The Logic of Innovation examines not merely the supposed problem of the efficacy and relevance of intellectual property, and the nature of innovation and creativity in a digital environment, but also the very circumstances of that inquiry itself. Social life has itself become a sphere of production, but how might that be understood within the cultural and structural transformation of creativity, innovation and property? Through a highly original interlocutory and therapeutic approach to the issues in play, the author addresses the concepts of innovation and the digital by means of an investigation through literature and the imagination of new scenarios for language, business and legal reform. The book undertakes a complex inquiry into innovation and property through the wonder of Alice's journeys in Wonderland and through the Looking-glass. The author presents a new theory of familiar production to account for the kinship that has emerged in both informal and commercial modes of innovation, and foregrounds the value of use as crucial to the articulation of intellectual property within contemporary models of production and commercialization in the digital.

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.

This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law - such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 - while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges - such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects - such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK, and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy makers, legal practitioners, business managers, inventors, scientists, and researchers. Contributors include: A. Agovic, A. Bostanci, J. Calvert, G. Dutfield, D.M. Gitter, R. Gold, F. Hemmings, E. Hemmungs Wirten, S. Holcombe, T. Janke, P.-B. Joly, Y. Joly, A. McLennan, D. Nicol, M. Rimmer, J.D. Sarnoff

Trusts and Equity, part of the Foundations Series, offers a comprehensive, clear and straightforward account of the law ideal for LLB and GDL students.

Are intellectual property rights like other property rights? More and more of the world's knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.

As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners' intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans' use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a safe harbor for fan fiction.

The breadth of coverage that this book offers is unmatched by its competitors - it really is comprehensive, providing much more depth of analysis than others on the commercial context of trusts, for example. Hudson is not afraid to tackle topics which are complex and challenging for students and which are therefore sometimes glossed over by other books, or couched in impenetrable academic language. Hudson's extensive use of illustrative examples throughout the text affords the book clarity of explanation and helps to bring complex and challenging topics to life. Hudson draws out areas of contemporary interest and controversy and takes time to explain academic debates really clearly for students. The book masters the balance between consideration of trusts in the domestic environment and in the commercial arena to offer students a comprehensive and balanced overall view of the subject.

This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable. Contributors include: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Diaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van Eechoud

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

Intellectual Property Branding in the Developing World identifies success stories in the areas of intellectual property (IP) and branding for non-technological innovation in the developing world. The author examines the relationship between IP, branding and innovation to demonstrate that innovation, in general, and non-technological innovation, in particular, must go hand in hand with branding. Branding of non-technological innovations should be a good strategic tool to be used by countries in the developing world mainly in the areas where they have competitive advantages. This book will assist scholars and academics dealing with innovation, branding, and IP issues, providing context and guidance to policymakers from the developing world. It is also relevant to researchers and students in the fields of intellectual property law, commercial law, international law, management, and innovation.

This path-breaking research review brings together seminal contributions by leading scholars to the vibrant literature on copyright that has emerged over the past few decades. This consists of articles analyzing copyright from the perspective of history, philosophy and democratic theory and then focuses on the economics of copyright, including monopoly theory, public goods theory, price discrimination, transaction cost economics and political economy.

Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book. This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process. Contributors include: I. Calboli, L. Carlsson, J. Cross, L.S. Gomez Madrigal, M. Graner, W. Grosheide, S. Hetcher, R.M. Hilty, O.A. Krauss Torres, S. Nerisson, J.R. Peritz, A. Peukert, O.A. Rognstad, J. Rosen, J. Schovsbo, G. van Overwalle, A. Oyewunmi, S. von Lewinski, K. Weckstrom, S. Wolk, H. Xue

The breadth of coverage that this book offers is unmatched by its competitors - it really is comprehensive, providing much more depth of analysis than others on the commercial context of trusts, for example. Hudson is not afraid to tackle topics which are complex and challenging for students and which are therefore sometimes glossed over by other books, or couched in impenetrable academic language. Hudson's extensive use of illustrative examples throughout the text affords the book clarity of explanation and helps to bring complex and challenging topics to life. Hudson draws out areas of contemporary interest and controversy and takes time to explain academic debates really clearly for students. The book masters the balance between consideration of trusts in the domestic environment and in the commercial arena to offer students a comprehensive and balanced overall view of the subject.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

In this timely title Professor Arti Rai brings together a wide range of articles that reveal the important role of intellectual property law in the formation and development of the dynamic and economically significant biotechnology industry. The collection encompasses theoretical articles that present principles of patent economics important to the industry, articles that discuss the patent law doctrines most relevant to biotechnology and empirical studies on the 'real world' effects of patents and secrecy. These are resonant issues in an ever-expanding field, and will establish this book as an essential reference point for lawyers, researchers and students.

An Economic Perspective on Trade Mark Law uses economic analysis to examine the capacity of a trade mark to stimulate and strengthen demand for marked products and the trade mark's role in marketing and business organization. It uses this perspective to evaluate the exclusive rights that trade mark owners enjoy and other issues in trade mark law. It will argue that the trade mark has enabled marketing to develop as a distinct form of economic activity and that the trade mark's flexibility as a structuring device has had a major impact on the evolution of the firm and on the organization of streams of economic activity. This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark law and/or marketing will also find much to interest them in this insightful book. Contents: 1. Trade Marks in Modern Commercial Life; 2. The Legal Nature of a Trade Mark as a Marketing Resource and a Structuring Device; 3. The Marketing Power of Trade Marks; 4. Trade Marks and the Organization of Economic Activity; 5. An Economic Perspective on Trade Mark Law; 6. Concluding Thoughts; Index

The Routledge Companion to Remix Studies comprises contemporary texts by key authors and artists who are active in the emerging field of remix studies. As an organic international movement, remix culture originated in the popular music culture of the 1970s, and has since grown into a rich cultural activity encompassing numerous forms of media. The act of recombining pre-existing material brings up pressing questions of authenticity, reception, authorship, copyright, and the techno-politics of media activism. This book approaches remix studies from various angles, including sections on history, aesthetics, ethics, politics, and practice, and presents theoretical chapters alongside case studies of remix projects. The Routledge Companion to Remix Studies is a valuable resource for both researchers and remix practitioners, as well as a teaching tool for instructors using remix practices in the classroom.

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

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

Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe. Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, US

This important study brings together some of the best current research on Kaempfer (author of the History of Japan, also published by Curzon) for the first time and includes a close analysis of 6 key topics from the writing of the History to an interpretation of the interpreter himself.

This comprehensive, three-volume set reprints the most important published articles in an area that is attracting increasing controversy - the political economy of intellectual property rights. Christopher May - a leading authority in the field - has selected material that provides important insights on the global governance of intellectual property. This will be essential reading for anyone wishing to come to grips with the major policy issues emerging in the new millennium. Professor May has also provided an introduction that will serve as an authoritative and comprehensive guide to the main issues under discussion. This three-volume set will be an invaluable reference source for scholars and practitioners seeking an in-depth understanding of the main issues in this important field.

Lipton considers the balance between trademark policy, free speech and other pressing interests in domain names, such as privacy and personality rights and cultural and political interests.

The average cost of an uncomplicated patent application filing is about $10,000. This high cost can leave thousands of inventors out in the cold. Filing Patents Online: A Professional Guide is a complete manual that walks inventors through each step of filing and prosecuting the patent online at a fraction of the cost. The online filing system recommended in the book allows continuous monitoring of the review status and for a much faster approval than the traditional route. Drawing from the many years of the author's experience as both an inventor and a patent agent, this guide teaches the methods of research, planning, and the art of writing winning claims that will result in commercially valuable patents.