This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law. The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks. Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook 's cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.

Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art. Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process. He considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. Thoroughly revised and updated, there are new chapters featuring a discussion of important new cases in copyright work-for-hire and fair use doctrines; the intersection of law and fan-based creations, such as fan fiction, fan art, fan film and cosplay; as well as a new chapter on licensing comics for motion pictures and television. Designed for academics, practitioners, students of law and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology. Expert contributors are brought together to explore patent eligibility in biotechnology, focusing on the fields of precision medicine, biofabrication and non-invasive prenatal testing. Chapters also explore the construction and coherence of exceptions to patentability,an examination of FRAND licensing in the context of the internet of medical things, and the possibility of using licensing to encourage or ensure the ethical use of patented technologies. With its carefully constructed analysis, this book will be an excellent resource for academic researchers, and students, in the fields of biotechnology law, pharmaceutical law and intellectual property law. It will also be useful for legal practitioners and policymakers, as well as charitable bodies and non-governmental organisations.

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.

Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform. Building upon the seminal contributions of Rochelle Dreyfuss, an international team of eminent intellectual property scholars address some of the most pressing questions surrounding the improvement of intellectual property law's role in promoting innovation. The book explores intellectual property's shifting boundaries and balance; its increasing relation to other global public goods such as public health; its re-configuration of traditional categories and concepts; its contradictory and incomplete implementation in international law; and its changing institutions. While diverse in subject matter, the individual contributions share the common premise that intellectual property must continually re-assess its foundational assumptions, doctrines, policies, and rationales against evolving political economies, social demands, and technologies. Thought-provoking and accessible, Improving Intellectual Property will prove an invaluable resource for academics, researchers, and students of international intellectual property law. Its exploration of how intellectual property law might promote innovation in conjunction with national, regional, and global policy goals will also be of interest to practitioners and policymakers.

Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville's classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition. As well as setting out the legal framework for the main IP rights - copyright, patents, designs, trademarks, and related rights - the book examines the enforcement of IP rights, and the relationship of IP with the EU's rules on the free movement of goods and competition. It also addresses the increasingly global exploitation of IP, while harmonisation remains partial, even at the EU level. This authoritative reference work is a rigorous and precise account of these complex and technical fields. It will be an essential resource for both practitioners and scholars in the field of IP. Key Features: Significantly updated and expanded since the second edition Precise and eloquent examination of all IP rights in the EU Coverage of the interaction between EU, National and International laws A key reference work for practitioners and academics

This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage, and highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law. This book will be an essential resource for scholars and students of cultural heritage law, as well as anthropology, ethnology, and cultural studies. Its panorama of national experiences will also be beneficial for persons involved in the safeguarding of intangible cultural heritage, including policy makers and NGOs.

Significantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content. Key features of this second edition include: thoroughly up-to-date analysis of decisions of the Court of Justice and the Commission article-by-article commentary on the latest directives and regulations in the field of e-commerce a unique structure featuring detailed tables of cases and legislation and paragraph references, enabling easy access to all substantive legal provisions new chapters featuring analysis of services in the internal market, copyright in the Digital Single market, measures concerning open internet access and more. This unique work provides an updated account of the essential pieces of EU legislation on e-commerce. Legal practitioners will benefit from the clear structure and close examination of key provisions. The book will also appeal to legal scholars and advanced students, who will appreciate the concise overview and thoughtful analysis on future developments in the field.

Integral to the commercial law field, Intellectual Property (IP) knowledge is central to culture, innovation, and enterprise. Looking forward to the new academic norm, Teaching Intellectual Property Law: Strategy and Management uses experience as well as interactive, practice-based methods for teaching IP to examine the various ways through which to move on from 'chalk and talk' methods. Crucial to science, technology, art, fashion and creative industries as well as to business creation and management, it is unsurprising that IP surfaces in curricula within and beyond the law school. Providing multiple examples, exercises and teaching tips to identify the transferable aspects of IP teaching, this book provides educators with new approaches to tailor content delivery to their students. Focused on the profile of the contemporary learner, it invites educators to adopt new approaches to impart knowledge that will empower IP students of all disciplines, at all levels. Teaching Intellectual Property Law: Strategy and Management will be a useful resource for higher education law academics offering Intellectual Property education modules in law schools, to facilitate contemporary approaches to traditional law school content. It will also be of value to tertiary educators inspired, or instructed, to include IP education in their programmes as well as enterprise and entrepreneurship educators and trainers, to further IP relevance to enterprise and entrepreneurship.

Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.

The world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be 'heftig umstritten' (fiercely contested) and 'tres difficile' (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the 'principle of national treatment' as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today? This book is an English translation of Sierd J. Schaafsma's groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation). Key features include: provides deep insight into the current state of affairs in international intellectual property law extensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Convention detailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law.

Written by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court's evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework. Key Features: Broad, practitioner-oriented approach offers a useful source of reference alongside practical guidance Analysis of SPC case law in light of developments in pharmaceutical technology, including both legal and technical aspects of the cases Examination of the lack of clarity in interpretation of the legislation and how this might be exploited by stakeholders Pharmaceutical Patents under the SPC Regulation is an indispensable practical resource for patent law practitioners, including patent attorneys and attorneys-at-law in the SPC field. It will also prove useful to national patent authorities, legislators, and academics working at the intersection between pharmaceuticals and legal research.

PUT YOUR HOUSE IN ORDER NOW WHILE YOU STILL CAN AND HELP YOUR LOVED ONES, EXECUTORS AND ATTORNEYS IN THE FUTURE Coping with your death or the diagnosis of a serious illness is bad enough, but having to make difficult decisions on your behalf can add further stress and heartache for your loved ones. State your preferences for the future now, and save them the extra heartache. My House is in Order will help you to eliminate the usual problems, doubts and arguments that inevitably arise when the time comes to act upon your Will or Lasting Power of Attorneys. The best made plans alone are very often not enough, there are always other problems and considerations to think of. My House is in Order will help you prevent the following from happening: Executors struggling to find all of your information Executors not sure of their duties or what to do first Family squabbles and feuds Executors & Attorneys doubting their own decisions Attorneys wondering what you would have preferred Forgetting about certain treasured possessions and pets Making the wrong funeral arrangements Having to pay unexpected taxes and bills Stephen James Drury has been helping and advising clients to preserve and protect their estates for the last 30 years.

In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years' experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists' rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.

This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions. The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value. This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.

2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second. This comprehensive Research Handbook explores the history and development of WIPO from its conception, through the changing of its mission over time, to its current position as a largely self-financing specialized UN agency. Chapters examine WIPO's education and technical assistance programmes, its relationship with the WTO, its interaction with emerging economies and WIPO's role in treaty interpretation and substantive and procedural harmonization. The Research Handbook on the World Intellectual Property Organization will be a key resource for scholars of trade and development, and intellectual property. It will also be of value to intellectual property practitioners, government officials and non-governmental organizations concerned with intellectual property, trade, development, and human rights issues and advocacy. Contributors include: T. Aplin, M. Blakeney, A.F. Christie, G. Davies, G. Dinwoodie, R. Dreyfus, A. Duxbury, M. Ficsor, S. Frankel, D. Gangjee, D. Gervais, R. Giblin, J. Ginsburg, I. Heath, A. Kur, J. Liedes, D. Lindsay, A. Quaedvlieg, J. Reichman, S. Ricketson, A. Taubman, S. von Lewinski, K. Weatherall, R. Xalabarder, P.K. Yu

The Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence. First, the book advocates for a more holistic approach to authorship, arguing that there is no good reason to exclude computer-generated and artificial intelligence creations from copyright. Second, it conducts an open search for the right 'candidate' for ownership. In doing so, the book explores several possible legal frameworks, including assigning ownership to the programmer, the user, the AI itself and other alternatives such as the public domain or author-in-law approaches. Third, the book explores the concept of artificial intelligence as it has developed through the years in various fields, seeking to reframe the AI legal concept. For academic scholars and law students these pages frame the theoretical discussion about artificial intelligence creations and provide in depth discussion about artificial intelligence legal challenges.

This accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests. Offering a complementary analysis, The Subjects of Literary and Artistic Copyright explores how copyright regulates the production and management of literature and art. The book examines the creators of literature and art, as well as market operators such as publishers and "managers" including museums, galleries, and universities. The perspectives offered cover a diverse range of subjects, and confront the regular contradictions and conflicts that occur within literary and artistic copyright interests. The chapters illustrate, via historical and empirical analysis, that established practices and traditional approaches to the management of copyright need to be revisited, in order to be more aligned with current social and technological frameworks. Providing a starting point for future research paths on copyright practices in art and literature, this insightful book will be of interest to legal academics looking to expand their knowledge of literary and artistic copyright. Law professionals with interests in intellectual property and art law will also benefit from its novel approach.

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. Volume 1 explores the the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade. Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.

This timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control. The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels - in the context of current issues and future trends, including those related to COVID-19 - and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed. Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.

The proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies. This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners. Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. Yadin

This significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. This unique Commentary describes and analyses each EU directive in turn and discusses anticipated future challenges, utilising a clear structure to enable the reader to navigate the Commentary effectively. Written by a team of leading experts in the field, this Commentary combines theory and practice to tackle the role of copyright in society and the economy, making this a key resource for academics, researchers, practitioners and policymakers in copyright and comparative law.