Creativity, Law and Entrepreneurship addresses the relationship between law (institutions and regulations) and entrepreneurship (human activity with the aim of creating something new). Human activity is the essence of entrepreneurship. What unites law and creativity, work and play, is their shared origins in this activity. In this book, a varied group of scholars examine the building blocks of entrepreneurship by not only addressing the legal institutions that might regulate and promote enterprise, but by also exploring the very idea of creativity. The contributions to this volume provide a set of guideposts for understanding the connections among law, markets and human activities. They include chapters on: empirical evidence about creativity in the realm of patent, copyright, and trademark; exploration of our understanding of the transition from physical work to the mental work of inventing and creating and; examination of the legal process of patenting, contracting and transacting more generally. Collectively, the book explores the meanings and functions of creativity, and the role of law and legal institutions in promoting and sustaining entrepreneurial activity. Scholars, students and practitioners in entrepreneurship, law and the wide range of fields that are interested in, and benefit from, creative human activity will find this volume illuminating. Contributors include: M.M. Carpenter, D.R. Desai, S. Ghosh, S.J.H. Graham, C.B. Graber, R.S. Gruner, D. Halbert, S.A. Hetcher, M.J. Madison, R.P. Malloy, S.M. O Connor, T. Sichelman

In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk. This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: 'Best practice' on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.

As the publishing, film and music industries are dominated by Big Media conglomerates, there is often recourse to simplistic ideological and conspiratorial readings of industry dynamics. Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author explains why copyright is much more than a creator's private property right or a mechanism through which corporations control cultural production and influence mass consumption choices. The volume is grounded in extensive, painstakingly detailed and colourful original archival research into business histories of major successful artists including Conan Doyle, Hall Caine, Margaret Atwood, Dame Nellie Melba, Radiohead and Banksy, and the industries and genres that grew up around their activities. Chapters address big questions about how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries. It includes discussion of the creation of new formats, the interplay between old media and new technologies, international copyright reform and cross-industry relations. Copyright, Creativity, Big Media and Cultural Value is a wide-ranging and important resource for students and practitioners of law and policy, media studies, cultural studies and literary history.

While franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs.This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement?s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume ? Research Handbook on the Protection of Intellectual Property under WTO Rules ? this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.This accessible Handbook will be invaluable not only for academics, policymakers, and professionals in the area of intellectual property, but for all those interested in or working with the intricacies of the WTO system.

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples? heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future. Contents: T.G. Agitha, G. Carmichael, S. Elahi, Y. Futoshi, N.S. Gopalakrishanan, K. Karachalios, J.P. Kesan, M.A. Lemley, C. McGinley, K. Motohashi, N. Nakayama, C. Neppel, Y. Omori, Z. Ping, B. Rutz, R. Shimanami, V. Yumy Mitsuuchi-Kunisawa

The 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union's Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court's decision and the Database Directive, but none have put forth a viable solution or questioned the debate's underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.

For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.

'This book brings to bear Professor Maggiolino's considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino's book covers a large range of IP practices by dominant firms where competition law can be invoked, including 'sham' litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as 'must' reading.' - From the foreword by Herbert Hovenkamp, University of IowaThis insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization. Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; Bibliography

This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered. Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters. This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law. Contributors include: G. Biagioni, A. Bonomi, B. Campuzano Diaz, J. Carruthers, S. Corneloup, G. Cuniberti, E. D'Alessandro, P. Franzina, M. Gebauer, C. Kohler, S. Marino, C. Mariottini, D. Martiny, C.I. Nagy, J. Re, C. Ricci, A. Rodriguez Benot, L. Sandrini, I. Viarengo, P. Wautelet

In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

This book is based on the Telecommunications Policy Research Conference which reports on research into telecommunications policy issues. While the conference is now a respectable 23 years old, this is only the second printed edition of selected papers. A new law, the Telecommunications Act of 1996, accelerated the process of integration in the communication industry and made major revisions to the Communications Act of 1934 that increase the incentive for integration within the industry. Although the papers in this volume were written prior to the passage of the new law, their importance is merely enhanced by it. They deal with fundamental, complex policy problems that arise when previously separate segments of the telecommunications industry are integrated, rather than specific regulatory rules that are likely to be changed under the new law. With the passage of this law, the timeframe for developing appropriate policies for an integrated industry has been shortened. Changes expected to occur over a period of several years will now likely occur much more rapidly. These papers provide insights to help guide the transition in the industry.
Divided into five parts, this volume:
* deals with problems of transforming local exchange telephone service from a monopoly in each geographical area to an interconnected competitive network of networks,
* considers the pricing problems that arise in an integrated network carrying traffic of different types across multiple service providers,
* examines the problem of achieving interoperability in complex networks,
* considers issues of intellectual property that arise in expected integrated networks of the future, and
* discusses electronic publication of scholarly journals, copyright protection, and the applicability of copyright law in the digital age.

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

Readers say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents" Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one's trust with no lawyers and no expense. Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients' heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys' fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.

The 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws. A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations. Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. Suthersanen

'This is the best industry-focussed legal textbook I've seen. Rosie covers a lot of ground and navigates complex areas of law in plain English. The book is accessible, well-structured and highly relevant.' - James Sweeting, Senior IP Counsel, Superdry PLC 'A refreshingly insightful overview of the legal challenges and opportunities facing fashion businesses operating today in Europe. It condenses vast realms of information into digestible and practical summaries, all written in a modern and commercial voice that enthuses passion for this fabulous industry.' - Head of Legal, Online Fashion Business, UK European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. Readers will benefit from: The logical and easy-to-follow structure which highlights relevant legal considerations at each stage in the development of a fashion business First-hand, practical guidance on commercial issues associated with the fashion industry, including: how to avoid costly legal disputes, launching a website and working with third parties Advice on how to protect a company's intellectual property at each stage of business development: from registering designs to combating counterfeits A concise overview of relevant EU legislation and case law as it applies in practice. This inherently practical book will be a helpful go-to guide for those running a fashion business and for their in-house legal teams. For lawyers in practice the book will be useful point of reference when advising fashion and retail clients. For students of fashion, design, retail, or intellectual property, this book will provide a practical grounding to accompany academic studies.

The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers. Contributors: S.D. Anderman, R.B. Bakels, S.J.R. Bostyn, D.L. Burk, V. Di Cataldo, V. Falce, C. Geiger, R.M. Hilty, C.M. Holman, M.A. Lemley, A. Ottolia, J. Pila, J.R. Thomas, P.L.C. Torremans

Trademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression. Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice. Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.

Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' IP rights.The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and 'intellectual' - such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work. Contributors: T. Aplin, S. Ericsson, J. Griffiths, A. Kur, N. Lee, S. Maniatis, A. Ohly, A. Quaedvlieg, G. Rinkerman, K. Schmitt, Y. Tamura, N. van der Laan, G. Westkamp

This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys. Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Goeetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Muller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. Thomas

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users' fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law. To prove the point, the book provides a comprehensive analysis of causes and effects of propertization in copyright history, comparing the impact of private and constitutional property doctrines in selected national experiences with the unsystematic propertization of EU copyright. The author argues for a systemization of EU copyright law, and provides practical examples of how propertization could help tackling the pitfalls of the harmonization process, achieving a greater interpretative coherence and a more stable copyright balance. Academics and policy makers engaged in the debate on EU copyright harmonization will find the multidisciplinary approach employed in this work compelling. Judges, practitioners and graduate students interested in deepening their knowledge of the construction of EU copyright will also find in this book an all-encompassing resource, rich in practical and theoretical insight.

"An invaluable tool to help you collect the information your attorney needs." --Michael Cragun, Utah State Tax Commissioner An Accessible Guide to Estate Planning With Estate Planning (in Plain English)(R), readers will learn to comprehend the legal jargon and navigate the complex rules involved in preparing one's estate. The authors provide clear information and cite actual cases to help readers approach the process with the confidence and knowledge they need to make the best decisions for their heirs. Chapters discuss important topics such as: Estate plans, wills, and a variety of trusts Guardians, powers of attorney, advance directives, and other essential documents Life insurance Digital assets Gifts Tax considerations Avoiding probate Identifying and caring for estate property Settling business assets Finding a lawyer An invaluable reference for those preparing their estates and for their families, Estate Planning (in Plain English)(R)will enable readers to take the necessary steps to preserve their legacies.