The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. Cheryl Foong articulates a conceptual framework for understanding this right in a dynamic communications environment, critically examines the similarities and differences in its implementation across the United States, the European Union and Australia, and draws out underlying themes that serve as lessons for reform. The author builds an analytical framework for the making available right that addresses copyright's underappreciated dissemination function - i.e. encouraging the dissemination of content to the public - in conjunction with its authorship function. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright's fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.

Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this technology, a central part of the debate focusing on the role of moral considerations in the patent system as a form of regulation. This fully revised and updated book examines this role and asks why in the context of biotechnological inventions, morality has become an important issue. It takes account of recent developments, including reference to the situation in Australia. By examining such specific recent cases, the author elucidates the moral concerns associated with modern biotechnology, thus providing an important contribution to the debate and a valuable resource for all those working in this exciting field.

When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.

The protection of intellectual property rights has become a major concern in recent years. The opportunities being seized, or lost, in areas such as computer software or biotechnology have captured most of the headlines but in every research facility, whatever the subject, there is an increased awareness of the importance to R & D management of a more commercial attitude. Keith Hodkinson has run Government sponsored "professional updating" courses for academic and industrial researchers and business executives. The practical questions raised there and the advice found most useful have all helped to make this guide a down-to-earth source of help which will be of immediate, profitable use to its readers. Appendices to the book as well as giving lists of useful names and addresses to contact also contain examples of draft letters, contracts and record forms and licensing negotiating checklists.

Now in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation. Clear, concise and critical, this book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change.

In order for the information society to realise its full potential, personal data has to be disclosed, used and often shared. This book explores the disclosure and sharing of data within the area of healthcare. Including an overview of how health information is currently managed, the authors argue that with changes in modern society, the idea of personal relationships with a local GP who solely holds and controls your health records is becoming rapidly outdated. The authors aim to encourage and empower patients to make informed choices about sharing their health data. They do this by developing a three-stage theoretical model for change to the roles of the NHS and the individual. The study generates debate to stimulate and inspire new models and policy, and to provoke new visions for the sharing of healthcare data. Such discussion is framed through an exploration of the changing concept of 'privacy' and 'patient control' in healthcare information management. The volume draws on best practices from Europe and the USA and combines these to form a suggested vision for the UK as an early adopter of change. The volume will be essential reading for academics in the field of privacy and data protection, as well as healthcare and informatics professionals across different jurisdictions.

This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to invent life forms from scratch.

The proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies. This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners. Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. Yadin

What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.

This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU's 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account. Key features of the updated second edition include: Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators Updated review of the European Court's case law that serves to interpret the Directive Expanded foreword by Dr Joerg Reinbothe, the architect of the Directive. Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate. Contributors include: P. Adamsson, P. Akester, T. Aplin, S.L. Azzopardi, J. Bordans, A. Demetriades, W.Z. Dziomdziora, S. Ercolani, N. Epaminonda, M. Ficsor, P.M. Grimaud, K. Harenko, E. Ivanauskiene, J. Jost, G. Kadlecova, P. Kamina, V. Krizova, M.G. Leon, B. Lindner, K. Manhaeve, B. Michaux, V. Naslund, S. Olsovsky, F. Philapitsch, A. Quaedvlieg, L. Scales, M. Schaefer, T. Schiltz, P. Schonning, T. Shapiro, V. Sokolov, M. Trampuz, E. Vagena, M. Valousek, I. Veiksa, M. Voican, R.M. Vuckovic

Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.

If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn't copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

Although much has been written about innovation in the past several years, not all parts of the innovation lifecycle have been given the same treatment. This volume focuses on the important first step of arranging financing for innovation before it is made, and explores the feedback effect that innovation can have on finance itself. The book brings together a diverse group of leading scholars in order to address the financing of innovation. The chapters address three key areas, intellectual property, venture capital, and financial engineering in the capital markets, in order to provide fresh and insightful analyses of current and future economic developments in financing innovation. Chapters on intellectual property cover topics including innovation in law-making, orphan business models, and the use of intellectual property to protect financial engineering innovations and developing intellectual property regimes in Brazil, Russia, India, and China. The book also covers the tax treatment of venture capital founders, the treatment of preferred stock by the Delaware Courts, asset-backed lending hedge funds, and corporate governance for small businesses after the Dodd-Frank financial reform bill. The book will be of interest to scholars, practitioners, and students in law, innovation, finance, and business.

In 2015, China and the U.S. were among the top three countries in terms of the number of international PCT (Patent Cooperation Treaty) patents filed, together making up 40% of the global share, reported the World Intellectual Property Organization (WIPO).Not surprisingly, there is a huge international desire within the business, legal and technical communities to better understand the Intellectual Property (IP) practices of these two giants in the industry. This book, a pioneer in comparing the two countries' practices side-by-side, does just that.Tao Zhang and Jingui Fang, respectively from Huawei Device USA and Huawei Technologies in China (2015's top PCT applicant according to WIPO, with 3,898 published patent applications), provide readers with first-hand guidance from invention conception to IP monetization, with a consistent emphasis on quality. Written such that readers can delve straight into any area of the IP cycle that interests them, the book also contains useful checklists that highlight best practices and key lessons learned.Whether you are an individual wanting to improve a product or process, a patent drafter needing to provide client satisfactory results, a patent asset manager desiring to create a bullet proof portfolio, or an IP business executive wishing to deliver much needed financial results to your company's bottom line, this book, with its comparative approach, is an essential read - filled with tips and information to help you create high quality patents.

There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations". A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law.

Get Critical Insight into the Modern Patenting Scene We are now living in the "IP Era of the Information Age" where technology businesses are placing increasing emphasis on intellectual property (IP) as a way to add to their bottom lines. As a consequence, those working in a technology business or organization will inevitably be thrust into working with IP in one or more of its various forms. This increasing emphasis on IP matters requires technology workers to have at least a basic practical understanding of IP, particularly patents, so that they can effectively participate in their organizations' IP and patenting efforts. Consider a Spherical Patent: IP and Patenting in Technology Business provides an unconventional and unvarnished examination of patents and the reality of how they are used and abused in technology business. The book starts with an overview of patents and how the patenting universe has become so complex, and warns of the danger of making "spherical," simplifying assumptions about patents and patent-related matters. It then takes a look at the cast of characters in the modern patenting world and the roles they play at the "IP Bazaar." The book goes on to explain the increasing emphasis in today's modern IP world of leveraging patents in large collections of patents called "portfolios." The author describes how the fractal nature of innovation allows for the exponential growth of patents to densely pack an "IP space," including how this packing can exceed its normal limits and the adverse consequences. He also explores the evolution and importance of core to improvement to commercialization patents. A modern view of patents based on "quantum patent mechanics" explains some of the mysterious patent-related phenomena that are otherwise inexplicable using "classical patent mechanics." Using examples of actual patents and patent portfolios of real technology businesses, the author discusses how patenting strategies are defined based on "central organizing principles" behind why patents are being pursued. He describes the operational realities of running an internal patenting system as well as how to avoid the prevalent trap of accepting a high degree of disorder (entropy) in the business's patenting system. He also takes a close look at other problematic areas, such as the use and abuse of provisional patent applications and how "no shame claims" can be issued by the patent office and the havoc they can create.

The relationship between intellectual property and food affects the production and availability of food by regulating dealings in products, processes, innovations, information and data. With increasingly intricate relations between international and domestic law, as well as practices and conventions, intellectual property and food interact in many different ways. This volume is a timely consideration and assessment of some of the more contentious and complex issues found in this relationship, such as genetic technology, public research and food security, socio-economic factors and the root cause of poverty and patent-busting. The contributions are from leading scholars in this emerging field and each chapter foregrounds some of the key developments in the area, exploring historical, doctrinal and theoretical issues in the field while at the same time developing new ideas and perspectives around intellectual property and food. The collection will be a useful resource in leading further discussion and debate about intellectual property law and food.

In the new 'knowledge-intensive economies' Intellectual assets increasingly play a key part on balance sheets. There is an increasing global awareness that in order to promote innovation and the growth of the economy, businesses must fully recognise and exploit their intellectual assets. A company's ability to innovate rapidly and successfully is now regarded as essential and most breakthroughs are made by Small and Medium-sized Enterprises (SMEs), usually with no in-house legal professionals to help them. It is essential that those working with or creating intellectual property rights (IPR) are aware of the basics of Intellectual Property Law. Intellectual Property Asset Management provides business and management students at all levels with an accessible-straight-forward explanation of what the main Intellectual Property rights are and how these rights are protected. Locating the subject squarely in a business context and using case studies and examples throughout drawn from a wide range of business organisations, it explains how an organisation can exploit their rights through licensing, franchising and other means in order to make the best possible use of their IP assets. This book will provide students with: * the basic Intellectual Property law knowledge needed to identify a potential IP issue * the tools and understanding to assess an IP breach * the ability to identify where the problem cannot be solved in house and where expert legal assistance is required * the knowledge required to work effectively with lawyers and other legal professionals to achieve the desired outcome

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines. Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture. Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.