This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys. Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Goeetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Muller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

A Guide to Intellectual Property Law covers the most common forms of intellectual property law, namely copyright, trademarks, patents and the delict of unfair competition.

The book closely follows the relevant legislation and contains explanations of the most important South African cases. The book also introduces the relatively new IP subjects of the internet, biodiversity and traditional knowledge and also includes a chapter on international IP law, in which the main treaties are summarised.

Aimed particularly at students and young professionals, more senior lawyers should also find it useful as a consolidated quick reference handbook.

Contents Include:

• Introduction to IP law
• Copyright
• Trademarks
• Offences & remedies in terms of the Counterfeit Goods Act 37 of 1997
• Patents
• Unlawful competition
• IP & the internet
• Biodiversity & traditional knowledge
• A comprehensive subject index for easy reference

This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

This title is the first to explore how authorship is changing in a digital age, particularly focusing on how restrictive copyright laws are endangering the future of culture. The act of creation requires us to remix existing cultural content and yet recent sweeping changes to copyright laws have criminalized the creative act as a violation of corporate rights in a commodified world. Copyright was originally designed to protect publishers, not authors, and has now gained a stranglehold on our ability to transport, read, write, teach and publish digital materials. Contrasting Western models with issues of piracy as practiced in Asia, "Digital Prohibition" explores the concept of authorship as a capitalist institution and posits the Marxist idea of the multitude (a la Antonio Negri and Michael Hardt, and Paulo Virno) as a new collaborative model for creation in the digital age. Looking at how digital culture has transformed unitary authorship from its book-bound parameters into a collective and dispersed endeavor, Dr. Guertin examines process-based forms as diverse as blogs, Facebook, Twitter, performance art, immersive environments, smart mobs, hacktivism, tactical media, machinima, generative computer games (like Spore and The Sims) and augmented reality.

In the absence of international rules governing parallel imports and exhaustion of intellectual property rights, issues arising in this context are left to the individual countries concerned. Asian countries, although generally more open towards parallel imports than Europe or the U.S., show marked differences both among their individual approaches and among the various intellectual property rights in question. Increasingly, permitting or blocking parallel imports of intellectually protected goods is regarded as a political decision to accommodate foreign pressure, domestic consumers, or right holders. Due to the diversity of legal regimes in the jurisdictions covered, reliable information on the regimes of parallel imports in Asia has been hard to come by. Now, Parallel Imports in Asia brings together the insight and experience of fourteen academics and practitioners in this specialized but highly significant field, each highly respected in his or her particular country. Two concise introductory chapters clearly present the economic and legal foundations of the subject matter. Then, thirteen chapters offer indepth analysis of exhaustion of intellectual property rights and parallel imports for each of twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam, Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong Kong, and India-plus the Australasian bloc. With this book, businesses in all of these countries-and in particular India and the Australasian countries-can assess the strength of their IP rights against parallel importation in other parts of Asia. All country reports are written in a uniform structure and take into account legal, political and economicconsiderations with respect to the parallel importation of patented, trademarked and copyrighted goods. A useful appendix provides a synoptically overview on the rules of parallel importation in Asia. While academics will find here a thought-provoking survey of an important but relatively unstudied area of intellectual property law, Parallel Imports in Asia will prove to be of greatest value to potential investors in Asia, particularly with regard to market separation and licensing agreements. It will also help practicing lawyers for globally operating companies to appropriately counsel their clients in this area of business decision making.

Trademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression. Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice. Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.

Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' IP rights.The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and 'intellectual' - such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work. Contributors: T. Aplin, S. Ericsson, J. Griffiths, A. Kur, N. Lee, S. Maniatis, A. Ohly, A. Quaedvlieg, G. Rinkerman, K. Schmitt, Y. Tamura, N. van der Laan, G. Westkamp

This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.

Intellectual Property Law in The Netherlands deals with IP rights, unfair competition law, internet-related aspects, and procedural law aspects. Since Dutch IP law is of an increasingly European character, the relevant EC law aspects and the decisions of the European Court of Justice are also discussed. This volume offers a practical guidance for both in-house counsels and IP lawyers who encounter Dutch IP law issues. Intellectual Property Law in The Netherlands covers an area that is practised in several law firms in The Netherlands. There are only a few, however, that provide the in-depth expertise that meets the degree of sophistication demanded by the international business community. Allen & Overy is unanimously recognized as one of the few belonging to the first tier of leading IP firms. The Amsterdam IP practice group closely co-operates with the IP departments of Allen & Overy in other countries, and Allen & Overy's cross-border CMT Group (Communications, Media, and Technology).

This Research Handbook explores contemporary intangible cultural heritage (ICH) from the perspectives of both law and heritage. It questions, probes and interrogates many different aspects of contemporary ICH, including the definitions and legal frameworks designed to safeguard it. In doing so the Research Handbook highlights not only gaps and inconsistencies, but also questions the relevance, of the legal framework as it applies to ICH itself. Each chapter is concerned with a different aspect of contemporary ICH, international treaties and the law, including the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. A diverse range of contemporary examples are explored, ranging from the local and global identity of migrant children, to language and the Berlin techno music scene. Taken collectively, and with its focus on ?'contemporary?' culture, this Handbook is a departure from the established discourse that tends to include some forms of heritage to the exclusion of others. The authors challenge the authority of existing legal instruments, expose their limitations and propose innovative ways in which contemporary forms of ICH can be safeguarded, whether via the law or other means. This innovative Handbook will be of great interest to academics researching the legal protection of ICH and the relationship between ICH, human rights, communities, identity and international trade. Those with an interest in the protection of a-typical intellectual property will also find this Handbook to be a source of valuable information. Contributors include: L. Belder, J. Blake, M. Blakely, A. Brown, J. Brown, N. Chipangura, L. Colomer, C. Cummings, Y. Donders, H. Enright, A. Figaroa, S. Harding, L. Lixinski, F. Macmillan, M. Pavis, J. Schofield, V. Vadi, J. van Donkersgoed, A. Vavaide, C. Waelde

This book evaluates the risks that China's intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country's innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.

Protecting the Brand, Volume I: Counterfeiting and Grey Markets is a handbook for law practitioners as well as business executives. It is a unique perspective of best practices in addressing issues around counterfeiting and grey markets - from a legal as well as a business point of view. The authors explore the threats posed by counterfeiting and grey markets to a variety of industries and illuminate what problems these may cause. Before setting forth the range of legal strategies for remedying incidents of counterfeiting and grey markets, the authors outline preventive measures businesses can take to combat the threats, and showcase some of the emerging technologies that can serve as enablers of Brand Protection's 3 IPR's (3 I's= Intelligence, Investigation, Innovation; 3 P's= Protection, Perseverance, Perpetuation; 3 R's= Remedy, Recovery, Rehabilitation).

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users' fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law. To prove the point, the book provides a comprehensive analysis of causes and effects of propertization in copyright history, comparing the impact of private and constitutional property doctrines in selected national experiences with the unsystematic propertization of EU copyright. The author argues for a systemization of EU copyright law, and provides practical examples of how propertization could help tackling the pitfalls of the harmonization process, achieving a greater interpretative coherence and a more stable copyright balance. Academics and policy makers engaged in the debate on EU copyright harmonization will find the multidisciplinary approach employed in this work compelling. Judges, practitioners and graduate students interested in deepening their knowledge of the construction of EU copyright will also find in this book an all-encompassing resource, rich in practical and theoretical insight.

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By its in-depth analysis and clear conclusions, Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements. Lucie Guibault is Senior Researcher at the University of Amsterdam's Institute for Information Law (IViR). Ot van Daalen is an attorney with the firm of De Brauw Blackstone Westbroek in Amsterdam. This is Volume 8 in the Information Technology and Law (IT&Law) Series

Although the commercial activity of merchandising - the use of names or images or other representative elements to enhance the promotion or sale of products or services - has been known for over a century, it is only since the latter years of the 20th century that it has been significant enough to merit treatment as a distinct subject of intellectual property law. Yet, to date, no specific law governing merchandising exists in any country. This book asks if such a law should exist-specifically, a uniform law at the international level. The book focuses on the legal strategy and monitoring of merchandising campaigns of a cross-border nature in 17 European countries. Drawing on the local expertise of contributing authors from each country, it presents a detailed comparative analysis of the manifold legal issues related to merchandising practices. These include the following: the inadequacy of trade mark licenses to encompass the "affinity" motive of the purchaser of merchandising; the overlapping rights of a manufacturer and a merchandiser in the same product; deficiencies in unfair competition law concerning merchandising; the question of whether merchandising symbols could be registered in a manner analogous to (but distinct from) trade marks; the question of whether copyright law may be extended to protect the merchandising use of a copyrighted or copyrightable element; the ownership of merchandising rights; and the question of whether a merchandising right can persist after the protection of the symbol itself has lapsed. "Character Merchandising in Europe" marshals evidence that merchandising law, although it can hardly be said to exist as such, is nonetheless implied in an extensive body of pronouncements from the various fields of intellectual property law. This perception is supported by the first judicial decision on the protection of merchandising activities, recently rendered by the European Court of Justice and supplied in full text as an annexe to this volume.

Democracy of Sound is the first book to examine music piracy in the United States from the dawn of sound recording to the rise of Napster and online file-sharing. It asks why Americans stopped thinking of copyright as a monopoly-a kind of necessary evil-and came to see intellectual property as sacrosanct and necessary for the prosperity of an "information economy." Recordings only became eligible for federal copyright in 1972, following years of struggle between pirates, musicians, songwriters, broadcasters, and record companies over the right to own sound. Beginning in the 1890s, the book follows the competing visions of Americans who proposed ways to keep obscure and noncommercial music in circulation, preserve out-of-print recordings from extinction, or simply make records more freely and cheaply available. Genteel jazz collectors swapped and copied rare records in the 1930s; radicals pitched piracy as a mortal threat to capitalism in the 1960s, while hip-hop DJs from the 1970s onwards reused and transformed sounds to create a freer and less regulated market for mixtapes. Each challenged the idea that sound could be owned by anyone. The conflict led to the contemporary stalemate between those who believe that "information wants to be free" and those who insist that economic prosperity depends on protecting intellectual property. The saga of piracy also shows how the dubbers, bootleggers, and tape traders forged new social networks that ultimately gave rise to the social media of the twenty first century. Democracy of Sound is a colorful story of people making law, resisting law, and imagining how law might shape the future of music, from the Victrola and pianola to iTunes and BitTorrent.

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

This book covers the different aspects, such as patents, trademarks and copyright of Intellectual Property (IP) from a more practical business perspective. Intellectual Property and Assessing its Financial Value describes the differences between regions, mainly the differences between the US and EU. In addition, several tools are presented for assessing the value of new IP, which is of importance before engaging on a new project that could result in new IP or for licensing purposes. The first chapter introduces the different types of IP and illustrating the business importance of capturing and safeguarding IP, the second chapter discusses patents and other forms of IP with subsequent chapters exploring copyright and trademarks in more detail, and a concluding chapter on the future of systems that can assess new IP value.
Introduces IP and various features from a business perspectiveIncludes tools to assess the value of new IP Provides a comprehensive and practical insight into IPExplores other forms of IP including designs, models, breeders rights, and domain namesOffers an applied approach to IP and systems to evaluate the value of new IP"

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

'This is an important addition to the growing volumes of literature on Chinese intellectual property law. The book provides an excellent selection of essays written by well-known academics and policy makers that sheds light on the process of innovation shaped by national policies and makes readers re-think the role of law in fostering innovation. This is a must read for those who wonder to what extent the stereotypical image of China as the intellectual property norm receiver still holds true.' - Nari Lee, Hanken School of Economics, Finland 'This book is jointly created by leading experts from China, Australia, the US, UK and Ireland. Working in academic, governmental and judicial sectors, these authors navigate the topics from the wide realms of law, economics, international relations, government policies, practical issues, industrial fieldworks and comparative studies. The study is very detailed and unique, and presents a fresh, holistic and international study of the contexts and specifics of China's innovation policies, intellectual property strategies and industrial development trends, which as a whole, may remain largely unknown. Western readers who are interested in China's knowledge-based economy should not miss out on this authoritative book.' - Liu Chuntian, President, China Intellectual Property Law Society, Dean of Intellectual Property School, Renmin University of China, Beijing China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of 'insiders' perspectives' from China, with the analysis of international scholars. With contributions from leading authors - including Dr Kong Xiangjun, President of the Intellectual Property Tribunal at the Supreme People's Court of China this book is the first comprehensive response to a highly controversial and largely under-developed field of inquiry. It seeks to unveil and understand the complexities and challenges that confront China's innovation economy, setting out the cultural and historical context, the strategies that form the basis for this evolution, and the measures China has at its disposal to protect intellectual property. The book will be hugely valuable to all those who have interest in China s development, and seek to understand the likely path of China's future economic models and legal reforms. Offering a holistic perspective combining global, domestic and cultural-historical spectrums, it will also prove a key resource for Intellectual property scholars and lawyers. Contributors: Z. Deng, X. Feng, S. Grimes, P.S.Hofman, M. Keane, X. Kong, A. Newman, K.Shao, W. Shi, L. Yang, P.K.Yu, Z. Zhang, D.U. Weike

For this comprehensive collection, the editor has brought together key readings on the subject of the law and economics of intellectual property rights - patents, copyrights and trademarks. It provides a judicious selection of the most important published research on this crucial topic, drawing equally from the law and economics literature. It thus brings together frequently cited classic articles that are rarely encountered in a single published source. The articles have been selected on the basis of three primary criteria: their continuing influence in legal and economic discussions; their longevity (important in a field where the volume of published work is very large and growing very quickly); and their relevance to contemporary theoretical and policy debates. The chosen writings delve deeply into theory, empirics, and institutional detail, ranging from Edwin Mansfield's early, influential study on patents and imitation costs, to very recent work on the relationship between copyright law and the first amendment. This collection makes an indispensable desk reference for scholars of intellectual property rights.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

This research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.