This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.

'Biopiracy' refers either to the unauthorized extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date.

The book synthesizes the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

This book is the first of its kind to teach scientists and engineers beyond simply getting a patent granted. Rather, it also introduces the basis of patent licensing and related business aspects to inventors in order to help them create better patents that can be capitalized. This book covers aspects from basic concepts of patent laws, patent preparation to patent post granting and patent licensing in an easy-to-understand language for inventors. It also provides tips and pitfalls on how an inventor should assist in all phases of patent filing, prosecution and licensing. Through the author's extensive scientific background and experience, numerous cases are provided.

This book offers a comprehensive, easy to understand guide for startup entities and developing companies, providing insight on the various sources of funding that are available, how these funding sources are useful at each stage of a company's development, and offers a comprehensive intellectual property strategy that parallels each stage of development. The IP strategies offered in this book take into consideration the goals that most startups and companies have at each stage of development, as well as the limitations that exist at each stage (i.e., limited available resources earmarked for intellectual property asset development), and provides solutions that startups and companies can implement to maximize their return on intellectual property investments. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by startups and companies across all industries. Readers will garner an appreciation for the value that intellectual property rights provide to a startup entity or company and will gain an understanding of the types of intellectual property rights that are available to companies and how to procure, utilize and monetize those intellectual property rights to help their company grow.

Commercial Law The International Academy of Estate and Trust Laws (IAETL) meets each May to spend a week of intensive engagement with issues of direct and immediate concern to estate and trusts lawyers. More than merely an assembly of commentators and interpreters, the IAETL is a prestigious body that affects real change in courts, law reform commissions, and governmental agencies. Its membership - including solicitors, barristers, notaires, judges, and scholars, all experts in trusts, estates, and inheritance law, and/or tax law - highlight the contrasts and comparisons between the pertinent laws of civil and common law jurisdictions. This volume records the May 2002 conference in Rome, which featured four distinct areas of discussion and debate: how trusts in the civilian context (specifically Italy) are subjected to taxation; the delicate balance between inter vivos and postmortem taxation; a lively debate on the nature and rationale of the inheritance tax; and how best to serve the client at the same time as meeting one's ethical obligations. As always, this outstanding annual (the fourth in this series published by Kluwer Law International) continues to offer perspectives that open on ideas in themselves, apart from the demands and responsibilities of knowing and applying the law in busy demanding professional and scholarly environments. For this reason especially it is sure to engage the deep interest of researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.

While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming increasingly integrated in our daily lives. Recognising the importance of these technologies, this book explores how existing legal protection methods may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space. In this detailed and considered study, Tosaporn Leepuengtham examines the problems which may arise in terms of the protection of intellectual property rights in space activities under two national jurisdictions; the US and the UK. She explores the conflict between intellectual property law's scheme of private exclusive rights and the fundamental principle of space law, which is the common heritage of mankind. Furthermore, this book offers potential solutions to this conflict, including suggestions for best practice implementation of law and policy recommendations for balancing and better protecting the interest of rights holders and the public in space activities. Raising pertinent questions, it eloquently provides a springboard for future study. Novel and engaging, this book will appeal to scholars and students of Intellectual Property Law and various related topics including patent and copyright law, space law, private international law and technology law. Government agencies, policy makers and officials, in particular those responsible for issuing and implementing law, regulations and policies governing space industry will also find a wealth of knowledge herein.

This book is the first wide-ranging guide to the key issues of intellectual property and ownership, genetics, biodiversity and food security. Proceeding from an introduction and overview of the issues, comprehensive chapters cover negotiations and instruments in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization, World Intellectual Property Organization, the International Union for the Protection of New Varieties of Plants and various other international bodies. The final part discusses the responses of civil society groups to the changing global rules, how these changes affect the direction of research and development, the nature of global negotiation processes and various alternative futures. Published with IDRC and QIAP.

The 2005 Special Issue of the Comparative Law Yearbook of International Business addresses issues relating to security in immovables. Each Chapter contains an overview of the security in immovables laws of a particular country. The laws vary widely among the countries; the word immovable (or real property in Common Law jurisdictions) even has different definitions in different countries. Crossborder transactions involving immovables are integral to international business dealings. This publication provides a general overview of the methods by which immovables are secured in various countries, and each chapter contains details such as the priority granted creditors and openness of the land registers. Each chapter contains a country-specific explanation of the method by which one obtains a mortgage, lien, or similar security, and an exploration of the possible problems that might arise during Such a process. In addition, special attention is given to the obstacles facing non-nationals interested in buying immovables. The book evidences the varied attitudes at governments towards the purchase of immovables by non-nationals. In some countries, such as The Philippines, non-nationals are prohibited from buying land. Other countries, such as the Slovak Republic, allow foreign acquisition of nearly any immovable, only forbidding purchase of items that no private citizen can own, such as the country's rivers. This publication reflects recent developments in security in immovables, especially in Eastern Europe. The chapter on immovables in Ukraine is based on the country's new property laws, passed in 2004. The chapters on the Czech Republic, the Slovak Republic and Hungary all reflect thechanges brought by accession to the European Union, The acquisition of property in a foreign country is an integral facet of international business and practitioners will find this publication's in-depth instructions for the purchase of security in immovables useful as it pertains to individual countries. In addition to showing practitioners how transactions work for individual countries, readers will be able to compare diverse legal regimes to find the one most favorable for their particular business transactions.

This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.

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 book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.' - Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany 'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.' - Rochelle Dreyfuss, New York University, School of Law, US Intellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G. Wurtenberger, P. Yu

This work presents an authoritative examination of the inter-relationships between the law, intellectual property rights, biodiversity protection, biotechnology and the protection of traditional knowledge. It includes twenty-eight chapters from dozens of international legal and scientific experts containing a comprehensive assessment of the issues complete with thorough references; and an essential references for all legal libraries, legal practitioners, science libraries, corporations involved in pharmaceuticals or biotechnology and conservationists and other NGOs. How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity.

Professor Stazi's volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on 'patentability of life' - both in the EU and the USA - is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.' - Alberto Musso, University of Bologna, Italy'The appropriate protection of biotechnological inventions and the so-called 'patentability of life' are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi's book is thus a very timely contribution, managing the 'tour de force' of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.' - Christophe Geiger, CEIPI, University of Strasbourg, France In today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyzes the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life. The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation. Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.

This book provides a comprehensive, interdisciplinary and highly accessible introduction to water resource management, covering topics such as: the ecology of surface waters international regulations and economics stakeholder participation in management tools and methods for decision making integrated modelling decision making and water policies stakeholder participation and social issues. Experts across a wide range of specialist fields including social sciences, informatics, ecology and hydrology are brought together in this truly multidisciplinary approach to water management. They provide the reader with integrated insights into water resource management practices that underpin the three pillars of sustainable development - environment, economics and society - through a series of international case studies and theoretical frameworks.

With the proliferation of Internet access, e-commerce systems are increasingly important as a new and effective method to distribute, transact, and exploit digital multimedia content. With the growth of multimedia content, management and protection become a critical issue, creating a need for digital rights management systems. Digital Rights Management for E-Commerce Systems highlights innovative technologies used for the design and implementation of advanced e-commerce systems facilitating digital rights management and protection. Through comprehensive coverage of the full range of technological, legal, and social issues related to digital rights management, this authoritative scholarly work provides researchers, practitioners, and students with a complete understanding of the most critical concerns of today's digital content industry.

Readings in Law and Popular Culture is the first book to bring together high quality research, with an emphasis on context, from key researchers working at the cutting-edge of both law and cultural disciplines.

Fascinating and varied, the volume crosses many boundaries, dealing with areas as diverse as football-based computer games, Buffy the Vampire Slayer, digital sampling in the music industry, the films of Sidney Lumet, football hooliganism, and Enid Blyton. These topics are linked together through the key thread of the role of, or the absence of, law - therefore providing a snapshot of significant work in the burgeoning field of law and popular culture.

Including important theoretical and truly innovative, relevant material, this contemporary text will enliven and inform a legal audience, and will also appeal to a much broader readership of people interested in this highly topical area.

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists. Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field. Contributors: A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.

Over the years, photographs have enjoyed a variety of forms of protection, but traditionally the protection of photographs has been placed within the law of copyright. While photography as a technique has been around for 150 years, protection issues in photography, as in copyright in general, have been complicated by the advent of new technology, enabling the digital storage, alteration, and reproduction of images and facilitating their global dissemination via the Internet. Until now, very little has been written in English about the protection of photographs. This work provides an overview of the law and history of photograph protection in 16 jurisdictions. Each country chapter provides a survey of the major issues of photographic protection, broken down for easy reference into eight sections: definition, originality, authorship and ownership, term of protection, economic rights, moral rights, contracts and the relationship of copyright with privacy and publicity rights. This book should be of interest to anyone concerned about the discrepancies within the copyright protection scheme in an age of increasing globalization. In particular, it should be useful for copyright lawyers, collecting societies, photographers, photograph agencies and publishers seeking clear information about the copyright implications of photographs.

Although much has been written about the history of copyright and authorship in the eighteenth and nineteenth centuries, very little attention has been given to the impact of the development of other kinds of intellectual property on the ways in which writers viewed their work in this period. This book is the first to suggest that the fierce debates over patent law and the discussion of invention and inventors in popular texts during the nineteenth century informed the parallel debate over the professional status of authors. The book examines the shared rhetoric surrounding the creation of the 'inventor' and the 'author' in the debate of the 1830s, and the challenge of the emerging technologies of mass production to traditional ideas of art and industry is addressed in a chapter on authorship at the Great Exhibition of 1851. Subsequent chapters show how novelists Charles Dickens, Elizabeth Gaskell, and George Eliot participated in debates over the value and ownership of labour in the 1850s, such as patent reform and the controversy over married women's property. The book shows the ways in which these were reflected in their novels. It also suggests that the publication of those novels, and the celebrity of their authors, had a substantial effect on the subsequent direction of these debates. The final chapter shows that Thomas Hardy's later fiction reflects an important shift in thinking about creativity and ownership towards the end of the century. Patent Inventions argues that Victorian writers used the novel not just to reflect, but also to challenge received notions of intellectual ownership and responsibility. It ends by suggesting that detailed study of the debate over intellectual property in the nineteenth century leads to a better understanding of the complex negotiations over the bounds of selfhood and social responsibility in the period.

The great virtue of this work is found in its excellent structure. The first part provides a neat introductory road map for fundamental trade secrets concepts, then considers the TRIPS obligation, the trade secret law of the United States with well explained sections on trade secrets in business transactions, employment relations, enforcement and litigation, government secrets and data exclusivity. The second part provides country overviews with sections for common law and civil law countries and the appendices examine aspects of the proposed EU Directive. This is a comprehensive, sensible, practical, intelligently balanced, thoroughly researched and well written work that will be of real value to anyone interested in this increasingly important area of commercial law.' - Ping Xiong, University of South Australia'This book makes a remarkable contribution to the understanding of the legal foundations and main features of trade secret law in several jurisdictions. It also provides useful guidance to deal with practical issues concerning trade secrets protection. While carefully addressing the balance between the protection of private interests and the principles of free competition, the book examines recent initiatives to fight cyber-espionage and their implications for the configuration of trade secrets law, the enforcement of rights and professional practice.' - Carlos M. Correa, University of Buenos Aires, Argentina Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions. Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries. The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies. Key features: - Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies. - Covers both business-to-business and employment relationships. - Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan. - Dependable analysis from two leading scholars in the field. - Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation. - Clear guidance on enforcement mechanisms and litigation procedure. This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

Featuring expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright. Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. Watt

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.