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.

At head of title: Commission of the European Communiites.

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

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.

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 second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe. Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, US

Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory - which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) - this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the 'functional approach' to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The author's in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

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.

This book examines intellectual property (IP) as an important value driver for start-ups. Businesses of all sizes are inevitably confronted with intellectual property issues at some point, but start-ups and their collaborators face unique challenges and opportunities in IP management. Identifying, generating, and exploiting intellectual property can lead to sustainable competitive advantages and avoidance of risks. Many start-ups sense the complexity of IP management and therefore place their energy elsewhere. However, the clear conclusion to be drawn from this unique collection of contributions is that putting an IP management strategy in place is critical to the successful development of a business. Prof. Dr. Martin A. Bader and Prof. Dr. Sevim Suzeroglu-Melchiors have years of experience as consultants, entrepreneurs, business owners, and researchers where they saw firsthand the need for a comprehensive yet practical resource for start-ups and their key stakeholders. This book explores different perspectives in dealing with IP from six different angles: the start-up's view, the investor's view, the corporation's view, the university's view, the global IP office's view, and the advisor's view. Each section consists of chapters written by leading experts from around the globe including Silicon Valley, Canada, Israel, Switzerland, Germany, Finland, France, Australia, Brazil, India, Japan, Singapore, and South Africa. Contributors bring practical experience from a wide range of sectors, such as information and communication technology, software, artificial intelligence, machine learning, cybersecurity, industrial automation, internet of things, life sciences, pharma, crop science, biotech, medtech, mining, sustainability, climate tech, and even quantum technologies. This timely publication serves as a guidebook for entrepreneurs and other key stakeholders in the start-up ecosystem. It empowers founders to develop their own IP management strategy to mitigate risk, create and capture value, and lay the groundwork for sustainable growth. An essential reference for start-ups to achieve business excellence. "This edited book volume offers valuable insights, bringing together perspectives of key stakeholder groups from a wide variety of innovation ecosystems - an invaluable resource." -Carsten Fink, Chief Economist, World Intellectual Property Organization, Geneva "A timely book for those wanting a clear overview of the issues the different players encounter in the start-up ecosystem. A useful resource indeed. Congratulations to the editors and team."-Audrey Yap, Managing Partner YUSARN AUDREY LLC, Past President LESI, Chairman Singapore Innovation & Productivity Institute, Singapore "A 'must read' for all innovators in the start-up world. It is truly a fantastic book and one I would recommend being bought and read (in full)!"-Laurence Freeman, Professor (Adjunct), CU Denver Business School, Jake Jabs Center for Entrepreneurship, Denver, Colorado, United States

Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators. Contributors: R. Arnold, M.A. Bagley, B. Domeij, J. Drexl, R.C. Dreyfuss, C.R. Fackelmann, T. Imura, R. Iseki, N. Lee, R. Moufang, H. Ullrich

This completely revised and expanded edition recognises the growing importance of patent systems and documentation from Asia, South America and Africa. The most prominent patent systems from these regions are treated individually, together with revisions to existing country coverage and an overview of IP developments in general. This is an essential reference tool for librarians, information specialists, data analysts and others seeking to use patent information either at the document level or in bulk.

A brand is more than a snazzy logo - but what else is there to consider when building a brand? Do you really need a brand for business success? And what has intellectual property got to do with anything? A strong, authentic brand is what makes your business stand out from the crowd - and what drives long term success. But the branding industry can be an overwhelming minefield, full of conflicting advice and multiple disciplines - so how do you navigate your way through the process? That's where Brand Tuned comes in. With the step-by-step TUNED methodology, you will: * define your brand to drive the business forward and help it stand out * know what brand promise will attract your ideal client * pick a name that will put you "front of mind" * ensure that the design elements you choose are distinctive and 'ownable' * train your team to live the brand. Drawing from evidence-based research, interviews with experts, and years of experience supporting businesses, Brand Tuned is the first branding guide written by an intellectual property lawyer who specialises in trademarks and brands. By incorporating the principles of intellectual property law right from the start of the process, branding expert Shireen Smith will show you how to create and build the brand that is right for you and your business - while avoiding the potential pitfalls. Shireen Smith is an intellectual property lawyer specialising in trademarks and brands, with years of experience in marketing small businesses. Her TUNED framework is designed to guide you to create a brand that attracts sales for the long term.

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 Hague Agreement has provided international protection for industrial designs since 1925. The latest of several revisions, agreed upon at Geneva in 1999, is operational as of April 1, 2004, under the administration of the World Intellectual Property Organization (WIPO). The global protection of industrial designs, accommodating all forms of national protection systems, will be based on this treaty. This in-depth analysis by William T. Fryer, III, a well-known Professor of Law and patent attorney who participated [and participant] in the meetings and diplomatic conference that led up to the 1999 Act (as well as in subsequent user meetings), is unlikely to be superseded. It presents a detailed drafting history and expert analysis, as well as incomparable strategic guidance for attorneys, businesses, and governments in the implementation of the Act's provisions. Readers can expect all of the following and more: an overall understanding of how the 1999 Act operates to amend and update the Hague Agreement;

• expert analysis of the Act's key features;
• detailed exploration of the Act's drafting history;
• strategic insights into using the Act's provisions to protect industrial designs;
• guidance for governments considering adherence to the Act; and
• a source book for the main treaty documents.

Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media and entertainment law professionals. It is is designed to respond to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond. The special survey in this yearbook focuses on definitions of film and there are in-depth articles on topical subjects such as the Microsoft judgment and the impact of The Human Rights Act and the Data Protection Act.

The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law. Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Sithigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. Williams

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter "SSA" or "Africa"). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.' - Kirsten Anker, McGill University, Canada'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.' - Graham Dutfield, University of Leeds, UK Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities. Contributors: F. Adcock, B.B. Arnold, S. Bannerman, J. Bannister, M. Barelli, A. Daly, J. de Beer, R. Dearn, D. Dylan, S. Gray, M. Hardie, S. Holcombe, T. Janke, C. Ncube, C. Oguamanam, M. Rimmer, D. Rolph, S. Rosanowski, M. Sainsbury, A.G. Siswandi, B. Tobin, R. Tushnet, W. van Caenegem, T. Voon

This book is a reflection on domestic intellectual property lawmaking from a developing country's perspective. It focuses on Sri Lanka-a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka's obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka's domestic intellectual property regime to better address the country's domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).This topical volume deals with the processes through which TRIPS compliance was achieved in four developing country jurisdictions: Brazil, China, India and Thailand. More importantly, it analyses the macro and micro implications of TRIPS compliance for innovative activity in industry in general, but focuses specifically on the agrochemical, automotive and pharmaceutical sectors. This unique volume will appeal to a wide range of scholars working on development, evolutionary economics and technology. Contributors: T. Caliari, P. Charoenporn, S. Chaudhuri, S. Hong, P. Intarakumnerd, S. Mani, R. Mazzoleni, L. Nagarajan, R.R. Nelson, L. Martins Costa Povoa, C. Pray, V.K. Unni