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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents

Unsettled International Intellectual Property Issues (Hardcover): Tshimanga Kongolo Unsettled International Intellectual Property Issues (Hardcover)
Tshimanga Kongolo
R5,045 Discovery Miles 50 450 Ships in 10 - 15 working days

The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties.Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications.Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies; including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization(WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation, the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis.In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international protection instrument that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet.As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.

Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy (Hardcover): Paul Paradise Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy (Hardcover)
Paul Paradise
R2,931 Discovery Miles 29 310 Ships in 10 - 15 working days

Called the business crime wave of the 21st century, trademark counterfeiting and product piracy are worldwide in scope and cost the U.S. economy billions of dollars every year. High technology and the globalization of business have made it possible to counterfeit and pirate a seemingly limitless number of products, from t-shirts, designer jeans, films and books to auto and airplane parts, and prescription drugs. The 1995-1996 trade dispute between the U.S. and China shows how serious the problem has become for American business and for U.S. diplomatic relations. Paradise explores the history of counterfeiting and piracy, shows how they are done, and the strategies that U.S. businesses are using to combat them. With interviews, commentary, and anecdotes by corporate attorneys, business leaders, and private investigators, this well-written book is essential for anyone interested in the damage that violations of intellectual property law are inflicting on world trade and what is being done to stop it. Called the business crime wave of the 21st century, trademark counterfeiting and product piracy are worldwide in scope and cost the U.S. economy billions of dollars every year. High technology and the globalization of business have made it possible to counterfeit and pirate a seemingly limitless number of products, from t-shirts, designer jeans, films and books to auto and airplane parts, and prescription drugs. The 1995-1996 trade dispute between the U.S. and China shows how serious the problem has become for American business and for U.S. diplomatic relations. Paradise explores the history of counterfeiting and piracy, shows how they are done, and the strategies that U.S. businesses are using to combat them. With interviews, commentary, and anecdotes by corporate attorneys, business leaders, and private investigators, this well-written book is essential for anyone interested in the damage that violations of intellectual property law are inflicting on world trade and what is being done to stop it. Paradise lays out the problem in Chapter 1 with a clear explanation of the differences between trademarks, copyrights, and patents, and the laws covering each. In Chapter 2 he looks at the role played by organized crime, gray market goods, the lack of intellectual property laws, and ultimately the threat to U.S. business. He discusses the recent investigations and disputes with China, and its aftermath throughout Southeast Asia. Chapter 4 focuses on the knockoff, chapter 5 on street peddlers and flea markets (and how merchants are retaliating), and chapter 6 on the tracking of counterfeiters. The entertainment industries and the pharmaceutical industries are then closely examined. He follows with equally comprehensive (and chilling) studies of automobile and aircraft parts counterfeiting and piracy in cyberspace. Paradise ends with a look at what is being done to counteract the inroads that piracy and counterfeiting have made into the global economy, and offers a provocative call for more and better efforts in the future.

Intellectual Property in the Digital Age - Challenges for Asia (Hardcover): Christopher Heath, Anselm Kamperman Sanders Intellectual Property in the Digital Age - Challenges for Asia (Hardcover)
Christopher Heath, Anselm Kamperman Sanders
R5,101 Discovery Miles 51 010 Ships in 10 - 15 working days

What exactly do policymakers and journalists mean when they refer to the "information age"? What bearing do the "problems" they describe and the "solutions" they offer have on current global realities? Specifically, what does the Euro-American concept of intellectual property mean in a global context? Why is the idea of electronic commerce so difficult to "export"? These questions which clearly identify issues of crucial importance for the coming decades of human history are given full weight, stripped of ideology, in this book, based on the papers presented at a seminar sponsored by the Macau Institute of European Studies (IEEM) in June 2000. Although there are no clear answers, the accounts and analyses presented here provide a wealth of detail that comes as close as we can expect at this date to the facts of the case. The focus is on East Asia, Greater China in particular, an area which (most social theorists agree) offers the most revealing social context for the examination of emerging global trends in this field.

IAN S. FORRESTER QC LL.D. A Scot without Borders Liber Amicorum - Volume II (Hardcover): David Edward, Jacquelyn MacLennan,... IAN S. FORRESTER QC LL.D. A Scot without Borders Liber Amicorum - Volume II (Hardcover)
David Edward, Jacquelyn MacLennan, Assimakis Komninos
R5,934 Discovery Miles 59 340 Ships in 12 - 19 working days
Japanese Patent Law - Cases and Comments (Hardcover): Christopher Heath, Atsuhiro Furuta Japanese Patent Law - Cases and Comments (Hardcover)
Christopher Heath, Atsuhiro Furuta
R5,977 Discovery Miles 59 770 Ships in 12 - 19 working days
An Analysis of the Economic Torts (Hardcover, 2nd Revised edition): Hazel Carty An Analysis of the Economic Torts (Hardcover, 2nd Revised edition)
Hazel Carty
R5,353 Discovery Miles 53 530 Ships in 12 - 19 working days

The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition of An Analysis of Econmic Torts, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested.
However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting ..". if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ." However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue & Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development.
Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.

Spares, Repairs and Intellectual Property Rights - IEEM International Intellectual Property Programmes (Hardcover): Christopher... Spares, Repairs and Intellectual Property Rights - IEEM International Intellectual Property Programmes (Hardcover)
Christopher Heath, Anselm Kamperman Sanders
R5,711 Discovery Miles 57 110 Ships in 10 - 15 working days

Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: * notions of 'repair' and 'recycle' and their legal effects; * the limits of IP rights in relation to repair and recycle; * legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); * patent exhaustion on repair and recycling; * alteration of product 'identity'; * the concept of 'indirect' or 'contributory' infringement; * design law strategies; and * secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.

Understanding and Profiting from Intellectual Property - A guide for Practitioners and Analysts (Hardcover): D. Yang Understanding and Profiting from Intellectual Property - A guide for Practitioners and Analysts (Hardcover)
D. Yang
R1,616 Discovery Miles 16 160 Ships in 10 - 15 working days

This book discusses the strategic and managerial issues surrounding intellectual property (IP) and the international commercialisation of these embedded products in the international market. Four sections cover Fundamentals of IP, Country Factors and Their Impact on IP, International Management of IP and International Strategies of IP. The discussions are supported by relevant case studies and statistical data.

Intellectual Property Law in China (Hardcover): Peter Ganea, Thomas Pattloch Intellectual Property Law in China (Hardcover)
Peter Ganea, Thomas Pattloch
R8,954 Discovery Miles 89 540 Ships in 10 - 15 working days

Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important. "Intellectual Property Law in China" provides a comprehensive coverage of all aspects of intellectual property protection in China, emphasising particularly those issues of most concern to foreign investors: protection of well-known marks, issues of technology transfer, and, most important of all, actual enforcement of IP rights. The book is written by two outstanding experts on IP in China - Peter Ganea, head of the Max Planck Institute's China department, and Thomas Pattloch, now a practicing attorney in Shanghai and previously involved with the EU-China IP programme. The book thus combines practical knowledge with academic standards. The book contains the following chapters: patents and related rights such as utility models and designs; trade marks and related rights, including unfair competition, well-known marks, and domain names; copyright; technology transfer; enforcement; and comments on the draft Anti-Trust Act. "Intellectual Property Law in China" is essential for all companies investing in China or considering such investment, as well as for private practitioners counselling their clients on potential strategies such as registration or technology transfer.

Intellectual Property and Private International Law - Comparative Perspectives (Hardcover, New): Toshiyuki Kono Intellectual Property and Private International Law - Comparative Perspectives (Hardcover, New)
Toshiyuki Kono
R10,738 Discovery Miles 107 380 Ships in 12 - 19 working days

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington DC (July 2010). This volume contains the General Report and 20 National Reports covering the US, Canada, Japan, Korea, India, and a number of European countries (Austria, France, Germany, UK, Spain, etc). The General Report was prepared on the basis of the National Reports. The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law, and recognition and enforcement of foreign judgments in multi-state intellectual property (IP) disputes. Based on their answers, the main differences between legal systems - as well as the shortcomings of the cross-border enforcement of IP rights - are outlined in the General Report. The Reports in this volume analyze relevant court decisions, as well as recent legislative proposals, such as the ALI, CLIP, Transparency, Waseda, and Korean Principles. The book is therefore a significant contribution to the existing debate in the field, and it will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context. (Series: Studies in Private International Law - Vol. 10)

Litigating Intelligence - IQ Tests, Special Education and Social Science in the Courtroom (Hardcover): Rogers Elliott Litigating Intelligence - IQ Tests, Special Education and Social Science in the Courtroom (Hardcover)
Rogers Elliott
R2,919 Discovery Miles 29 190 Ships in 10 - 15 working days

Are IQ tests racially and culturally biased? That was the controversial question in two landmark lawsuits: the California case of Larry P. v. Riles (1979) and the Chicago case of PASE v. Hannon (1980). Litigating Intelligence is a detailed analysis and comparison of these complex cases--the background, evidence, testimony, arguments, and surprising outcomes. It is also an important case study of the role of social science testimony in the courtroom and the role of the courts in setting social policy.

Patents as an Incentive for Innovation (Hardcover): Rafal Sikorski, Zaneta Zemla-Pacud Patents as an Incentive for Innovation (Hardcover)
Rafal Sikorski, Zaneta Zemla-Pacud
R4,561 Discovery Miles 45 610 Ships in 10 - 15 working days
Gurry on Breach of Confidence - The Protection of Confidential Information (Hardcover, 2nd Revised edition): Tanya Aplin,... Gurry on Breach of Confidence - The Protection of Confidential Information (Hardcover, 2nd Revised edition)
Tanya Aplin, Lionel Bently, Phillip Johnson, Simon Malynicz
R16,744 Discovery Miles 167 440 Ships in 12 - 19 working days

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges.
Aplin, Bently, Johnson, and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence. The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law.
Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

Search Engine Freedom - On the Implications of the Right to Freedom of Expression for the Legal Governance of Web Search... Search Engine Freedom - On the Implications of the Right to Freedom of Expression for the Legal Governance of Web Search Engines (Hardcover)
Joris Van Hoboken
R7,773 Discovery Miles 77 730 Ships in 10 - 15 working days

In this book, the author explores how search media can be incorporated into freedom of expression doctrine, as well as media and communications law and policy more generally. And the book develops a theory of the legal relations between national governments and search media providers on the one hand and between end-users and information providers on the other. Among the many issues covered are the following: role of government under the right to freedom of expression; lack of transparency about the ranking and selection of search results; search engine and ISP intermediary liability; filtering by access providers; freedom of expression and the governance of public libraries; the search engine market, its business model and the separation rule for advertising; search engine self-regulation; user profiling and personalization; decisions and actions for which search engines should be able to claim protection. The analysis draws on specific legal developments under Article 10 of the European Convention on Human Rights and the United States First Amendment, and investigates issues of diversity, pluralism, and freedom of expression as they relate to editorial control in other media. The author concludes with recommendations regarding search engine governance and the proper role of government, indicating which existing elements of the regulatory framework for search media can be improved and offering directions for future legal and empirical research.

Comic Art, Creativity and the Law (Paperback): Marc H Greenberg Comic Art, Creativity and the Law (Paperback)
Marc H Greenberg
R737 Discovery Miles 7 370 Out of stock

In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics - and all creative enterprises - in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.' - Rob Salkowitz, author of Comic-Con and the Business of Pop Culture'An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg's book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.' - Professor Mark A. Lemley, Director, Stanford Law School, US The characters and stories found in comic art play a dominant role in contemporary popular culture throughout the world. In this first-of-its-kind work, Comic Art, Creativity and the Law examines how law and legal doctrine shapes the creative process as applied to comic art. The book examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law has on the creative process. It considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. It uniquely explains the disparate results in two key comic book parody cases, the Winter Brothers case and the Air Pirates case, offering an explanation for the seemingly inconsistent results in those cases. Finally, it offers a detailed discussion and analysis of the history and operation of the 'work for hire' doctrine in copyright law and its effect on comic art creators. Designed for academics, practitioners, students and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

Handbook on the Digital Creative Economy (Paperback): Ruth Towse, Christian Handke Handbook on the Digital Creative Economy (Paperback)
Ruth Towse, Christian Handke
R1,486 Discovery Miles 14 860 Ships in 12 - 19 working days

Digital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between producers and consumers. This unique resource presents an up-to-date overview of academic research on the impact of digitization in the creative sector of the economy. In 37 chapters, this coherent volume brings together contributions by experts on many aspects of digitization in the creative industries. With its interdisciplinary approach and detailed studies of digitization in the arts, media and cultural industries, the Handbook provides accessible material for a range of courses. It will be thought-provoking reading for academics, researchers, students and policy-makers interested in progress in the creative economy. Contributors include: P. Arora, K. Atladottir, P. Bakker, J. Banks, W.J. Baumol, C. Bekar, A. Bruns, S. Cunningham, P. Di Cola, G. Doyle, K. van Eijck, J. Farchy, M. Favale, T. Flew, M. Gansemer, P. Goodridge, C. Handke, E. Haswell, A. Henten, R.M. Hilty, F. Homberg, R. Inglehart, A. Johansson, A. Katz, H. van Kranenburg, M. Kretschmer, M. Latzer, S.J. Liebowitz, M. Majorana, D. Mendis, F. Muller-Langer, T. Navarrete, S. Nerisson, P. Norris, J. Petrou, J. Poort, J. Potts, A. Pratt, M. Scheufen, N. Searle, D. Secchi, P. Stepan, A. Swift, R. Tadayoni, R. Towse, P. Tschmuck, F. Vermeylen, P. Waelbroek, R. Watt, G. White, P. Wikstrom, G. Withers, R. van der Wurff, G.W. Ziggers

Conceptualizing Copyright Exceptions in China and South Africa - A Developing View from the Developing Countries (Hardcover,... Conceptualizing Copyright Exceptions in China and South Africa - A Developing View from the Developing Countries (Hardcover, 1st ed. 2018)
Jia Wang
R4,527 R3,652 Discovery Miles 36 520 Save R875 (19%) Ships in 12 - 19 working days

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries' educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Design Rights - Functionality and Scope of Protection (Hardcover, 2nd ed.): Christopher V Carani Design Rights - Functionality and Scope of Protection (Hardcover, 2nd ed.)
Christopher V Carani
R6,877 Discovery Miles 68 770 Ships in 10 - 15 working days
Copyright and Popular Media - Liberal Villains and Technological Change (Hardcover, New): T. Cvetkovski Copyright and Popular Media - Liberal Villains and Technological Change (Hardcover, New)
T. Cvetkovski
R2,056 Discovery Miles 20 560 Ships in 12 - 19 working days

Copyright governance is in a state of flux because the boundaries between legal and illegal consumption have blurred. Trajce Cvetkovski interrogates the disorganizational effects of piracy and emerging technologies on the political economy of copyright in popular music, film and gaming industries.

The Future of the Public Domain - Identifying the Commons in Information Law (Hardcover): Lucie Guibault, P. Bernt Hugenholtz The Future of the Public Domain - Identifying the Commons in Information Law (Hardcover)
Lucie Guibault, P. Bernt Hugenholtz
R6,417 Discovery Miles 64 170 Ships in 10 - 15 working days

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the old-economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to 'save' the public domain? What means - both legal and practical - are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a 'negative' image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, 'information law' oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: economic analysis of the public domain; fundamental rights analysis of the public domain; impact of the application of technological protection measures and contractual restrictions on the public domain; the impact of the expansion of copyright, database right and patent rights on the public domain; the impact of the commodification of private data, government information, indigenous knowledge on the public domain; and the capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain. "The Future of the Public Domain" is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators - all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

Research Handbook on Intellectual Property and Employment Law (Hardcover): Niklas Bruun, Marja-Leena Mansala Research Handbook on Intellectual Property and Employment Law (Hardcover)
Niklas Bruun, Marja-Leena Mansala
R5,551 Discovery Miles 55 510 Ships in 12 - 19 working days

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.

Intellectual Property, Human Rights and Development - The Role of NGOs and Social Movements (Paperback): Duncan Matthews Intellectual Property, Human Rights and Development - The Role of NGOs and Social Movements (Paperback)
Duncan Matthews
R1,402 Discovery Miles 14 020 Ships in 12 - 19 working days

This insightful and important new book explores the role played by Non Governmental Organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and to postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

TRIPS, PCT and Global Patent Procurement (Hardcover): Markus Nolff TRIPS, PCT and Global Patent Procurement (Hardcover)
Markus Nolff
R6,060 Discovery Miles 60 600 Ships in 10 - 15 working days

The introduction of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has established a global patent system requiring a high standard of patent protection. However, any consequential increase in patent applications will further strain the resources of patent offices worldwide. A monolithic "World Patent Office" granting "World Patents" will most likely remain a utopian idea but the Patent Cooperation Treaty (PCT) has successfully demonstrated how to emulate a "World Patent Office" processing "World Patent Applications". The current PCT only goes halfway towards the grant of a patent, hence, the logical step to handle an increase in patent applications would be to further develop the PCT towards a patent grant procedure. This has been recognized and in late 2000, the Assembly of the PCT Union decided to set up a special body to consider a formal request by the United States for a "Reform of the Patent Cooperation Treaty".

Putting Intellectual Property in its Place - Rights Discourses, Creative Labor, and the Everyday (Hardcover): Laura J. Murray,... Putting Intellectual Property in its Place - Rights Discourses, Creative Labor, and the Everyday (Hardcover)
Laura J. Murray, S. Tina Piper, Kirsty Robertson
R3,503 Discovery Miles 35 030 Ships in 12 - 19 working days

Putting Intellectual Property in its Place examines the relationship between creativity and intellectual property law on the premise that, despite concentrated critical attention devoted to IP law from academic, policy and activist quarters, its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, non-linear, or illusory than is often presumed. Through a series of case studies focusing on nineteenth century journalism, "fake" art, plant hormone research between the wars, online knitting communities, creativity in small cities, and legal practice, the authors discuss the many ways people comprehend the law through information and opinions gathered from friends, strangers, coworkers, and the media. They also show how people choose to share, create, negotiate, and dispute based on what seems fair, just, or necessary, in the context of how their community functions in that moment, while ignoring or reimagining legal mechanisms. In this book authors Murray, Piper, and Robertson define "the everyday life of IP law", constituting an experiment in non-normative legal scholarship, and in building theory from material and located practice.

The Moral Rights of Authors and Performers - An International and Comparative Analysis (Hardcover, New): Elizabeth Adeney The Moral Rights of Authors and Performers - An International and Comparative Analysis (Hardcover, New)
Elizabeth Adeney
R13,753 Discovery Miles 137 530 Ships in 12 - 19 working days

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitionersmight take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

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