After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.

The concept of creativity, together with concerns over access to creativity and knowledge, are currently the subject of international debate and unprecedented public attention, particularly in the context of international developments in intellectual property laws. Not only are there significant developments at the legal level, with increasing moves towards stronger and harmonized protection for intellectual property, but also there is intense public interest in the concepts of creativity, authorship, personality, and knowledge. In Creating Selves, Johanna Gibson addresses strategic responses to intellectual property, and suggests alternative models for encouraging, rewarding, and disseminating creative and innovative output, which are built upon a critical analysis of and approach to the debate and to the concept of creativity itself. Drawing upon critical theories in authorship, literature, music, the sciences and the arts, Gibson suggests a radical re-consideration of the notion of creativity in the intellectual property debate and the means by which to encourage and sustain creativity in contemporary society.

-Thorough and accessible coverage of both law and ethics in the communication and media professions -Can be used for undergraduate and graduate course focused specifically on law, and is also ideal for programs that incorporate ethics into law course -Practical case study driven approach with fresh coverage of international law, social media, and digital communication technologies -Online resources include PowerPoint slides, study guides, and instructor materials

"The World Intellectual Property Organization "aims to introduce a much ignored element of the contemporary structure of global governance to scholars of international political economy. The book discusses:
- How WIPO works, its antecedents and history
- The debates about the role and justification of intellectual property
- The role of WIPO within contemporary global politics.
- The key elements of its relations with the World Trade Organization,
- The Agreement on Trade Related Aspects of Intellectual Property Rights.
The analysis then examines the recent political economy of the organization and argues that far from being the neutral or technical agency that it often presents itself as, the WIPO is highly politicized and acts to socialize policy makers and civil servants into a specific view of intellectual property. However the recent proposal to establish a Development Agenda at the WIPO is an important development, and the book concludes by examining the problems which has promoted this agenda and suggesting that the politicization of the WIPO should be welcomed.
The World Intellectual Property Organization is a clear and accessible volume that will confirm the WIPO as one of the global institutions which any student of global governance must understand.""

This authoritative collection reprints the key articles in the field of the economics of patents. The editor's selection, contextualised by a comprehensive introduction, examines the classic literature on the design and evolution of the patent system, the now well-established body of work on the use of patent statistics as a measure of invention and technological change, and the new interest in the analysis of corporate patenting. Volume I explores the nature of the patent system, the breadth of patent scope, and the historical foundations of patenting. It goes on to cover overall macro-trends and sectoral patterns of patenting over long periods, as well as critical appraisals of the use of patent statistics. Volume II addresses topics such as firm motivations to patent, the valuation of patents, and determinants of variations in the propensity to patent. It concludes with the analysis of corporate technological profiles, and patterns of knowledge flows, science-technology relationships and social networks.

Chretien de Troyes uses repeated references to Spain throughout his romances; despite past suggestions that they contain Mozarabic and Islamic themes and motifs, these references have never been commented upon. The book will demonstrate that these allusions to Spain occur at key moments in the romances, and are often coupled with linguistic "riddles" which serve as roadmaps to the manner in which the romances are to be read. These references and riddles seem to support the idea that some of their themes and motifs in Chretien's romances are of "Andalusi" origin. The book also analyzes Chretien's notion of "conjointure" and shows it to be the intentional elaboration of a sort of "Mischliteratur," which integrates Islamic and Jewish themes and motifs, as well as mystical alchemical symbolism, into the standard religious and literary canons of his time. The contrast afforded by Chretien's use of irony, and his subtle integration of this "matiere d'Orient" into the standard canon, constitutes a carefully veiled criticism of the social and moral conduct, as well as spiritual beliefs, of twelfth-century Christian society, the crusading mentality, chivalric mores, and even the notion of "courtly love," The primary interest of the book lies in the fact that it will be the first to comment upon and analyze Chretien's references to Spain and the rich "matiere d'Orient" in his romances, while suggesting channels for its transmission, through scholars, merchants, and religious houses, from northern Spain to Champagne.

This book examines how debates over copyright law in the United States during the nineteenth century, particularly over the lack of an international copyright law, intersected with the business practices and political and artistic beliefs of American authors. These debates shaped a discourse of literary property rights that forced authors to negotiate their copyrights not only with their publishers, but with their readers as well. The author argues that the act of taking out a copyright was more than a mere legal mechanism marking a transition from amateur to professional or artist to businessperson. Taking out a copyright had a profound impact on how audiences viewed authors, how authors perceived their profession, and how they represented individual rights and property ownership within their texts. The book is unique in the scope of its research, tracking developments from the 1820s through the 1890s, and in the way it approaches the work and careers of well-known authors. The author employs research from the American Antiquarian Society, the Harriet Beecher Stowe Center, and the Government and Special Collections at the University of Iowa, drawing on an array of documents including newspaper editorials, legislative hearings, court decisions, and the public and private writing of James Fenimore Cooper, Walt Whitman, Harriet Beecher Stowe, Samuel Clemens, and Emily Dickinson to demonstrate how authors found themselves in an uneasy opposition to their reading public.

This book challenges the prevailing view of cinema and cinema culture that Hollywood/the US creates, produces and exports, with other countries importing, sometimes modifying and sometimes pirating 'original' American work. Instead the book argues that the 'original ideas' which underpin the moneymaking activities of the 'creative industries', and for which 'ownership' is secured through copyright, are often imported, 'borrowed' and modified by Hollywood itself from other cultures and national cinemas. The book considers especially Chinese and Korean cinema, and film 'piracy' in these countries, to show that ideas of cultural ownership and copyright are not as straightforward as they may at first seem, and that copyright is perhaps primarily a lever through which cultural control is exercised by the cultural big business of the dominant power.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

This title was first published in 2003: Law changes rapidly. Since the first edition of this book in 1991 there have been tremendous changes - European Union measures, a new Defamation Act and Data Protection Act, amendments to copyright, and new problems from the Internet. This second edition has been comprehensively revised and updated to reflect these changes. Copyright, patents, and confidential information are marketable commodities needing the protection of law. This is not a book for the legal specialist but a readable guide to information law for those in the information management field. It includes many examples of legal cases and helpful explanations of the different kinds and causes of legal action. One chapter is devoted to electronic data issues and two to copyright abroad and transnational protection of intellectual property. Whilst the main emphasis is on copyright - written, visual, musical and multimedia - other areas of intellectual property, particularly patents, are discussed, and advice given on trade marks, passing off and related issues. The author explains the legal principles of data protection and privacy, libel, freedom of information, official secrets, censorship, obscenity, blasphemy, and racial hatred. Full statute and case references are included in the book. Information scientists, librarians and others in modern information and media management will find this book an invaluable reference for what they can and can't do with information they manage and distribute.

As technology and the idea of distance education is rapidly changing, so too must the law that protects copyrighted material. In 2003 U.S. copyright law was amended with the legislation now known as TEACH (Technology Education and Copyright Harmonization). Tomas Lipinski discusses these changes to copyright law and how they may ultimately affect traditional distance classrooms. Providing a step-by-step explanation of the law and how it impacts these pedagogical issues, Lipinski discusses instructor ownership issues, a general application of "fair use," and other issues that will inevitably arise when technology, intellectual property, and education all intersect. Tomas Lipinski is a lawyer, and he approaches these volatile (and very new) issues from a legal perspective. This book, however, is written in intermediate terms that will make it accessible (as well as necessary) to the distance educator and administrator. As the framework for distance education and technology (particularly copyright) law is now set in place, this book will prove an invaluable resource for years to come.

This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.

This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable. Contributors include: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Diaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van Eechoud

Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, "Intellectual Property and Information Control" provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property. As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.

Advanced technology has resulted in the proliferation of all kinds of popular symbols and illustrations; but sorting out which are protected by the law, and which are merely familiar scribbles can be a confusing and laborious task. This question is answered, as well as many others about contemporary trademark law, in this accessible guide by Timothy Wherry. Information seekers are directed through the process of verifying that a trademark is registered, and given a history of the trademark and important trademark court cases. A useful FAQ section answers some common questions about trademarks. Wherry's work also includes useful listings of U.S. and international trademark classifications, and is a fitting tool for entrepreneurs, librarians, and law students alike.

The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.Methods and Perspectives in Intellectual Property portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by, amongst other things, use of historical, comparative and empirical analysis. The book highlights the emergence of law and economics in the US as one of the dominant paradigms through which to consider intellectual property law, but also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research. Methods and Perspectives in Intellectual Property will prove valuable for professors, researchers, policymakers and students in intellectual property law as well as other related areas. Contributors: A. Adewopo, M. Barczewski, N. Bruun, I. Calboli, M. Chon, E. Derclaye, G.B. Dinwoodie, Y.M. Gadallah, C. Geiger, G. Ghidini, A. Griffiths, P. Johnson, D. Py , A. Rahmatian, M. Senftleben, D. Tan, M.A. Wilkinson

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

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.

This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.

Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

This book provides international and domestic perspectives on the law of copyright and is led by a foreword on the future of copyright by Dr Francis Gurry, Director General of WIPO and a chapter on the lessons for copyright policy in classical Roman law, by Justice Arthur Emmett. The body of this collection covers current perspectives in the digital age, from the application of the Berne Convention, to time shifting and intermediary copyright liability, as well as perspectives from developing and developed countries covering laws, user rights, open access, government use of copyright material and the use of the criminal law to proscribe copyright infringement.

This authoritative four-volume collection presents the most important published articles and papers on the economics of intellectual property - a subject that is of increasing interest to both economists and lawyers. Publication is timely in view of the growing interest in the relationship of innovation and knowledge to economic growth as well as the challenges to copyright being posed by the new electronic media. International in scope, this four-volume set will be an essential source of reference to both economists and lawyers concerned with the rapidly developing field of intellectual property.