This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.

Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law. Using interesting examples, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of appropriators, authors, consumers and owners. The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences. Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.

Copyright laws worldwide were created for a publishing world where books were tangible, printed in a limited number and sold within territory based markets. Technological changes are giving place to a new book market where books are intangible, exist in unlimited number of copies and travel worldwide in an increasingly global market. In this emerging global book market made possible by the conjunction of the Internet, e-book technologies, DRM and print on demand devices, the three important legal concepts traditionally used in copyright laws have become obsolete: territory, property and the Aristotelian idea of justice. These three concepts were well suited to the tangible book market but are no longer for the virtual book market where persons matter more than objects. This book invites the reader to explore the specific functioning of the virtual economy. It proposes guidelines to modernize copyright law so that it can foster an adequate use of new communication technologies. For the first time in History, the humankind has acquired a technology that allows to create a world of information affluence and freedom of speech or its opposite. This book explains why the option for abundance and freedom must prevail, how the law can support this movement and what would be, to the contrary, the disastrous consequences of the other option. This book goes beyond a simple reflection on the book market and considers the choice of society, even of civilization implied by the use, right or wrong, of the new communication technologies.

This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.

This book is the first wide-ranging guide to the key issues of intellectual property and ownership, genetics, biodiversity and food security. Proceeding from an introduction and overview of the issues, comprehensive chapters cover negotiations and instruments in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization, World Intellectual Property Organization, the International Union for the Protection of New Varieties of Plants and various other international bodies. The final part discusses the responses of civil society groups to the changing global rules, how these changes affect the direction of research and development, the nature of global negotiation processes and various alternative futures. Published with IDRC and QIAP.

This book provides a comprehensive, interdisciplinary and highly accessible introduction to water resource management, covering topics such as: the ecology of surface waters international regulations and economics stakeholder participation in management tools and methods for decision making integrated modelling decision making and water policies stakeholder participation and social issues. Experts across a wide range of specialist fields including social sciences, informatics, ecology and hydrology are brought together in this truly multidisciplinary approach to water management. They provide the reader with integrated insights into water resource management practices that underpin the three pillars of sustainable development - environment, economics and society - through a series of international case studies and theoretical frameworks.

This work presents an authoritative examination of the inter-relationships between the law, intellectual property rights, biodiversity protection, biotechnology and the protection of traditional knowledge. It includes twenty-eight chapters from dozens of international legal and scientific experts containing a comprehensive assessment of the issues complete with thorough references; and an essential references for all legal libraries, legal practitioners, science libraries, corporations involved in pharmaceuticals or biotechnology and conservationists and other NGOs. How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity.

While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.

This book offers a comprehensive, easy to understand guide for startup entities and developing companies, providing insight on the various sources of funding that are available, how these funding sources are useful at each stage of a company's development, and offers a comprehensive intellectual property strategy that parallels each stage of development. The IP strategies offered in this book take into consideration the goals that most startups and companies have at each stage of development, as well as the limitations that exist at each stage (i.e., limited available resources earmarked for intellectual property asset development), and provides solutions that startups and companies can implement to maximize their return on intellectual property investments. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by startups and companies across all industries. Readers will garner an appreciation for the value that intellectual property rights provide to a startup entity or company and will gain an understanding of the types of intellectual property rights that are available to companies and how to procure, utilize and monetize those intellectual property rights to help their company grow.

With the proliferation of Internet access, e-commerce systems are increasingly important as a new and effective method to distribute, transact, and exploit digital multimedia content. With the growth of multimedia content, management and protection become a critical issue, creating a need for digital rights management systems. Digital Rights Management for E-Commerce Systems highlights innovative technologies used for the design and implementation of advanced e-commerce systems facilitating digital rights management and protection. Through comprehensive coverage of the full range of technological, legal, and social issues related to digital rights management, this authoritative scholarly work provides researchers, practitioners, and students with a complete understanding of the most critical concerns of today's digital content industry.

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.

International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation. Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu

Although much has been written about the history of copyright and authorship in the eighteenth and nineteenth centuries, very little attention has been given to the impact of the development of other kinds of intellectual property on the ways in which writers viewed their work in this period. This book is the first to suggest that the fierce debates over patent law and the discussion of invention and inventors in popular texts during the nineteenth century informed the parallel debate over the professional status of authors. The book examines the shared rhetoric surrounding the creation of the 'inventor' and the 'author' in the debate of the 1830s, and the challenge of the emerging technologies of mass production to traditional ideas of art and industry is addressed in a chapter on authorship at the Great Exhibition of 1851. Subsequent chapters show how novelists Charles Dickens, Elizabeth Gaskell, and George Eliot participated in debates over the value and ownership of labour in the 1850s, such as patent reform and the controversy over married women's property. The book shows the ways in which these were reflected in their novels. It also suggests that the publication of those novels, and the celebrity of their authors, had a substantial effect on the subsequent direction of these debates. The final chapter shows that Thomas Hardy's later fiction reflects an important shift in thinking about creativity and ownership towards the end of the century. Patent Inventions argues that Victorian writers used the novel not just to reflect, but also to challenge received notions of intellectual ownership and responsibility. It ends by suggesting that detailed study of the debate over intellectual property in the nineteenth century leads to a better understanding of the complex negotiations over the bounds of selfhood and social responsibility in the period.

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists. Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field. Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement?s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume ? Research Handbook on the Protection of Intellectual Property under WTO Rules ? this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

The growing use of private labels in recent years has affected significantly the landscape of retail competition, with major retailers no longer being confined to their traditional role as purchasers and distributors of branded goods. By selling their own-label products within their outlets they are competing with their upstream brand suppliers for sales and shelf space. This unique relationship, and the continued strengthening of private labels, raises important questions as to their pro-competitive effects and possible negative effects.
This book provides an in-depth review of the range of competitive and intellectual property issues raised in connection with private brands in Europe and the US. It examines the development of private labels and their impact on retail competition, then moves on to focus on policy and questions the adequacy of current economic and legal analysis in light of the characteristics of own-label competition, and finally it presents a thorough evaluation of the legal issues in the field, including chapters on horizontal and vertical effects, dominance, mergers and acquisitions, intellectual property, copycat packaging and consumer welfare.
The book contains a collection of essays reflecting the debate on the impact of private labels upon competition, investment and innovation in the retail sector. The ideas and arguments underlying the articles have been developed through a series of seminars held in the Oxford Centre for Competition Law and Policy over the last three years. Participants in these seminars have included competition officials, law academics, practitioners and representatives from industry.

Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education, and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behavior of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.

The objective of this work is to understand the evolutionary process of economic and legal policies that brought international regime of private property rights over the common property resources, especially seeds and plant varieties. Unbalanced model of development would increase disparity in income and impact agricultural infrastructure development and environment sustainability. Though materialization of farmers' rights was fulfilled by a compromise arrived at between NGOs and Industry together, there are several grey areas both at the conceptual and the procedural levels that subordinate rights of farmers in reality. This monograph analyzes the impact of legal policy reforms during 'second green revolution' phase on farmers' customary rights and livelihood, particularly in the context of the extension of private property rights to plant varieties and seeds and migration of cultivators to the cities.