What are the normative implications of patenting in the area of personalized medicine? As patents on genes and medical diagnoses have increased over the past decade, this question lies at the intersection of intellectual property theory, identity politics, biomedical ethics and constitutional law. These patents are part of the personalized medicine industry, which develops medical treatments tailored to individuals based on race and other characteristics. This book provides an overview of developments in personalized medicine patenting and suggests policies to best regulate such patents.

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.

This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

This paper challenges the present legal system that prioritises the moral rights of the playwright and their sole ownership of a dramatic work. Recent public disputes between copyright holders and production companies, over royalties, collaboration and the freedom to interpret a text, have led to a growing chorus arguing for the acknowledgement of non-writer collaborators and reform of the law to specifically address dramatic authorship. The author interviews a group of notable Australian practitioners to illustrate the complexity behind the creation and ownership of a theatrical work, and suggests industry-based customary agreements, under the current copyright regime, are a more productive way to sustain harmonious collaborative relationships.

Many aboriginal communities in the Global South depend for their livelihoods on the vast supply of bio-resources around them, but multinational corporations (MNCs) are not always ethical in their dealings with these communities. MNCs often pirate and patent communal, traditional knowledge, thereby "acquiring" intellectual property potentially worth hundreds of millions of dollars almost free of cost. Aboriginal communities face steep uphill legal battles in these cases. Here Anindya Bhukta explores the porous legal relations between traditional knowledge and current intellectual property law. Focusing on aboriginal communities in India, Bhukta explains how India, like other resource-rich countries, has spent millions trying to revoke US-issued patents on knowledge gained from aboriginal communities using existing IPR legislation. He demonstrates that existing IPR laws do not provide full legal protection in such cases - a fact acknowledged by the World Trade Organization when it categorically asked for a sui generis law to be developed for precisely these purposes - and he suggests just such a new law that could offer more robust legal protection for aboriginal communities wishing to capitalize on their own accomplishments. In so doing, Bhukta calls attention to the vital contributions that aboriginal communities make to global development. Legal Protection for Traditional Knowledgeis a must-read for researchers in economics, development studies, and international law, and especially those with an interest in the intellectual property status of traditional knowledge.

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.

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.

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: 'Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.' Francis Davey, Journal of Intellectual Property Law and Practice

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.

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 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.

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 covers cross-border strategies to understand and profit from intellectual property. It starts with a basic overview of IP before focusing specifically on international business contexts. The book then explores factors that affect IP-related business activities in different countries. Next, follows a discussion of the importance of managing IP valuation, people, and products, which leads into an examination of strategies for obtaining value from IP-related activities, including licensing. This edition updates the contents and adds new contemporary cases, such as internet-based crimes and trademarked sport brands. Readers will gain an understanding of the significance of IP to corporate success in the increasingly globalized world. With updated knowledge on deriving value from IP, this book will provide insights for practitioners to deal with cross-border issues of IP, and for scholars across disciplines to advance studies of cross-border issues and conflicts in IP.

This timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements. Moreover, the book includes forward-looking contributions of prominent academics from the USA and the EU, which provide original perspectives on the future shape of online copyright law, looking at questions such as whether it could or even should evolve towards a compensation system. By combining these different avenues, the book will be of particular interest to practitioners, academics, researchers and legal scholars involved in the field of copyright law.

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.

Seasoned professionals examine essential licensing issues Licensing in Libraries: Practical and Ethical Aspects is designed to help librarians, publishers, students, and professionals in library licensing stay at the forefront of this rapidly evolving field. Experienced professionals present state-of-the-art information on licensing issues, including interlibrary loan contract management, end-user education, pricing models for electronic materials, copyright, public domain issues, e-books, consortial licensing, licensing software, and legal aspects of licensing, as well as an important historical perspective on the development of the field. Licensing in Libraries provides publishers with important considerations that impact their roles as vendors of licensed products. Licensing professionals can update their knowledge with a close look at the controversial issues surrounding licensing special collections, digital rights management, and producers' concerns about content. The book also looks at the role of the Copyright Clearance Center regarding compliance in the electronic environment. Licensing in Libraries examines: licensing from both a vendor and consumer perspective software to help manage licenses factors for vendors to consider when deciding on pricing models current information on the more complex levels of licensing the developing world of e-book licensing licensing laws of concern to librarians the impact that licensing has on library services educating patrons about products they will use

Prepare your library for the changing role of course reserve collections Reserves, Electronic Reserves, and Copyright: The Past and the Future provides you with a comprehensive understanding of how the traditional role of reserve collections in education has evolved to reflect changes in technologies, copyright laws, and perhaps more important, perceptions of copyright laws. This unique book demonstrates how librarians have allowed their copyright policies and practices to be shaped by rhetoric from publishers and their own misinterpretations of copyright law instead of the actual legal aspects that apply to course reserves. Author Brice Austin, Head of Circulation and Interlibrary Loan Services at the University of Colorado, presents practical strategies for adapting your reserves to the changing world of higher education, focusing on new teaching methods and electronic resources. In addition to providing a historical overview of reserves and copyrights, Reserves, Electronic Reserves, and Copyright: The Past and the Future offers practical methods for getting the copyright flexibility you need from your course reserves by emphasizing economic instead of legal arguments. You'll find strategies for protecting yourself against a decline in the significance of course reserves as libraries and publishers move from print-based to electronic formats. The book encourages you to take a proactive stance on the future of your reserves operation by: 1) exploiting your position as publishers' customers to your advantage, 2) making full use of Fair Use, and 3) forging partnerships with other campus entities in order to offer expanded, multifaceted reserves services. Reserves, Electronic Reserves, and Copyright: The Past and the Future examines: the origins of the practice of setting materials aside from the main library collection the introduction of a new method of photographythe copy machine the 1976 copyright law revisions, including fair use, reproductions by libraries, and classroom guidelines lawsuits against New York University and Kinko's Graphics Corporation the history of electronic reserves and much more! Reserves, Electronic Reserves, and Copyright: The Past and the Future also contains several appendices, including Section 108 of the United States Copyright Law and Applying Fair Use in the Development of Electronic Reserves Systems from the Association of Research Libraries (ARL). The book is an invaluable professional resource for librarians at academic institutions, especially those charged with administering electronic reserves.

This is an examination of the origins and impact of the agreement on Trade-Related Intellectual Property Rights (TRIPS) negotiated during the Uruguay Round of GATT talks. The principal theme is that the TRIPS agreement is not in the best interests of the poorer countries, and that its imposition on them by the richer countries has more to do with the exercise of political and economic power than with the positive economic benefits the agreement's supporters claim it can deliver. To support this assertion the book critically examines the economic evidence regarding the impact of intellectual property rights on such important variables as export performance, foreign investment, and economic growth. The author provides a political economic analysis of why the poorer countries acceded to the TRIPS agreement, illustrated with case studies of two important industries where the struggle over intellectual property is especially strong: pharmaceutical and agricultural biotechnology sectors. Designed for use in advanced undergraduate and graduate courses in international political economy and international relations theory, the book offer a radical view of the process of globalization.

This book is intended to meet a range of different needs and to cater for different levels of knowledge about employee ownership. If you are considering making your company employee-owned or you are advising someone going through that process, and in either case are new to the topic, you can build up your knowledge levels from Chapter 1. Alternatively, the book can be used as a reference work if you have a particular question to answer.Some parts of the book will not be relevant to every reader. For example, several Chapters consider how employees can acquire shares personally: these will not be relevant to companies which intend their employee ownership only to be through an employee trust. The book is intended as practical guide rather than a highly detailed technical treatise. Its priority is to explain key issues in an accessible fashion and to raise awareness of where further exploration and advice may be important.

Ten years after the Human Genome Project's completion the life sciences stand in a moment of uncertainty, transition, and contestation. The postgenomic era has seen rapid shifts in research methodology, funding, scientific labor, and disciplinary structures. Postgenomics is transforming our understanding of disease and health, our environment, and the categories of race, class, and gender. At the same time, the gene retains its centrality and power in biological and popular discourse. The contributors to Postgenomics analyze these ruptures and continuities and place them in historical, social, and political context. Postgenomics, they argue, forces a rethinking of the genome itself, and opens new territory for conversations between the social sciences, humanities, and life sciences. Contributors. Russ Altman, Rachel A. Ankeny, Catherine Bliss, John Dupre, Michael Fortun, Evelyn Fox Keller, Sabina Leonelli, Adrian Mackenzie, Margot Moinester, Aaron Panofsky, Sarah S. Richardson, Sara Shostak, Hallam Stevens

Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law.

An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the one-size-fits-all approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers perspectives from a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.