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.

Artistic authorship is fundamental to how we interpret and value artworks. The figure of the solitary, creative genius underpins the symbolic and monetary values we ascribe to artworks; yet artistic authorship, like ownership, is often contested and unstable. This interdisciplinary collection of essays, written from legal, art historical and art market perspectives, critically examines the construction and iteration of the artist-author both during the lifetime of the artist and beyond - when artistic authorship is stewarded by others, including artists' estates, foundations and museums. Drawing on current cases and past legal disputes, this important anthology addresses enduring issues that have become central to the contemporary art world, such as the collision between artists' rights and the rights of the owners of artworks, the problems of authentication and who has the final authority to determine authenticity, and the role of artists' estates as legacy guardians.

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

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.

The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.

International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajon of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz's interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively 'traditional' or 'indigenous' and held in ways which are not 'traditional' or 'customary', may be accommodated in emerging traditional knowledge laws.

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased's remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.

When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.

What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.

This book is about fiduciary law's influence on the financial economy's environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of 'nature's trust' to metaphorically signal how fiduciary responsibility should accommodate society's dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature's capital. We should expect everyone to act in nature's trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?
Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. "The Eureka Myth" cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, "The Eureka Myth" draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.

"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.

Boosting Pharmaceutical Innovation In The Post-TRIPS Era investigates the concept of innovation and illustrates the crucial role that patent strategies play within processes of pharmaceutical innovation. Drawing on extensive country and company case studies, it identifies the key issues relevant to the revival of local pharmaceutical industries.Based on an understanding of the post-TRIPS environment and case studies of national innovation strategies, the book specifically addresses an important question - to what extent can lessons from national experiences be transferred to current policy developments for innovation in the pharmaceutical industry in a developing country context? The book sets out a number of recommendations on how this can be achieved. It suggests that it can be done in relation to the key development objectives of promoting the technological and scientific advancement of the country, enhancing local pharmaceutical innovation capacities, adapting patent law to own local realities, providing wide access to medicines and knowledge, safeguarding public health interests, and fostering innovation. Practitioners and policy planners within the pharmaceutical industry will deem this book invaluable as it addresses a number of practical implications for the promotion of the pharmaceutical industry. It will also be of enormous interest to students, researchers and academics specializing in intellectual property law and policy, science and technology, and the management of technology and innovation. Contents: 1. Introduction 2. Innovation 3. Innovation and the Pharmaceutical Industry 4. Looking at the Big Picture: National Innovation System 5. Innovation Country Case Studies 6. A Real Life Company Case Study; TEVA Pharmaceuticals Ltd. and its Distinctive Trajectories 7. Real life lessons for the developing world Bibliography Index

The Freedom of Information Act 2000 came into force on 1 January 2005, creating a new statutory 'right to open government'. It imposed new duties on public authorities regarding the disclosure and handling of information. The fifth edition of this popular Guide offers the most up-to-date guidance on the Act, taking into account all the changes since the publication of the last edition. Most significantly, the developments have been in relation to the case law and this Guide features expert analysis of the most noteworthy decisions and their impact on this area of law. The Guide is essential reading those working within, or advising, public bodies; those advising clients with a personal, professional, or commercial interest in obtaining information; and those advising business clients on the accessibility of commercially sensitive information. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

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

'The rapid evolution of China from an ''emerging'' to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.' - Antony Taubman, Director, IP Division, WTO'This edited volume offers an excellent comprehensive overview of China's intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China's IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China.' - Mark Wu, Harvard Law School 'The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from ''made in China'' to ''created in China''. This book also helps us to understand about the interplay between China's intellectual property protection system and the potential for transition of China's economy, and provides numerous means to deal with the legislative difficulties in China's innovation-oriented strategy.' - Wu Handong, Zhongnan University of Economics and Law, China Written by some of China's leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China's Supreme People's Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China's position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable. Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R. Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X. Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J. Zhipei, L. Zuming