As a result of the Internet, new forms of selling and distributing music have developed that are increasingly replacing the traditional distribution channels. This development is a challenge not only to the music industry but to collecting societies as well. The cooperation between national and international collecting societies is constantly being tested by the growing significance of the Internet. This work examines the development and critically analyzes the past decisions and legal acts taken on the European level.

A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of 'the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases' and combating 'hepatitis, water-borne diseases and other communicable diseases'. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.

Talfourd's Copyright Bill was first presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the Bill. This book explores and sets in context the making of the Copyright Act of 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property. A unique feature for legal historians is Appendix II in which Dr. Seville traces the progress of eleven versions of the Bill.

What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments. Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification. Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.

This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.' - Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law. As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries. Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity. Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

'This is an important addition to the growing volumes of literature on Chinese intellectual property law. The book provides an excellent selection of essays written by well-known academics and policy makers that sheds light on the process of innovation shaped by national policies and makes readers re-think the role of law in fostering innovation. This is a must read for those who wonder to what extent the stereotypical image of China as the intellectual property norm receiver still holds true.' - Nari Lee, Hanken School of Economics, Finland 'This book is jointly created by leading experts from China, Australia, the US, UK and Ireland. Working in academic, governmental and judicial sectors, these authors navigate the topics from the wide realms of law, economics, international relations, government policies, practical issues, industrial fieldworks and comparative studies. The study is very detailed and unique, and presents a fresh, holistic and international study of the contexts and specifics of China's innovation policies, intellectual property strategies and industrial development trends, which as a whole, may remain largely unknown. Western readers who are interested in China's knowledge-based economy should not miss out on this authoritative book.' - Liu Chuntian, President, China Intellectual Property Law Society, Dean of Intellectual Property School, Renmin University of China, Beijing China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of 'insiders' perspectives' from China, with the analysis of international scholars. With contributions from leading authors - including Dr Kong Xiangjun, President of the Intellectual Property Tribunal at the Supreme People's Court of China this book is the first comprehensive response to a highly controversial and largely under-developed field of inquiry. It seeks to unveil and understand the complexities and challenges that confront China's innovation economy, setting out the cultural and historical context, the strategies that form the basis for this evolution, and the measures China has at its disposal to protect intellectual property. The book will be hugely valuable to all those who have interest in China s development, and seek to understand the likely path of China's future economic models and legal reforms. Offering a holistic perspective combining global, domestic and cultural-historical spectrums, it will also prove a key resource for Intellectual property scholars and lawyers. Contributors: Z. Deng, X. Feng, S. Grimes, P.S.Hofman, M. Keane, X. Kong, A. Newman, K.Shao, W. Shi, L. Yang, P.K.Yu, Z. Zhang, D.U. Weike

Obwohl Tanz zu den altesten Kunstformen der Welt gehoert, wurde die Choreografie erst im Lauf des 20. Jahrhunderts als eigene Kategorie urheberrechtlich geschutzter Werke in Deutschland, Frankreich und den USA in die jeweiligen Gesetze aufgenommen. Einen besonderen Schwerpunkt in dieser Arbeit bilden die Fragen, welche Schoepfungen fur den Schutz als choreografisches Werk in Betracht kommen und wie sich die Urheberschaft ihrer Schoepfer darstellt (Abgrenzung der Stellung als Miturheber, Urheber verbundener Werke, Bearbeiter und Arbeitnehmerurheber). Die Arbeit beschaftigt sich nicht nur mit der Rechtslage in Deutschland, sondern ziehtfur den Rechtsvergleichauch dieBedingungen inFrankreich unddenUSA heran. Sie wendet sich an Juristen, die mit urheberrechtlichen Fragen choreografischer Werke befasst sind,und kann auchvon Vertretern der Tanzszene genutzt werden und fuhrt in die fur sie relevanten urheberrechtlichen Fragen ein. Es ware begrussenswert, wenn diese Arbeit einen Beitrag zur Akzeptanz choreografischer Werke als Gegenstand urheberrechtlichen Schutzes leisten kann.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system. Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists' and the radical political economists' points of view, and methods of resisting existing laws. Beautifully written and well argued, this book provides a long, clear look at how capitalism and capitalists seize and control culture through the ownership of copyrights, thus perpetuating their own ideologies and economic superiority.

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright--and its violation--a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries--and their history is essential to understanding today's battles. The Copyright Wars--the first major trans-Atlantic history of copyright from its origins to today--tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world's intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors' rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment--a history that reveals that today's open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.

Intellectual Property Rights are subject to a high degree of protection, exploitation and litigation in the modern commercial environment. But what role does morality have to play in these exchanges? That is the question posed and eloquently examined within the contours of this book.Steven Ang builds his idea that the justification for IPRs is bound up with a simultaneous duty to share part of that intellectual resource through public rights of access and a public domain which is facilitated by the moral elements in the various dimensions of IPR. In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the moral commitments they imply and rely on, to identify a framework for further development and reform of IP regimes. The Moral Dimensions of Intellectual Property Rights will strongly appeal to researchers and academics in intellectual property, jurisprudence, policy makers concerned with IP rights, as well as general readers with a concern for the extent, growth and reform of IP rights. Contents: Preface 1. The Idea of the Moral Dimensions of IPRs 2. Moral Terms, Moral Meaning and Morality 3. The Moral Dimension of Justification 4. The Dimension of Design: National Systems 5. International IP Laws and the Moral Dimension of Design 6. The Moral Dimensions of Law: Interpretation and Aims 7. The Moral Dimensions of the Exercise of IPRs 8. The Moral Dimension of Reform of IPRs 9. Conclusions on the Moral Dimensions of IPRs Bibliography Index

Although many texts attempt to explain intellectual property law to scientists and engineers, they are ineffective because they fail to present the subject within the proper scope; they are either too expansive or too detailed for the needs of researchers and inventors. Instead of giving a mile-high view of all types of intellectual property or, at the other extreme, turning readers into pseudo-patent attorneys, Patent Law for Scientists and Engineers provides researchers and students with an understanding of the aspects of patent law necessary to work with patent professionals and enhance patent coverage. The editor has structured the text so it can be easily integrated into a reader's research routine. Each chapter supports the issues discussed with fact patterns that emphasize the steps necessary to protect patent rights. The book describes actual scenarios encountered by scientists and engineers, highlighting the protection of latent patent rights that may exist within an invention or technical solution.

The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics. This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues. Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. Zhuang

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

In Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.

The revision of the introduction to inheritance law offers among other things up-to-date information on the forthcoming legislative reform of the inheritance law, the law of limitation of claims, decisions from the constitutional court on testamentary freedom ("Hohenzollern") and on the right to a compulsory portion and provides information on inheritance law developments in European law. The commentary on A1922 focuses on the interfaces between inheritance law and company law and legal succession in public law positions. Succession in accordance with the law of life partnerships is also shown under statutory succession. The latest case law on transitional social security regulations is also taken into account in the context of rights to disclaim an estate. The new fees law for the curators of estates is also explained.

This book is the first of its kind to chart the terrain of contemporary India's many place names. It explores different 'place connections', investigates how places are named and renamed, and looks at the forces that are remaking the future place name map of India. Lucid and accessible, this book explores the bonds between names, places and people through a unique amalgamation of toponomy, history, mythology and political studies within a geographical expression. This volume addresses questions on the status and value of place names, their interpretation and classification. It brings to the fore the connections between place names and the cultural, geographical and historical significations they are associated with. This will be an essential read for scholars and researchers of geography, law, politics, history and sociology, and will also be of interest to policy-makers, administrators and the common reader interested in India.

Copyright in Islamic Law is the first work in English to systematically address the ideas of intellectual property and copyright from an Islamic perspective. The author builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haq), ownership (milkiyya), wealth (mal), and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith before looking at how the secondary sources of qiyas (analogy), maslaha (public interest), 'urf (custom) and al-qawa'id al-fiqhiyya (legal maxims) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This then gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is a ground-breaking study not only within Shari'a law, but also by making a contribution to the on-going debates on copyright in general.

Engineers and scientists engaged in creative works, inventions, and innovations - as part of the free-enterprise, free-market system - must understand what Intellectual Property Rights (IPRs) are and know how to strategically use them to create competitive advantage, wealth, and value. An acknowledged, major contributing factor to non-awareness amongst technical audience is the lack of availability of easily-understandable, business-relevant, and comprehensive books on the subject, that scientists and engineers can access. This book will provide comprehensive, easy-to-understand, innovation management perspectives on a wide range of IPRs for practicing scientists and engineers. Key Features: * One-stop shop for valuable information on all forms of IPRs for technical audience * Strong innovation management component along the lines of technology for business and innovations for customers, and IP laws for protecting and unlocking the value of creative works, inventions, and innovations * Gives easy-to-read, easy-to-follow innovation management perspectives * Emphasizes IPR-related topics of practical relevance * Compares the IP Systems of United States and others (EU, China & India)

'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' - Hector MacQueen, University of Edinburgh, UKGuan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright - individual rights - but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalization and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.

'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla s book makes a valuable contribution to the debate.' --Graham Dutfield, University of Leeds, UK 'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while the food insecurity seem to be a constant companion to many in spite of decades of our work on securing food as a fundamental right for the poor.' -- Balakrishna Pisupati, United Nations Environment Programme, Kenya 'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' -- Duncan Matthews, Queen Mary University of London, UK This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyzes developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, and biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies. Contents: 1. Introduction and Overview; 2. Patents, Agricultural Innovation and Sustainable Development; 3. Plant Intellectual Property Protection: Patents and Plant Variety Rights; 4. The International Legal Framework of Access to Plant Genetic Resources and Benefit Sharing; 5. Case Study: The Regulation of Crop Diversity in Viet Nam; 6. Conclusions; Bibliography; Index

Scientists are becoming progressively more involved in developing methods for increasing agricultural productivity and designing plants with certain qualities. As such, genetic engineering has given plant breeders a means to exercise property rights over different varieties of plants. This has created many implications and given way to much controversy, with most objections being raised against the idea of owning life. With the use of comparative studies, this book discusses the legal, agribusiness and public policy issues that connect intellectual property protection with advancements in agricultural biotechnology.

Since its emergence, big data has brought us new forms of energy, technology and means of organization which will generate greater values by crossover, integration, openness and sharing of data. Nevertheless, risks caused by open access and the flow of data also bring us enormous challenges to privacy, business secrets and social and national securities. This raises people's awareness on data sharing, privacy protection and social justice, and becomes a significant governance problem in the world. In order to solve these problems, Data Rights Law 1.0 is innovative in that it proposes a new concept of the "data person". It defines "data rights" as the rights derived from the "data person" and "data rights system" as the order based on "data rights". "Data rights law" is the legal normative formed out of the "data rights system". In this way, the book constructs a legal framework of "data rights-data rights system-data rights law". If data is considered as basic rights, on which new order and laws are to be built, it will bring brand new and profound meaning to future human life.

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.