This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. From Platonic mimesis to Shakespeare's 'borrowed feathers', culture was produced under a paradigm in which imitation, plagiarism, and social authorship formed key elements of the creative moment (the 1st paradigm). However, the cumulative nature of creativity is rarely accounted for in modern copyright policies, which build upon a post-Romantic individualistic view emphasizing absolute originality rather than imitation (the 2nd paradigm). Today, in an era of networked mass collaboration and user-based creativity, the enclosure of knowledge brought about by an ever-expanding copyright paradigm seems archaic, and a deliberate defiance of inevitable cultural evolution. Giancarlo Frosio calls for returning creativity to an inclusive rather than exclusive process, so that the 1st and 2nd creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to those interested in both the history and future of creativity and copyright.

'A refreshing and thought-provoking addition to IP scholarship, Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access.' - Hazel Carty, University of Manchester, UK Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. sing examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.

Irene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.' - Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US'Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.' - David Llewelyn, Singapore Management University and King's College London, UK 'An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.' - Frederick Mostert, University of Oxford, UK and Past President of the International Trademark Association The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: - A comprehensive overview of legal and policy-related issues - A blend of approaches underpinning strategic considerations with analytical rigour - Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions - Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field. Contributors: L. Anderson, N. Binctin, G. Buhler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Hoepperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo

The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies. Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed. Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies. Contributors include: A. Alen-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem Lindroos

Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analyzing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licenses, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties. With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners. Contributors include: O. Kokoulina, B. Lundqvist, M.J. Madison, T. Minssen, C.S. Petersen, T. Riis, O.-A. Rognstad, J. Schovsbo, S.F. Schwemer, H. Udsen, E. van Zimmeren

This volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.

The music business is a multifaceted, transnational industry that operates within complex and rapidly changing political, economic, cultural and technological contexts. The mode and manner of how music is created, obtained, consumed and exploited is evolving rapidly. It is based on relationships that can be both complimentary and at times confrontational, and around roles that interact, overlap and sometimes merge, reflecting the competing and coinciding interests of creative artists and music industry professionals. It falls to music law and legal practice to provide the underpinning framework to enable these complex relationships to flourish, to provide a means to resolve disputes, and to facilitate commerce in a challenging and dynamic business environment. The Present and Future of Music Law presents thirteen case studies written by experts in their fields, examining a range of key topics at the points where music law and the post-digital music industry intersect, offering a timely exploration of the current landscape and insights into the future shape of the interface between music business and music law.

This research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached. Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource. Contributors include: E. Barham, D. Barjolle, L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng

This fully updated book offers a compact and accessible account of EU intellectual property law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU's programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP's relationship with the EU's rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of intellectual property is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

This timely book provides a comprehensive survey of recent development in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field. Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement, and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners. Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read.

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

This second edition has been completely rewritten to reflect recent changes and new trends that have emerged since the popular first edition was published. Copyright law has become a fast moving area, which is reflected in the wealth and diversity of research. This comprehensive Research Handbook is situated at the cutting edge of current copyright research, with each chapter written by a leading author in that particular field. The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law. The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers. Contributors include: P.C. Aguila, F. Brison, S. Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J. Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi, S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A. Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees, C. Waelde

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science. Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi

Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work. Contributors: C. Archambeau, R. D'Erme, E. Derclaye, T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H. Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A. Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L. McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J. Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen, T. Takenaka, G. Van Overwalle, M. Vivant

The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor-state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.