This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the "system changes that will be brought about by technological changes" from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China's system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data, sets the foundations for a new legal system for our data-driven generation.

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

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.

Creativity is at the vanguard of contemporary capitalism, valorised as a form of capital in its own right. It is the centrepiece of the vaunted 'creative economy', the creative industries, and is increasingly a focus of public policy. But what is economic about creativity? How can creative labour become the basis for a distinctive global industry? And how has the solitary artist, a figment of the romantic thought, become the creative entrepreneur of twenty-first century economic imagining? This book offers a fresh approach to this topic within the creative industries through a focus on intellectual property. It follows IP and its associated rights (IPR) through the creative economy, showing how it shapes creative products and configures the economic agency of creative producers. IP helps to manage risk, settle what is valuable, extract revenues, and protect future profits. It is the central mechanism in organising the market for creative goods. Most importantly, it shows that IP/IPR is crucial in the dialectic between symbolic and economic value on which the creative industries depend; IP/IPR hold the creative industries together. This book is based on a detailed empirical study of creative producers in the UK, extending the sociological studies of markets to an analysis of the UK's creative industries. In doing so, it makes an important, empirically grounded contribution to debates around creativity, entrepreneurship, and uncertainty in creative industries, and will be of interest to scholars and policymakers alike.

There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).

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.

This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It examines the conflict between intellectual property rights (exclusive rights limited normally to the territory of a single Member State) and the principle of free movement of goods and services in the internal market. The various tests and theories propounded by the European Court of Justice in attempting to resolve that conflict are explained from a critical standpoint. The ramifications of the exhaustion-of-rights principle are explored and chapters of this volume are devoted to trade marks, patents, and copyright. Finally, the volume examines the limitations on the exercise of intellectual property rights as a result of EC competition law.
Volume 2 will cover EU legislation which has harmonized intellectual property law and created unitary intellectual property rights such a the Community trade mark.

Nach der "Stufentheorie" erhielt Design als "angewandte Kunst" nur bei "deutlichem UEberragen der Durchschnittsgestaltung" Urheberrechtsschutz. Mit dem "Geburtstagszugs-Urteil" gab der Bundesgerichtshof diese Theorie auf und setzte das Schutzniveau fur angewandte Kunst mit dem der rein bildenden Kunst gleich. Die Autorin untersucht, ob dies gerechtfertigt ist - insbesondere mit Blick auf die Vorgaben der Europaischen Union fur Urheber- und Designrecht. Sie analysiert das aktuelle Schutzniveau von Design nach den neuen Schutzkriterien des Bundesgerichtshofs. Dabei beleuchtet sie die praktischen Folgen fur den Schutz und die Nutzung von Design. Zuletzt eroertert sie Alternativen fur den urheberrechtlichen Schutz von Design, auch mit Blick auf die Rechtslage in Frankreich und Grossbritannien.

The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions.

Technological and economic concerns have long been the drivers of debate about copyright. But diverse disciplines in the humanities - including literary studies, aesthetics, film studies, and the philosophy of art - have a great deal to offer if we wish to establish a more nuanced and useful conception of copyright and authorship. This volume brings together scholars from a range of disciplines to explore the challenges inherent in translating aesthetics and creativity studies to concepts of copyright, especially as longstanding approaches are troubled by the rise of the digital.

A complete guide to the complex procedures that govern this dynamic topic, this one-volume resource features expert commentary along with practical guidance on protecting intellectual property rights using U.S. trade laws. It also includes helpful information on U.S. trade remedies affecting intellectual property rights.
Featured topics include:
- Unfair trade practice remedies under Section 337of the Tariff Act of 1930
- Customs Service enforcement against counterfeit goods and goods that infringe trademarks, trade names, and copyrights
- "Gray market" or Parallel goods
- The enforcement of intellectual property rights under international trade agreements

This work provides detailed coverage of the current state of international treaty law in respect of copyright issues relating to the Internet and E-commerce. The centre-piece of the book is an article-by-article analysis of the two key World Intellectual Property Organisation (WIPO) treaties tackling the subject: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both negotiated primarily as a response to technological developments such as the Internet. It also includes detailed comparative material showing how the WIPO treaties are being implemented elsewhere in the world, and in particular how the EU, Japan and the US are responding to these key issues. This includes analysis of the key EU Directive on Copyright and Related Rights in the Information Society, which is intended to roll out protection across Europe for copyright holders operating in the digital arena.

Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book's exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.

The astute management of technology is essential for firms who wish to compete within the new economy. In this in-depth study, David Teece considers how firms can exploit technological innovation, protecting their intellectual capital, while staying ahead of the competition. Providing frameworks as well as practical advice, he looks in particular at the organization structures most likely to support innovation, and how managerial decisions and strategy affect the division of the gains. Essential reading for academics, managers, and students alike who want to keep abreast of contemporary strategic challenges.

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.

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.

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.