Adventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the coming of age of the institutions, archetypes, and attitudes that define American popular culture. With a client list that included Charlie Chaplin, Al Jolson, Frank Costello, Victor Herbert, Mae West, Gloria Morgan Vanderbilt, Arnold Rothstein, and Samuel Goldwyn, Burkan was "New York's Spotlight Lawyer" for more than three decades. He was one of the principal authors of the epochal Copyright Act of 1909 and the guiding spirit behind the American Society of Composers, Authors, and Publishers (Ascap), which provided the first practical means for songwriters to collect royalties for public performances of their works, revolutionizing the music business and the sound of popular music. While the entertainment world adapted to the disruptive technologies of recorded sound, motion pictures, and broadcasting, Burkan's groundbreaking work laid the legal foundation for the Great American Songbook and the Golden Age of Hollywood, and it continues to influence popular culture today. Gary A. Rosen tells stories of dramatic and uproarious courtroom confrontations, scandalous escapades of the rich and famous, and momentous clashes of powerful political, economic, and cultural forces. Out of these conflicts, the United States emerged as the world's leading exporter of creative energy. Adventures of a Jazz Age Lawyer is an engaging look at the life of Nathan Burkan, a captivating history of entertainment and intellectual property law in the early twentieth century, and a rich source of new discoveries for anyone interested in the spirit of the Jazz Age.

Written by an individual with experience as both a chemist and a patent attorney, "The Chemist's Companion Guide to Patent Law" covers everything the student or working chemist needs to know about patentability, explaining important concepts of patent law (such as novelty, non-obviousness, and freedom-to-operate) in easy-to-understand terms. Through abundant examples from case law as well as real-world situations with which a researcher might be faced, this book provides readers with a better understanding of how to put that knowledge into practice.

This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them - something more than mere pretext.

The technology and application of artificial intelligence (AI) throughout society continues to grow at unprecedented rates, which raises numerous legal questions that to date have been largely unexamined. Although AI now plays a role in almost all areas of society, the need for a better understanding of its impact, from legal and ethical perspectives, is pressing, and regulatory proposals are urgently needed. This book responds to these needs, identifying the issues raised by AI and providing practical recommendations for regulatory, technical, and theoretical frameworks aimed at making AI compatible with existing legal rules, principles, and democratic values. An international roster of authors including professors of specialized areas of law, technologists, and practitioners bring their expertise to the interdisciplinary nature of AI.

This open access book is the outcome of a Global Forum on Innovation, Intellectual Property and Access to Medicines held in December 2019 at the Max Plank Instititute in Munich, organised by the South Centre and the Max Plank Institute. The academics and experts from international organisations participating have contributed chapters to this book. The book is for policy makers (in Ministries of Health, Ministries of Trade, Ministries of Foreign Affairs, patent offices), but also relevant for academics (law, trade, public health), on the flexibilities available in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization to promote access to medicines.

Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law - a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers. This first of its kind book demonstrates how neuroscience can improve our flawed approach to regulating creative conduct and commercial communications when applied with careful attention to the reasons that our system of intellectual property law exists. With a host of real-life examples of art, design, and advertising, the book charts a path forward for legal actors seeking reforms that will unlock artistic innovation, elevate economic productivity, and promote consumer welfare.

Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law - a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers. This first of its kind book demonstrates how neuroscience can improve our flawed approach to regulating creative conduct and commercial communications when applied with careful attention to the reasons that our system of intellectual property law exists. With a host of real-life examples of art, design, and advertising, the book charts a path forward for legal actors seeking reforms that will unlock artistic innovation, elevate economic productivity, and promote consumer welfare.

The first comprehensive analysis of the emergence of academic brands, this book explores how the modern university is being transformed in an increasingly global economy of higher education where luxury is replacing access. More than just a sign of corporatization and privatization, academic brands provide a unique window on the university's concerns and struggles with conveying 'excellence' and reputation in a competitive landscape organized by rankings, while also capitalizing on its brand to generate revenue when state support dwindles. This multidisciplinary volume addresses topics including the uniqueness of academic brands, their role in the global brand economy of distinction, and their vulnerability to problematic social and political associations. By focusing on brands, the volume analyzes the tensions between the university's traditional commitment to public interest values - education, research, and the production of knowledge - and its increasingly managerial culture framed by corporate, private values. Available as Open Access on Cambridge Core.

This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

In the global infectious-disease research community, there has long been uncertainty about the conditions under which biological resources may be studied or transferred out of countries. This work examines the reasons for that uncertainty and shows how global biomedical research has been shaped by international disputes over access to biological resources. Bringing together government leaders, World Health Organization officials, and experts in virology, wildlife biology, clinical ethics, technology transfer, and international law, the book identifies the critical problems - and implications of these problems - posed by negotiating for access and sharing benefits, and proposes solutions to ensure that biomedical advances are not threatened by global politics. Written in accessible, non-technical language, this work should be read by anyone who sees global health and biomedical research as a priority for international lawmakers.

In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

Adventures in Childhood connects modern intellectual property law and practice with a history of consumption. Structured in a loosely chronological order, the book begins with the creation of a children's literature market, a Christmas market, and moves through character merchandising, syndicated newspaper strips, film, television, and cross-industry relations, finishing in the 1970s, by which time professional identities and legal practices had stabilized. By focusing on the rise of child-targeted commercial activities, the book is able to reflect on how and why intellectual property rights became a defining feature of 20th century culture. Chapters trace the commercial empires that grew around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and The Wombles to show how modern intellectual property merchandising was plagued with legal and moral questions that exposed the tension between exploitation and innocence.

This book comprehensively discusses the main features of the Chinese patent law system, which not only legally 'transplants' international treaties into the Chinese context, but also maintains China's legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius's classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.

Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor's manual for this book is currently being developed. If you are interested in receiving updates about the availability of this resource, please contact the author directly. This book is also available as Open Access on Cambridge Core.

Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor's manual for this book is currently being developed. If you are interested in receiving updates about the availability of this resource, please contact the author directly. This book is also available as Open Access on Cambridge Core.

How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.

The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of "intellectual property," is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.

Preferential Services Liberalization offers the first, comprehensive analysis of the conditions that the World Trade Organization sets for preferential trade agreements (PTAs) in the area of services. Johanna Jacobsson provides an in-depth analysis of the relevant GATS rules, puts forward a practical method to analyze services PTAs, and applies the method to services agreements concluded by the EU. The result is a detailed examination of the legal criteria for services PTAs and methods to study them, combined with a better understanding of the level of liberalization reached by the EU and its member states. This book does go beyond the EU in analyzing the implications that multi-level governance has for international services liberalization. It proposes a new approach to study services commitments of any federal state and argues that lower levels of government should receive more attention in international negotiations over services trade.

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and non-legislative regulatory solutions.

Health research around the world relies on access to data, and much of the most valuable, reliable, and comprehensive data collections are held by governments. These collections, which contain data on whole populations, are a powerful tool in the hands of researchers, especially when they are linked and analyzed, and can help to address "wicked problems" in health and emerging global threats such as COVID-19. At the same time, these data collections contain sensitive information that must only be used in ways that respect the values, interests, and rights of individuals and their communities. Sharing Linked Data for Health Research provides a template for allowing research access to government data collections in a regulatory environment designed to build social license while supporting the research enterprise.

This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.

Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.

Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

Essential Law for Information Professionals, fourth edition, provides up-to-date and easy-to-follow practical guidance on the law as it affects information management and the principles underlying practice. Using individual cases to illustrate these core principles and contextualise regulations, it cuts through the legalese to provide exactly what's needed in an easily digestible format showing examples of how the law has worked in practice in specific legal cases. The book gives readers the tools to quickly assess legal hazards and identify solutions. Information law is a particularly fast moving area of law. In the eight years that have passed since the best-selling third edition was published, there have been many changes to the legislation and numerous legal cases which have further developed our understanding of the law. The fourth edition fully reflects those changes, which include: a new chapter on library law which covers the legal framework for libraries (concentrating on legislation and soft law relevant to libraries) implementation of the GDPR through the Data Protection Act 2018 a major overhaul of the copyright exceptions, and the 2018 implementation of the Marrakesh Treaty the Re-Use of Public Sector Information Regulations 2015 and the implications of the 2018 proposals for a new re-use directive extension of the public lending right scheme to e-books CILIP's ethical framework. Essential Law for Information Professionals is an essential guide for anyone working in the information professions. It is also the ideal legal textbook for students of information studies and librarianship.