertise, including what they consider should be taught in terms of coursework. The result is a valuable handbook for teachers and those wishing to get up to speed on international IP issues.

How does IP balance the exclusive rights of innovators with public demand for access to their innovations? How can organizations manage IP strategically to meet their goals? How do IP strategies play out on the global stage? Driving Innovation reveals the dynamics of intellectual property (IP) as it drives the innovation cycle and shapes global society. The book presents fundamental IP concepts and practical legal and business strategies that apply to all innovation communities, including industry, non-profit institutions, and developing countries. Further, it draws on the author's broad experience, news headlines, and precedent-setting lawsuits relating to patents, trademarks, copyright, and trade secrets - from biotechnology to the open source movement. General readers and students will welcome the lively overview of this complex topic, while executives and practitioners can gain new insights and valuable approaches for putting ideas to work and navigating within or changing the global IP system to expand innovation.

This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South-South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings. Chapter 1 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter1.pdf Chapter 24 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter24.pdf

If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a white--not a high--horse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years.
Organized as a series of "takes" that range from short sidebars to extended discussions, "Permissions, A Survival Guide" explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does "fair use" really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.
Filled with anecdotes, asides, and real courage, "Permissions, A Survival Guide" is a unique handbook that anyone working in thevisual arts will find invaluable, if not indispensable.

The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

The relevance of intellectual property law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, and information in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law. In particular, this volume aims to provide a useful resource that can be used by IP researchers who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. This edited collection is one of the largest compilations, to date, of existing methods and approaches from different lenses, perspectives, and experiences from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors of the contributions, is a fundamental feature of this collection, which seeks to assist IP researchers across many countries in the developing and developed world. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

People engage with authored works all the time. They buy paintings, read books, download songs - they may even be artists themselves. Very rarely, however, is the concept of authorship brought into question. The basic idea that the artist as an author maintains some kind of claim to his or her creation, even as it circulates in the world at large, seems natural. It is the basis for copyright law and moral rights legislation which protect the rights of authors. But what is an author, and why do artists receive special legal recognition and protection that the creators of other kinds of artefacts do not? It is often assumed that artists have a special bond with their artworks, but the nature of this bond and its function as the source of an artist's authority over their work often goes unquestioned. Art and Authority is a philosophical essay on artistic freedom: its sources, nature, and limits. Artistic freedom can mean different things depending on the context in which it is invoked. K. E. Gover argues that the most fundamental form of artistic freedom involves the artist's authority to accept or disavow the works that they produce and to curate the works that bear their name. Our very concept of what an artwork is the intentional expression of the artist, for its own sake depends on this second-order endorsement by the artist of what they have made. Using real-world cases and controversies in contemporary visual art, Gover argues that the leading accounts of artistic authorship in the legal and philosophical literature have overlooked the significance of this moment.

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This 2004 collection brings together contributions from some of the most distinguished scholars in this exciting and controversial field, covering the full breadth of intellectual property law, that is, patents, copyright, trade marks and related rights. The contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face. These include: expanding the boundaries of IP in the face of new challenges, such as appropriate legal responses to digitisation and new technologies; relations between developed and developing worlds; the relationship between different legal traditions in a world of increasingly shared international norms; and the relationship between intellectual property rights and other areas of law, such as contract and criminal law.

Artificial Intelligence (AI) has become omnipresent in today's business environment: from chatbots to healthcare services to various ways of creating useful information. While AI has been increasingly used to optimize various creative and innovative processes, the integration of AI into products, services, and other operational procedures raises significant concerns across virtually all areas of intellectual property (IP) law. While AI has drawn extensive attention from IP experts globally, this is the first book providing a broad and comprehensive picture from the perspectives of the very nature of AI technology, its commercial implications, its interaction with different kinds of IP, IP administration, software and data, its social and economic impact on the innovation policy, and ultimately AI's eligibility as a legal entity.

How do firms like Hewlett-Packard, DuPont, Dow Chemical, IBM, and Texas Instruments routinely convert the ideas of their employees into profits that sustain the corporation?

How can buyers and sellers calculate the assets of the acquired firm in a merger or acquisition?

How can an organization affect the firm's stock price using the leverage of intellectual assets?

Identifying a firm's assets, especially its intellectual assets-the proprietary knowledge expressed as a recipe, formula, trade secret, invention, program, or process-has become critical to a company's overall vision and strategic plan and essential in such transactions as stock offerings or mergers. In the era of the knowledge-based company, where the firm's genius and future lies in its ideas, a firm's collective know-how has become a measurable commodity-and as much a part of its bottom line as the condition of its cash investments, plant, and equipment. Extracting and measuring the real value of knowledge is essential for any corporate head who knows how high the stakes have become for corporate survival in the information age-where the innovative idea is as good as, if not better than, gold! Value-Driven Intellectual Capital is a corporate and financial executives' handbook to the new world of intangible assets-what they are and how to convert them into cash or strategic position. Written by one of the seminal thinkers in the field, and the key organizer of the ICM Gathering, a group of leading-edge knowledge-based companies, Value-Driven Intellectual Capital explains the new, boundary-expanding world of intellectual assets-where translating an innovative idea into bottom-line profits involves a tightly focused strategy with clear directives for making it happen. A blueprint for turning corporate knowledge, know-how, and intellectual property into a sustainable competitive weapon that will build a firm's reputation and market share, this practical, insightful book outlines:
* Basic concepts underlying IC (intellectual capital) and corporate value creation
* The linkage between IC, business strategy, and profits
* The different kinds of value-including qualitative and quantitative -firms realize from their IC
* Activities required to produce the value firms desire from their IC
* Methods for calculating the dollar value of companies-for market capitalization and mergers or acquisitions
* An economic model of an IC company

The book's appendix is a valuable distillation for corporate and financial executives, managers, researchers, and analysts of IC's basic working concepts and definitions, including the principles underlying value creation and value extraction, the concepts and strategies used by successful companies, the sources of value for knowledge companies, and the mechanisms used to convert that value into real profits. And since it is managerial talent that turns intellectual property into business assets, the book provides an arsenal of key concepts, methods, and processes for aligning with and using intellectual property as an active element of a firm's business strategies. It concludes with a discussion of how value is extracted from human capital, focusing on its elusive magnetic core: creativity and productivity. In an era in which firms are increasingly accountable to shareholders and success is judged solely by stock price, knowing how to measure and extract the value of a firm's intellectual assets has become one of the most critical and essential skills needed by CEOs today. Reflecting the most innovative thinking from some of the most sophisticated firms in the world, Sullivan's Value-Driven Intellectual Capital is a manifesto, a clarion call to excellence for any corporate or financial executive, merger and acquisition partner or investor who understands how much future corporate survival and success depends on the simple enduring genius of a good idea and the need to convert those ideas into corporate value.

Visit our Web site at: www.wiley.com/

Intellectual property rights (IPRs)-patents, copyrights, and trademarks-have moved from an arcane area of legal analysis and a policy backwater to the forefront of global economic policymaking. Apple and Samsung's patent battle illustrates the importance of IPRs and how they impact everyone. Private Rights and Public Problems is a completed update of the seminal, oft-cited 2000 study, Intellectual Property Rights in the Global Economy. This new book documents the remarkable global changes in IPRs policies that have taken place since the founding of the World Trade Organization (WTO) and analyzes both the benefits and costs of the global IPRs system.Does stronger IPRs protection increase incentives for innovation and raise returns to international technology transfer or does it raise the cost of acquiring new technology and products? Have the changes benefited technology producers or technology consumers? Do these policies help or hinder the transfer of key technologies used to address critical global public needs, such as essential medicines, green technologies, bio-engineered seed varieties, products made from genetic resources, and scientific and educational materials? The book examines these issues through an analysis of the economic effects of extended international protection and partial harmonization of IPRs. Ultimately, it argues that the global IPRs system stands at a fundamental crossroad, facing more challenges than ever before. It makes several suggestions for improving the efficiency and fairness of the newly globalized system in the near future, if the political will can be found.

Mark Davison examines several legal models designed to protect databases, and specifically, the E.U. Directive--the history of its adoption and its transposition into national laws. Davison compares the Directive with various American legislative proposals, as well as the principles of misappropriation that are behind them. In addition, the book contains a commentary on the appropriateness of the various models in the context of arguments for international agreement on the topic.

Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in 'dark-archives' to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of 'forgotten-knowledge'. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new 'digital renaissance'. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

A step-by-step guide to licensing technology-based intellectual property assets

For many modern, high-technology companies, licensing their technology-based intellectual property assets is the best way to fully exploit them. Firms that are unable to utilize their proprietary technology assets can license them to other companies more capable of doing so. This book serves as an informed and comprehensive guide to developing a technology licensing program and the legal hurdles, operational needs, and strategies involved.

Suitable for companies seeking to implement or redesign a technology licensing program, as well as individual inventors who want to protect and profit from their proprietary technology, Technology Management covers all the bases.

Learn to:

• Develop a licensing strategy
• Conduct proper valuations of intellectual property
• Gather and utilize market research
• Market your technology
• Negotiate and draft licensing agreements

Utilize these handy resources:

• Glossary of important terminology
• Case studies and sample documents
• Lists of organizations, publications, trade shows, and other helpful sources of information