This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law

A fundamental change in the way organisations approach innovation is taking place. It is driven by the simple realisation that not all the smart people work for just one organisation. Few intellectual property books concentrate on external innovation and more particularly on dealing with external inventors and handling their inventions. Harvesting External Innovation begins by examining the broad subject of innovation, stressing the need to understand its forms and phases, ways and means to encourage innovation. It then addresses the growing phenomenon of external innovation. A number of different approaches to engaging with the external innovator community are then considered, together with real life case studies. Harvesting External Innovation discusses in depth how best to handle intellectual property matters, how to actually work with these external inventors and how to handle their inventions, including a suggested process and check list.

'Biopiracy' refers either to the unauthorized extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date. The book synthesizes the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

This book deals comprehensively with the major treaties and conventions covering the law of international copyright and neighbouring rights. It explains the complex legal, economic and political background to the treaties and their contents, and how they inter-relate. There is also practical commercial discussion of how copyright and neighbouring rights are treated in international trade measures such as GATT, WTO, NAFTA, and bilateral and unilateral treaties, with a section devoted to how unilateral trade measures are applied by the USA in particular. There is also some discussion of how international copyright law and neighbouring rights may develop in the future. The book is intended to be a definitive account of the law of international copyright and neighbouring rights, but it is also intended to be accessible to non-specialist practitioners. It is fully cross-referenced to a forthcoming companion volume, European Copyright Law and Policy (expected to publish in 2008), offering readers a comprehensive approach to the subject. The author has been consulted on copyright policy on numerous occasions by various governmental and non-governmental organisations within and outside the EC, and therefore is ideally placed to give an inside view on how policy is formed.

How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

Media and entertainment law is one of the fastest growing sectors of practice in the UK and European Community. Practising lawyers are hungry for information and informed analysis of the latest developments in this fast-moving field. This Yearbook spans the traditional concerns of media lawyers such as free speech and freedom of the press generally, including libel law and contempt of court as well as the core areas of entertainment law practice such as copyright, contracts, licensing and competition. In addition it covers the emerging fields of new technologies, the impact of the much heralded `information highway' upon media law, the effects of European Community initiatives in this area and the ever changing subject of broadcasting regulation. The Yearbook consists of high-quality analytical articles, important annual surveys of developments in all these fields and reviews of recent publications, all of which will be of interest to the practising and academic lawyer.

The international trading system has come under increasing attack by activists as being in conflict with human rights law. Others have defended the system as contributing more to the fulfilment of human rights than many other areas of international law. This study examines the alleged conflict of WTO law with international human rights law, using one of the most prominent examples of such a conflict: that between international patent law, ie the TRIPS Agreement, and access to medication as guaranteed eg by the International Covenant on Economic, Social and Cultural Rights. This highly controversial political issue of the appropriate use of international patent law on life saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent instances also include the availability of the patented medication for bird flu and for anthrax. The book discusses both the patent law and the international human rights law involved in great depth, distinguishing between obligations under different human rights instruments and including a highly readable introduction into both areas of law. It then explains the concept of conflict between legal regimes and why patent law and human rights law are in conflict. The current state of international law on the conflict between legal regimes and the origin of such conflicts is analyzed, covering such issues as hierarchy in international law and introducing the concept of 'factual hierarchy'. The book then turns to the role of human rights law in the WTO system, concluding that such law currently is limited to aiding the interpreting of the WTO agreements. It shows how a further integration of human rights law could be achieved and describes the progress made towards accommodating human rights concerns within the TRIPS Agreement, culminating in the first ever decision to amend a core WTO Agreement in December 2005.

Text, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter. New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission's Reports and consultation papers on 'Sharing Homes' and 'Trustee Exemption Clauses' as well as key academic literature and debates. The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources. A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions. http://www.routledgecavendish.com/textbooks/9780415442947

In December 1991, a two-volume edition of Dead Sea Scroll photographs was issued by the Biblical Archaeology Society, an American group headed by Hershel Shanks. It included an essay written by Dr. Elisha Qimron, an Israeli scholar noted for his work in the language of the Dead Sea Scrolls. Publication of this reconstruction and transcription resulted in a lawsuit in Israel and the United States between Qimron and Shanks. "Piracy in Qumran" analyzes this legal controversy, which rocked the scholarly world of Biblical and archaeological studies at the time, and which still resonates today.

Qimron's long years of research so as to decipher one of the scrolls that dated from the years immediately preceding the Christian Era led him to revolutionary conclusions. He had controversial ideas about the ancient laws of purity of the Essenes, the authors of the scrolls, and their problematic relationships with the two main streams of Judaism. Read or reconstructed differently, this same text might yield very different conclusions.

The emphasis in Raphael Israeli's volume is on legal and moral aspects of intellectual property law as it relates to works of historical reconstruction. There are questions about whether Qimron's work constitutes something original, the fruit of his creativity (and thus is copyrightable) versus whether it is merely a copy of an ancient blurred text, in the public domain, reconstructed by a modern author. This book does not simply take a position with respect to the matter of Qimron versus Shanks, it asks the reader to consider the controversy's implications for such topics as freedom of press.

Although there are other books available about the Dead Sea Scrolls, no other study examines the social and cultural implications of this crisis in such detail. The story itself is intriguing for those who are not specialists in the subject, but are generally interested in the issues raised by the controversy. It will be of intense interest to scholars and students of religion or international law and historians of the Dead Sea Scrolls.

This book explains China s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel s property theories internalizes a theoretical paradox.

Professor Wenwei Guan s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China s intellectual property protection system and the broader process of China s international engagement.

Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada

Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS s birth defect can be overcome and its evolution can be put back on the right track.

Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University"

Now in its sixth edition, Introduction to Information Technology Law (formerly Introduction to Computer Law), provides a comprehensive and accessible introduction to the law as it relates to computers. Adopting a practical approach that places the law in the context of computer use, this book is highly suitable for undergraduate law students, non-specialist students and computer professionals.

When Carter Bryant began work on what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Orly Lobel reveals the colourful story behind the ensuing decade-long court battle. This entertaining and provocative work pits MGA against Mattel, shows how an idea turns into a product and explores the two different versions of womanhood represented by Barbie and her rival. Lobel's story is a thought-provoking contribution to the debate over creativity and intellectual property as American workers may now be asked to sign contracts granting their employers the rights to and income from their ideas.

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 book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.

A study of the implications and practices of wills and will-making in Anglo-Saxon society, and of the varieties of inheritance strategies and commemorative arrangements adopted. A remarkable series of Anglo-Saxon wills have survived, spanning the period from the beginning of the ninth century to the years immediately following the Norman Conquest. Written in Old English, they reflect the significance of the vernacular, not only in royal administration during this period, but in the recording of a range of individual transactions. They show wealthy laymen and women, and clerics, from kings and bishops to those of thegnly status, disposing of land and chattels, and recognising ties of kinship, friendship, lordship and service through their bequests; and whilst land is of prime importance, the mention in some wills of such valuable items as tableware, furnishings, clothing, jewellery and weapons provides an insight into lifestyle at the time. Despite their importance, no study has hitherto been specifically devoted to Anglo-Saxon wills in their social and historical context, a gap which this book aims to fill. While the wills themselves can be vague and allusive, by establishing patterns of bequeathing, and by drawing on other resources, the author sheds light on the factors which influenced men and womenin making appropriate provision for their property. Linda Tollerton gained her PhD from the University of York.

This new textbook on equity and trusts law has been designed to cover all the main topics on undergraduate courses comprehensively but concisely. It offers a clear and accurate explanation of the law, presented in a systematic and logical order for learning and revision. The book is exceptionally accessible to students new to the subject.

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.

In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion's Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda's song "Mbube" for its hit "The Lion Sleeps Tonight" from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.