This research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

This book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.' - Philippe Cullet, University of London, UK'Camena Guneratne's thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic 'commons' from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.' - Paul Martin, University of New England, Australia 'This is a wonderful book. All to often in the quest to preserve biodiviersity, we forget that the equation of equity hs to be the forefront of the debates on sustainable development. Dr. Guneratne rectifies this mistake.This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' - Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favor private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase. The Protection of Traditional Knowledge on Genetic Resources analyzes various means of protection for traditional knowledge that cohere with Rawls? and Coase?s specific objectives regarding fairness and efficiency. It utilizes flexibilities provided by binding international conventions in the field in order to propose alternative methods to protect different forms of traditional knowledge. Frantzeska Papadopoulou reaches the conclusion that property, liability and reward systems are forms of protection that fulfill the fairness and efficiency criteria whilst remaining compliant with the general international legal framework. This book is ideal for international property law and development academics and policy makers, especially those working on international property rights (IPRs), as it proposes a novel methodological framework for the evaluation of IPRs.

This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health Organization's PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.

Design occupies an important place in the modern world, and European legislatures have made many attempts, both technical and legal, to protect works of design. The proposals by the European Community for a Directive and Regulation in this area are a response to the widely perceived need for a homogeneous and systematic protection of designs. These initiatives, however, should be considered in light of the many interests at stake and the various solutions proposed in the wake of the Community's past experience in the field of patents and trademarks. This commentary presents both an analysis of the complete texts of the proposals in their "historical" context through annotation of the preparatory stages in the legislative process, as well as an in-depth interpretation of the provisions, seen through the eyes of some of the leading experts in the field.

Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.

Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members' rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs' monopoly, members' rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators' interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC's monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. Not only are new words and phrases being coined as technology changes and the law follows, but also the international scope of intellectual property means that IP lawyers will encounter foreign words and phrases. With over 1000 expressions defined clearly and entertainingly, this book should be the first reference point to understanding intellectual property terminology. It will be particularly helpful to practitioners when they encounter expressions they have not seen before which they need to understand the true meaning and definition of. Students finding unfamiliar terminology and concepts will also appreciate the instant explanation available from this essential resource.

This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. The challenge of revealing the subject s full scope to the interested tyro and yet making experts wonder how they had somehow overlooked this or that critical article is fully met. Professors Dinwoodie and Janis and their publisher deserve thanks for bringing this treasure trove within reach of all with an interest in why and how brands are regulated.' - David Vaver, Osgoode Hall Law School, Canada and University of Oxford, UKThis comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organized in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics. 44 articles, dating from 1925 to 2010 Contributors include: B. Beebe, L. Bently, R.S. Brown Jr., W. Cornish, R. Dreyfuss, A. Kur, J. Litman, R. Posner, F. Schechter

This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

The book examines the correlation between Intellectual Property Law - notably copyright - on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines - economic geography, health law, business, philosophy, history, public health, management - examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.

The Routledge Companion to Remix Studies comprises contemporary texts by key authors and artists who are active in the emerging field of remix studies. As an organic international movement, remix culture originated in the popular music culture of the 1970s, and has since grown into a rich cultural activity encompassing numerous forms of media. The act of recombining pre-existing material brings up pressing questions of authenticity, reception, authorship, copyright, and the techno-politics of media activism. This book approaches remix studies from various angles, including sections on history, aesthetics, ethics, politics, and practice, and presents theoretical chapters alongside case studies of remix projects. The Routledge Companion to Remix Studies is a valuable resource for both researchers and remix practitioners, as well as a teaching tool for instructors using remix practices in the classroom.

Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.

First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical 'birth of the author' or the language-based post-structuralist 'death of the author.' Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.

The special issue of the "Comparative Law Yearbook of international Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, "inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commetaries on the most recent developments in various jurisdictions, including the approach of the European Union to the problems raised by e-commerce. They discuss the difficulties in relation to jurisdiction arising from the global nature of Internet and the possibilities for dispute resolution between multi national parties to an electronic transaction. The topic is obviously one that will require much attention in the coming years and one which will need strict regulation if electronic commerce is destined to become the trading medium of the future.

This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels. Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law. Contributors: C.M. Correa, J. Drexl, C. Geiger, D. Gervais, J. Gibson, J. Griffiths, H. Grosse Ruse-Khan, R.M. Hilty, H.-G. Koch, D. Lefranc, D. Matthews, T. Mylly, A. Ohly, A. Peukert, M.R. Roudaut, J. Schmidt-Szalewski, A. Wechsler, G. Westkamp, P.K. Yu

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data. With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Severine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang Micklitz