Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole. This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.

Intellectual property rights (IPRs)-patents, copyrights, and trademarks-have moved from an arcane area of legal analysis and a policy backwater to the forefront of global economic policymaking. Apple and Samsung's patent battle illustrates the importance of IPRs and how they impact everyone. Private Rights and Public Problems is a completed update of the seminal, oft-cited 2000 study, Intellectual Property Rights in the Global Economy. This new book documents the remarkable global changes in IPRs policies that have taken place since the founding of the World Trade Organization (WTO) and analyzes both the benefits and costs of the global IPRs system.Does stronger IPRs protection increase incentives for innovation and raise returns to international technology transfer or does it raise the cost of acquiring new technology and products? Have the changes benefited technology producers or technology consumers? Do these policies help or hinder the transfer of key technologies used to address critical global public needs, such as essential medicines, green technologies, bio-engineered seed varieties, products made from genetic resources, and scientific and educational materials? The book examines these issues through an analysis of the economic effects of extended international protection and partial harmonization of IPRs. Ultimately, it argues that the global IPRs system stands at a fundamental crossroad, facing more challenges than ever before. It makes several suggestions for improving the efficiency and fairness of the newly globalized system in the near future, if the political will can be found.

In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations.
On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

We have long considered inventing to be a uniquely human activity. But just as the assembly line automated the process of manufacturing, today's computers are automating the process of inventing. Software can automatically generate designs for everything from toothbrushes to antennas to automobile frames more quickly and inexpensively than ever before, thereby ushering in a new era of "artificial" invention.
Inventors will use artificial invention technology to boost their inventive abilities to previously undreamed-of heights, enabling small teams of inventors to compete with mega-corporations who insist on inventing the old-fashioned way. Even consumers will be able to use artificial invention technology to become inventors themselves. We stand poised to see the emergence of the "digital renaissance artisan"--a person who will have the ability to not only design new inventions at the touch of a button, but also to manufacture them automatically from the comfort of home. As Robert Plotkin reveals in this landmark book, our decisions about these inventions today will dictate who gets to control this powerful technology tomorrow.
Should inventions designed by software be patentable? Should the software that produces those designs be patentable? "The Genie in the Machine" offers the first-ever examination of the implications of artificial invention technology for patent law, the law of invention. Along with practical advice for inventors, high-tech companies, and patent lawyers, this forward-looking book provides concrete recommendations for reforming patent law in light of the growing importance of invention-automation technology.

This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.

What drives innovation? How does it contribute to the growth of firms, industries, and economies? And do intellectual property rights help or hurt innovation and growth? Uniquely combining microeconomics, macroeconomics, and theory with empirical analysis drawn from the United States and Europe, this book introduces graduate students and advanced undergraduates to the complex process of innovation. By addressing all the major dimensions of innovation in a single text, Christine Greenhalgh and Mark Rogers are able to show how outcomes at the microlevel feed through to the macro-outcomes that in turn determine personal incomes and job opportunities.

In four sections, this textbook comprehensively addresses the nature of innovation and intellectual property, the microeconomics and macroeconomics of innovation, and economic policy at the firm and macroeconomic levels. Among the topics fully explored are the role of intellectual property in creating incentives to innovate; the social returns of innovation; the creation and destruction of jobs by innovation; whether more or fewer intellectual property rights would give firms better incentives to innovate; and the contentious issues surrounding international treaties on intellectual property.

Clearly organized and highly readable, the book is designed to be accessible to readers without advanced economics backgrounds. Most technical materials appear in boxed inserts and appendixes, and numerous graphs and tables elucidate abstract concepts.Provides a comprehensive overview of the economic causes and effects of innovation Covers microeconomics, macroeconomics, theoretical and empirical analysis, and policy Includes up-to-date coverage of trends and policy in intellectual property and research and development Features mathematics appendix and keywords and questions to assist learning and teaching Outline lecture slides are available online

Considering the effort and funding devoted to a company's success, understanding Intellectual Property rights patents, trade secrets, trademarks, and licensing is essential. Establishing appropriate internal policies from the outset can prevent companies from learning a costly and painful lesson in the courtroom. With Intellectual Property in the Food Technology Industry, currently the only book of its kind focusing specifically on the food industry, one will learn what to consider throughout the various creative phases of a product's lifespan from initial research and development initiatives through post-production. Readers will have an understanding of the intellectual property protections afforded to U.S. corporations, methods to pro-actively reduce potential problems, and guidelines for future considerations to reduce legal spending, prevent IP theft, and allow for greater profitability from corporate innovation and inventiveness.

The threats of economic espionage and intellectual property (IP) theft are global, stealthy, insidious, and increasingly common. According to the U.S. Commerce Department, IP theft is estimated to top $250 billion annually and also costs the United States approximately 750,000 jobs. The International Chamber of Commerce puts the global fiscal loss at more than $600 billion a year.
Secrets Stolen, Fortunes Lost offers both a fascinating journey into the underside of the Information Age, geopolitics, and global economy, shedding new light on corporate hacking, industrial espionage, counterfeiting and piracy, organized crime and related problems, and a comprehensive guide to developing a world-class defense against these threats. You will learn what you need to know about this dynamic global phenomenon (how it happens, what it costs, how to build an effective program to mitigate risk and how corporate culture determines your success), as well as how to deliver the message to the boardroom and the workforce as a whole. This book serves as an invaluable reservoir of ideas and energy to draw on as you develop a winning security strategy to overcome this formidable challenge.
-It's Not "Someone Else's" Problem: Your Enterprise is at Risk
Identify the dangers associated with intellectual property theft and economic espionage
-The Threat Comes from Many Sources
Describes the types of attackers, threat vectors, and modes of attack
-The Threat is Real
Explore case studies of real-world incidents in stark relief
-How to Defend Your Enterprise
Identify all aspects of a comprehensive program to tackle such threats and risks
-How to Deliver the Message: Awareness andEducation
Adaptable content (awareness and education materials, policy language, briefing material, presentations, and assessment tools) that you can incorporate into your security program now

This practical book is written with the busy practitioner in mind, explaining the law in clear and simple terms and concentrating heavily on procedure. The procedural chapters make up the greater part of the book and are designed to ensure that the practitioner drafts notices without mistakes and understands the critical time limits. Leasehold Enfranchisement contains checklists of mistakes to be avoided in the preparation of notices and clear guidance on procedure post service of the notice. The book enables the reader to find essential information easily. Fully up to date with the new procedural rules, Leasehold Enfranchisement includes the latest forms published by the First-tier Tribunal. It is accessible and practical, providing guidance on filling in notices, and checklists of common mistakes to be avoided. The authors provide plenty of detail on how to accomplish the main task for a solicitor in this area. The book also tackles valuation in a way that a non-valuer can understand so that the solicitor understands the valuation exercise.

Description
Innovation is universally recognized as an important source of economic growth. Patents may be considered as a potential measure of innovation. As such, patents may alter isoquant maps, and measuring their elasticities is both intuitively and empirically appealing. This book investigates the impact of U.S.A. patent activity on technical change in 35 industries given in the KLEM (Jorgenson, 1996) data set for the period 1958-1996. Four patent variables, namely total patent applications, total patents granted, unsuccessful patent applications and foreign patents granted, are introduced as technology-changing parameters into the generalized Fechner-Thurstone (GFT) production function to determine the effect on the elasticity of the marginal rate of technical substitution (MRTS) between inputs of the GFT production function over time. It is found that all four patent variables have significant impacts on the marginal rates of technical substitution between various production inputs over time, with foreign patents granted being the most "effective" parameter, and unsuccessful patent applications the least effective. In addition, the elasticity of the MRTS between materials and energy is found to be the most affected by patent activity, and that between materials and labor the least. The extent of technical change by patent activity varies across industries. Patent activity is found to be less effective as technology changes in some traditionally high patenting industries and more effective in others, which indicates that there are significant spillover effects of patents. Patent activity is found to have the greatest impact on technical change in the metal mining industryand the least impact in the chemicals industry.

Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests. It will be an important resource for social scientists, advocates for indigenous and human rights, bioprospecting, indigenous leaders, NGOs and law libraries.

Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests. It will be an important resource for social scientists, advocates for indigenous and human rights, bioprospecting, indigenous leaders, NGOs and law libraries.

The papers in this volume represent some of the leading work on intellectual property. They address the question of how to create incentives to develop new technologies and how to protect those technologies once developed from theft. They also ask when valuable property might be developed even under weak ownership conditions. Other papers address how firms balance the tradeoffs in considering costly patent litigation and they examine the antitrust implications.
Although issues of intellectual property rights would seem to be ones of interest only to obscure groups of academics and lawyers, they have become topics of everyday discussion among the regular population. Alleged copyright infringements by people downloading music from the internet and accompanying threats of prosecution as well as charges of strategic patenting to harm competitors in recent high profile antitrust cases have placed intellectual property into public and political debate. The incentives provided by secure property rights for promoting research and development, investment, production, and exchange are well known. These are the major arguments for patents, copyrights and other forms of intellectual property.

Intellectual property has rapidly become one of the most important, as well as most controversial, subjects in recent years amongst productive thinkers of many kinds all over the world. Scientific work and technological progress now depend largely on questions of who owns what, as do the success and profits of countless authors, artists, inventors, researchers and industrialists. Economic, legal and ethical issues play a central role in the increasingly complex balance between unilateral gains and universal benefits from the "knowledge society." Economics, Law and Intellectual Property explores the field in both depth and breadth through the latest views of leading experts in Europe and the United States. It provides a fundamental understanding of the problems and potential solutions, not only in doing practical business with ideas and innovations, but also on the level of institutions that influence such business. Addressing a range of readers from individual scholars to company managers and policy makers, it gives a unique perspective on current developments.

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. Zhang

The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation.

"Innovation and Its Discontents" tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself.

In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body.

Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims.

After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases.

Well-argued and engagingly written, "Innovation and Its Discontents" offers a fresh approach for enhancing both the nation's creativity and its economic growth.

The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges, as bearing different types of entitlements, is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress. Contents: Foreword Introduction: How Did We Get Here? Part I: Our Present 1. Knowledge in a Global Society 2. Cultural and Social Development Part II: Our Past 3. The Social Contract 4. A Second Opportunity 5. Landscaping the Legal Terrain Part III: Our Future 6. Building Bridges for Progress 7. The International Stage Conclusion: Where Do We Go From Here? Bibliography

A practical approach to corporate IP operations and implementation

"Intellectual Property Operations and Implementation" helps executives, attorneys, accountants, managers, and owners, understand the legal, technological, economic, and cultural changes that have affected corporate IP ownership and management.

Page by page, it provides practical examples and advice from seasoned and enduring professionals who have adopted new and streamlined methods and practices whether as in-house or outside counsel, or service providers.Timely and relevant in view of the substantially global economic recession amidst rampant technological development and the resulting changes in law, practice, and cultureExamines the decision making processes, activities, and changes of significant corporate intellectual property owners in today's new economy

Important and timely, this book provides a global approach to corporate IP management.

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.

`The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested.' - Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl's proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.

Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents who emphasize the importance of providing incentives for producers of creative works from skeptics who emphasize the need for free and open access to knowledge.

In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.

Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and when subject to fair limits these rights are an indispensable part of a well-functioning society.