Central American countries have long defined health as a human right. But in recent years regional trade agreements have ushered in aggressive intellectual property reforms, undermining this conception. Questions of IP and health provisions are pivotal to both human rights advocacy and "free" trade policy, and as this book chronicles, complex political battles have developed across the region.
Looking at events in Costa Rica, El Salvador, and Guatemala, Angelina Godoy argues that human rights advocates need to approach intellectual property law as more than simply a roster of regulations. IP represents the cutting edge of a global tendency to value all things in market terms: Life forms--from plants to human genetic sequences--are rendered commodities, and substances necessary to sustain life--medicines--are restricted to insure corporate profits. If we argue only over the terms of IP protection without confronting the underlying logic governing our trade agreements, then human rights advocates will lose even when they win.

Central American countries have long defined health as a human right. But in recent years regional trade agreements have ushered in aggressive intellectual property reforms, undermining this conception. Questions of IP and health provisions are pivotal to both human rights advocacy and "free" trade policy, and as this book chronicles, complex political battles have developed across the region.
Looking at events in Costa Rica, El Salvador, and Guatemala, Angelina Godoy argues that human rights advocates need to approach intellectual property law as more than simply a roster of regulations. IP represents the cutting edge of a global tendency to value all things in market terms: Life forms--from plants to human genetic sequences--are rendered commodities, and substances necessary to sustain life--medicines--are restricted to insure corporate profits. If we argue only over the terms of IP protection without confronting the underlying logic governing our trade agreements, then human rights advocates will lose even when they win.

Digital Pirates examines the unauthorized creation, distribution, and consumption of movies and music in Brazil. Alexander Sebastian Dent offers a new definition of piracy as indispensable to current capitalism alongside increasing global enforcement of intellectual property (IP). Complex and capricious laws might prohibit it, but piracy remains a core activity of the twenty-first century. Combining the tools of linguistic and cultural anthropology with models from media studies and political economy, Digital Pirates reveals how the dynamics of IP and piracy serve as strategies for managing the gaps between texts-in this case, digital content. Dent's analysis includes his fieldwork in and around Sao Paulo with pirates, musicians, filmmakers, police, salesmen, technicians, policymakers, politicians, activists, and consumers. Rather than argue for rigid positions, he suggests that Brazilians are pulled in multiple directions according to the injunctions of international governance, localized pleasure, magical consumption, and economic efficiency. Through its novel theorization of "digital textuality," this book offers crucial insights into the qualities of today's mediascape as well as the particularized political and cultural norms that govern it. The book also shows how twenty-first century capitalism generates piracy and its enforcement simultaneously, while producing fraught consumer experiences in Latin America and beyond.

This work traces the history of the English law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law evolves.

This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

"[T]his volume provides a wealth of information for all librarians dealing with copyright." Library Journal, Starred Review Copyright situations in libraries can get complicated. How do librarians know how much they can copy? Is everything in libraries fair use? Can librarians let people show movies in the library? Do new services like 3D printing involve copyright? Should librarians always say 'no' when patrons want to copy something? Finding the answers can be time-consuming, but with copyright policies and workflows in place, those answers are at the fingertips of librarians. Knowing how to create and implement copyright policies will make it much easier to address the copyright situations that come up in your library. Librarians and those who work in libraries can use this book to get good information and practical advice on both copyright basics and policies. The book is different from other books about copyright in libraries because it focuses on more than the rules of copyright. It goes further by guiding librarians and information professionals on how to incorporate the rules into policies, procedures, and workflows. With this book, librarians and information professionals will be able to craft a copyright policy that will enable them to answer complicated copyright questions quickly and easily. The book includes sample policies from all types of libraries: academic, public, government, and private. The book covers how to implement a policy and ways to assess its effectiveness. Copyright Policies and Workflows in Libraries will help you understand -Copyright basics and how to get permission -Your library's context within a legal landscape -The best components of a policy -Practical copyright workflows -How to assess policy effectiveness

This collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges

This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Oe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.

• Leverage patents as a powerful competitive business tool
• Employ powerful new patent strategies for marketing, R&D, and finance managers
• Exploit patents to slash product time-to-market and boost profits
• Implement the best intellectual property asset management (IPAM) software solutions

ESSENTIALS OF PATENTS

Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up-to-date on the newest thinking, strategies, developments, and technologies in patents.

"Gibbs and DeMatteis give us a very up-to-date and clear entry point into patent management in the context of the real world of business, including insightful perspectives on finance, banking, taxes, and insurance. Both the generalist and specialist will benefit from learning how to deal with patents in a variety of established business systems." —Steve Fox, Vice President and Deputy General Counsel for Intellectual Property, Hewlett-Packard Company

"At last, a quality reference text I can heartily recommend to my corporate clients and independent inventors alike. Gibbs and DeMatteis have drawn upon a wealth of experience in pulling together a remarkable book, deftly placing invention and the U.S. Patent System in a real-world business context." —Don Kelly, CEO, Intellectual Asset Management Associates, LLC, former director, U.S. Patent and Trademark Office

"...compelling, 'how-to' manual for generating and fostering a sustainable patent-consciousness in all corporate employees, now a critical task in our knowledge-driven economy. The authors talk directly to each role and suggest what each individual must do to create, grow, and protect shareholder value through the development and exploitation of patents. This is a cornerstone book which will definitely impact business processes in corporate America." —Lucy Teixeira Akers, Chairman, PIUG, Inc., The International Society for Patent Information, former IP Management Program Team Leader, ExxonMobil Chemical Co.

Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law's effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in a global Knowledge economy. This book turns to social and cultural theory to more fully explore the deep connections between cultural production and human freedom.

In The Right to Parody: Comparative Analysis of Free and Fair Speech, Amy Lai examines the right to parody as a natural right in free speech and copyright, proposes a legal definition of parody that respects the interests of rights holders and accommodates the public's right to free expression, and describes mechanisms to ensure that parody will best serve this purpose. Combining philosophical inquiry with robust legal analysis, the book draws upon examples from the United States, Canada, the United Kingdom, France, and Hong Kong. While it caters to scholars in intellectual property and constitutional law, as well as free speech advocates, it is written in a non-specialist language designed to appeal to any reader interested in how the boom in online parodies and memes relates to free speech and copyright.

This book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today.

The Internet, Warts and All asks questions. Why are government digital policies so often out of touch and counter-productive? Why is surveillance law problematic and ineffective - and often defeated in court? Do companies like Google and Facebook really care about freedom of speech? Why are neither laws nor technology companies able to get to grips with trolling? Is 'fake news' something that can be 'dealt with'? Can these issues be addressed more effectively, intelligently and appropriately in the future? To answer these questions, The Internet, Warts and All busts a number of myths and illusions about the internet - about the neutrality of algorithms, the permanence of information, the impact of surveillance, the nature of privacy and more. It shows how trolling and 'fake news' arise - and why current moves to deal with them are doomed to failure. It suggests a way forward - by embracing the unruly nature of the internet.

This book seeks to make an intervention into the ongoing debate about the scope and intensity of global copyright laws. While mapping out the primary actors in the context of globalization and the modern political economy of information ownership, the argument is made that alternatives to further expansion of copyright are necessary. By examining the multiple and competing interests in creating the legal regime of copyright law, this books attempts to map the political economy of copyright in the information age, critique the concentration of ownership that is intrinsic in the status quo, and provide an assessment of the state of the contemporary global copyright landscape and its futures. It draws upon the current narratives of copyright as produced by corporate, government, and political actors and frames these narratives as language games within a global political project to define how information and culture will be shared and exchanged in the future. The text problematizes the relationship of the state to culture, comments on the global flows of culture, and critiques the regulatory apparatus that is in place to commodify culture and align it with the contemporary nation-state. In the end, the possibility of non-commodified and more open futures are explored. The State of Copyright will be of particular interest for students and scholars of international political economy, law, political science, anthropology, sociology, cultural studies, library sciences, and communication studies. It also will appeal to a growing popular audience that has taken an interest in the issues of copyright.

In Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the "celestial jukebox," to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.

The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required. Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it. This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies. Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. Witzig

Ten years ago, new provisions for compensation claims were adopted as part of the reform of German copyright law. Ten years later, at the 1st Josef Kohler Symposium held at the Humboldt University of Berlin, renowned experts in the field discussed whether the high expectations for the reform have been fulfilled.

IP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society's rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors' stewardship of those assets - a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.

Jewish copyright law is a rich body of jurisprudence that developed in parallel with modern copyright laws and the book privileges that preceded them. Jewish copyright law owes its origins to a reprinting ban that the Rome rabbinic court issued for three books of Hebrew grammar in 1518. It continues to be applied today, notably in a rabbinic ruling outlawing pirated software, issued at Microsoft's request. In From Maimonides to Microsoft, Professor Netanel traces the historical development of Jewish copyright law by comparing rabbinic reprinting bans with secular and papal book privileges and by relaying the stories of dramatic disputes among publishers of books of Jewish learning and liturgy. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular law counterpart at key junctures, it fashions strikingly different answers to those key questions. The story of Jewish copyright law also intertwines with the history of the Jewish book trade and with steadfast efforts of rabbinic leaders to maintain their authority to regulate that trade in the face of the dramatic erosion of Jewish communal autonomy in the eighteenth and nineteenth centuries. This book will thus be of considerable interest to students of Jewish law and history, as well as copyright scholars and practitioners.

Tools and techniques from today's leading intellectual capital innovators: Xerox, Dow Chemical, Hewlett-Packard, Avery Dennison, Eastman Chemical, Rockwell, and Skandia

"Patrick Sullivan . . . has brought together some of the best thinkers and best thinking on the subject of intellectual capital. Anyone who hopes to profit from intellectual capital will profit from Profiting from Intellectual Capital."—Thomas A. Stewart Author of Intellectual Capital: The New Wealth of Organizations.

"A comprehensive collection of the key ideas for effectively managing intellectual assets in the twenty-first century."—Hubert St. Onge Senior Vice President, Strategic Capability, Mutual Life of Canada.

"The first thorough exposition of how companies manage and extract value from their intellectual capital. The discussion of 'best practices,' as well as the high level conceptual examination of various intellectual capital issues, is an important contribution to this fast-growing field."—Baruch Lev, PhD The Philip Bardes Professor of Accounting and Finance, Stern School of Business, New York University, and Director, The Intangibles Research Project at New York University.

"This is a remarkable compendium of analytic approaches to that most elusive of management goals—managing intellectual capital. It gives our 'state-of-the-practice' knowledge a most substantial boost."—Larry Prusak Managing Principal, Knowledge Management, IBM Corporation.

"Sullivan brings together strategic management and intellectual capital. The combination is powerful."—Russell L. Parr Senior Vice President, AUS Consultants.

In today's postindustrial economy, technology and knowledge-based companies are superseding traditional manufacturing enterprises at a rapid rate. But as tangible assets give way to invisible, information-centered ones, most firms still know very little about their intellectual capital and what it can do for them.

While a number of books and articles have already been written about the knowledge-creation and information-sharing aspects of intellectual capital management, Profiting from Intellectual Capital takes the next step—examining how companies can develop financial benefits and extract ever more value from their intellectual capital.

Divided into three sections, the book is filled with the practices and procedures of companies that are in the vanguard of ICM—Dow Chemical, Xerox, Rockwell International, Skandia, and Hewlett-Packard. The first part of the book presents essential terms and concepts, along with basic material on the principles of value extraction and a discussion of the usefulness of values in the management of intellectual capital. The two subsequent sections offer methods for IC measurement, management, and monitoring, as well as important techniques for extracting value—including such practical initiatives as creating an intellectual property database, patent trees, and more.

Profiting from Intellectual Capital is essential reading for today's forward-thinking executives, attorneys, accountants, and other professionals. Because while knowledge is power, knowledge can be profits, too.

Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.

This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics', and therefore software's, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.

In recent years intellectual property rights (IPR) took on major significance as an element of global trade regulation. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO) obliges member countries to protect patents, copyrights, trademarks, and trade secrets. This mandate has great impact in developing nations, which had generally weaker IPR standards prior to TRIPS and subsequent agreements. This emerging international regime for protecting IPR raises thorny questions about how the new rules of the game might affect fundamental economic processes, including innovation, trade and economic development.
The governments of many developing countries see the new regime as excessively protectionist and an impediment to their development prospects. They perceive potential problems with abusive monopoly practices, high costs for new medicines, and limited access to scientific and educational materials. Indeed, it is ironic that during a time of significant global liberalization of trade and investment barriers, the IPR system may be raising restrictions on access to the very technology flows that could substantiate the gains from greater trading opportunities.
However, expansion of the global IPR regime also bears potential for economic gains. It is possible that the new system will encourage additional investments in R&D and innovation. The ongoing internationalization of commercial R&D could be accelerated. Such investments might increasingly meet the medical, agricultural, and educational needs of people in poor countries. The regime could also improve the mechanisms under which new information goods are transferredacross borders, expanding the possibilities for fruitful diffusion of technologies.
The implications of these reforms will be far-reaching, complex and hard to predict. It is possible, for example, that stronger patents will simply redistribute incomes across nations, generating significant winners and losers without much overall innovation gains. It is also possible that R&D investments could become more concentrated among the developed and newly industrialized economies but bypass the poorer locations. Ultimately, all such questions need close theoretical and empirical scrutiny.
In this volume several economists who are closely involved in such analysis offer comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. The authors range widely over their particular areas of inquiry. At the international level the contributions cover such questions as policy coordination in IPR, dispute resolution, markets for technology and technology transfer, international innovation, parallel trade, and economic development. On the regulatory side there are thoughtful reviews of the legal foundations of IPR, knowledge creation and the public domain, networks and standards, competition policy, access to essential medicines, and agricultural research.
The contributions are aimed primarily at economists, who will find ambitious and up-to-date treatments of the most central areas of IPR and globalization. The chapters analyze recent literature, discuss shortcomings and key findings, and indicate where additional research is urgently needed. However, scholarsof other disciplines, particularly in law, political science, and international relations, will find much of interest as well. The literature reviews also constitute a valuable resource for students in all these fields who wish to learn more about the economics of international IPR.
*Brings together fresh insights from top economists.
*Considers various aspects of IPRs in the global economy from analytical and empirical perspectives.
*Areas covered include information technology, trade, investment, agriculture, medicine, firm behavior, and development.

This book addresses issues on the nexus of freedom of and property in information, while acknowledging that both hiding and exposing information may affect our privacy. It inquires into the physics, the technologies, the business models, the governmental strategies and last but not least the legal frameworks concerning access, organisation and control of information. It debates whether it is in the very nature of information to be either free or monopolized, or both. Analysing upcoming power structures, new types of colonization and attempts to replace legal norms with techno-nudging, this book also presents the idea of an infra-ethics capable of pre-empting our pre-emption. It discusses the interrelations between open access, the hacker ethos, the personal data economy, and freedom of information, highlighting the ephemeral but pivotal role played by information in a data-driven society. This book is a must-read for those working on the contemporary dimensions of freedom of information, data protection, and intellectual property rights.