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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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 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.
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.
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 is the best industry-focussed legal textbook I've seen. Rosie covers a lot of ground and navigates complex areas of law in plain English. The book is accessible, well-structured and highly relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A refreshingly insightful overview of the legal challenges and opportunities facing fashion businesses operating today in Europe. It condenses vast realms of information into digestible and practical summaries, all written in a modern and commercial voice that enthuses passion for this fabulous industry.' - Head of Legal, Online Fashion Business, UK European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. Readers will benefit from: The logical and easy-to-follow structure which highlights relevant legal considerations at each stage in the development of a fashion business First-hand, practical guidance on commercial issues associated with the fashion industry, including: how to avoid costly legal disputes, launching a website and working with third parties Advice on how to protect a company's intellectual property at each stage of business development: from registering designs to combating counterfeits A concise overview of relevant EU legislation and case law as it applies in practice. This inherently practical book will be a helpful go-to guide for those running a fashion business and for their in-house legal teams. For lawyers in practice the book will be useful point of reference when advising fashion and retail clients. For students of fashion, design, retail, or intellectual property, this book will provide a practical grounding to accompany academic studies.
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.
-A field leading comprehensive textbook for communication law and media law courses in the US, appealing to students in communication, mass media, journalism, and PR career paths -Frequent new editions allow for current coverage of key laws, decisions, and cases regarding social media, libel, obscenity, political and commercial speech, and privacy -Text addresses itself to students without a lot of legal knowledge, providing accessible text, clear definitions, and concise summaries of key points -Breakout boxes apply principles to everyday life and professional situations, providing advice and sample cases -Online resources include test bank and PowerPoint slides
-A field leading comprehensive textbook for communication law and media law courses in the US, appealing to students in communication, mass media, journalism, and PR career paths -Frequent new editions allow for current coverage of key laws, decisions, and cases regarding social media, libel, obscenity, political and commercial speech, and privacy -Text addresses itself to students without a lot of legal knowledge, providing accessible text, clear definitions, and concise summaries of key points -Breakout boxes apply principles to everyday life and professional situations, providing advice and sample cases -Online resources include test bank and PowerPoint slides
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.
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.
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
Using a multi-disciplinary and comparative approach, this study examines emerging and innovative attempts to tackle privacy and legal issues in cloud computing such as personal data privacy, security and intellectual property protection. An international team of legal scholars, computer science researchers, regulators and practitioners present original and critical responses to the growing challenges posed by cloud computing. They analyze the specific legal implications pertaining to jurisdiction, biomedical practice and information ownership, as well as issues of regulatory control, competition and cross-border regulation. Law academics, practitioners and regulators will find this book to be a valuable, practical and accessible resource, as will computer science scholars interested in cloud computing issues. Contributors: H. Chang, A.S.Y. Cheung, A. Chiu, K.P. Chow, E.S. Dove, X. Fan, Y. Joly, T.S.-H. Kaan, B.M. Knoppers, J. Kong, G. Master, J.-P. Moiny, C. Reed, D.N. Staiger, G.Y. Tian, R.H. Weber, P.K. Yu
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
Thanks to digitisation and the Internet, preservation of and access to our cultural heritage - which consists of works protected by copyright and works in the public domain - have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library. Copyright and Cultural Heritage will appeal strongly to both academics and practitioners of intellectual property as well as to policymakers - as it proposes modifications to copyright law in the UK and beyond. This book will also provoke thought amongst associated and interested parties from industry and those using, managing or distributing content.
This insightful and important new book explores the role played by Non Governmental Organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and to postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies. |
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