Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education, and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behavior of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.

The Hague Agreement has provided international protection for industrial designs since 1925. The latest of several revisions, agreed upon at Geneva in 1999, is operational as of April 1, 2004, under the administration of the World Intellectual Property Organization (WIPO). The global protection of industrial designs, accommodating all forms of national protection systems, will be based on this treaty. This in-depth analysis by William T. Fryer, III, a well-known Professor of Law and patent attorney who participated [and participant] in the meetings and diplomatic conference that led up to the 1999 Act (as well as in subsequent user meetings), is unlikely to be superseded. It presents a detailed drafting history and expert analysis, as well as incomparable strategic guidance for attorneys, businesses, and governments in the implementation of the Act's provisions. Readers can expect all of the following and more: an overall understanding of how the 1999 Act operates to amend and update the Hague Agreement;

• expert analysis of the Act's key features;
• detailed exploration of the Act's drafting history;
• strategic insights into using the Act's provisions to protect industrial designs;
• guidance for governments considering adherence to the Act; and
• a source book for the main treaty documents.

Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media and entertainment law professionals. It is is designed to respond to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond. The special survey in this yearbook focuses on definitions of film and there are in-depth articles on topical subjects such as the Microsoft judgment and the impact of The Human Rights Act and the Data Protection Act.

The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law. Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Sithigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. Williams

The 7th edition of Understanding Equity and Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.

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.

This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter "SSA" or "Africa"). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime's inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.

It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brustle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

With respect to intellectual property regimes, a significant change in international governance rules is mandated by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).This topical volume deals with the processes through which TRIPS compliance was achieved in four developing country jurisdictions: Brazil, China, India and Thailand. More importantly, it analyses the macro and micro implications of TRIPS compliance for innovative activity in industry in general, but focuses specifically on the agrochemical, automotive and pharmaceutical sectors. This unique volume will appeal to a wide range of scholars working on development, evolutionary economics and technology. Contributors: T. Caliari, P. Charoenporn, S. Chaudhuri, S. Hong, P. Intarakumnerd, S. Mani, R. Mazzoleni, L. Nagarajan, R.R. Nelson, L. Martins Costa Povoa, C. Pray, V.K. Unni

This comprehensive introduction to challenges and possibilities in the recognition of indigenous intellectual property combines informative sections on the formal legal framework with richly detailed and historically contextualized accounts of key cases and developments. Connections to other big issues such as climate change and the digital revolution are well-drawn, while an insistent critical voice displays concern for indigenous agency, the tension between universality and cultural distinctiveness, and the place of indigenous customary law and sovereignty in intellectual property debates.' - Kirsten Anker, McGill University, Canada'Since the early 1990s, several collections on indigenous peoples and intellectual property have been published. But for depth, breadth and legitimacy, this one is the best so far. It delves into all conceivable facets of the problem. The geographical coverage is comprehensive. The authors are all outstanding scholars who write well, clearly and with authority and genuine devotion. It is especially gratifying to see contributions from indigenous people and experts with practical experience. This book is highly recommended.' - Graham Dutfield, University of Leeds, UK Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities. Contributors: F. Adcock, B.B. Arnold, S. Bannerman, J. Bannister, M. Barelli, A. Daly, J. de Beer, R. Dearn, D. Dylan, S. Gray, M. Hardie, S. Holcombe, T. Janke, C. Ncube, C. Oguamanam, M. Rimmer, D. Rolph, S. Rosanowski, M. Sainsbury, A.G. Siswandi, B. Tobin, R. Tushnet, W. van Caenegem, T. Voon

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.

With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.

This book is a reflection on domestic intellectual property lawmaking from a developing country's perspective. It focuses on Sri Lanka-a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka's obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka's domestic intellectual property regime to better address the country's domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

The book reads so easily you hardly notice the erudition that has gone into it. Whether the authors are right in thinking harmonisation would be easier than is supposed is an open question - one they make you think about seriously.' - Rt Hon Sir Robin Jacob, University College London, UKThis insightful study explores the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. It considers these matters in the real world transnational environment in which copyright law operates and suggests that the reality transcends the differences, offering a framework for meaningful harmonisation. The authors examine in detail and offer a critique of the sporadic and historic attempts at one or another form of harmonisation, via treaty and otherwise, from the creation of a minimal standards regime to the proliferation of substantive treaties. They similarly examine the respective competencies of the US and the EU to adopt a transnational regime, and propose a workable framework consistent with these competencies. Offering a critical analysis of treaties and other prior attempts at forms of harmonization, this book will have special appeal to governmental and nongovernmental individuals involved in the ongoing efforts of WIPO and the WTO, as well as copyright and intellectual property practitioners with internationally oriented practices. Contents: 1. Harmony, Policy, and Power 2. Minimum Standards and International Codes 3. Why We Don't Play Well with Others: U.S. Constitutional Constraints on Harmonisation of Copyright Law 4. If There is a Will, There is a Way.... The Broad Legislative Competence of the European Union 5. A Framework for Harmonisation Index

Wills from lower social status shed light on religious, social and cultural history. Lincolnshire has an extensive archive of sixteenth-century probate material, preserved in the registers of the consistory and archdeaconry courts of Lincoln, the peculiar court of the Dean and Chapter of Lincoln Cathedral, and thearchdeaconry court of Stow. Unlike the wills proved by the archiepiscopal probate courts of Canterbury and York, those from Lincolnshire reflect a population of lower social status. The overwhelming majority come from the ranks of husbandmen, yeomen, or tradesmen, rather than the gentry. In this respect the wills offer a valuable source for the cultural and religious preoccupations of the 'middling sort' and those lower in the social spectrum on the eve of the Reformation. Equally, the detailed bequests of property, livestock and land provide an insight into the material culture and prosperity of the testators, as well as extensive genealogical and topographical information of interest to local, regional and family historians.

This latest monograph by Professor Korah on the recent group exemption consists of a detailed and critical commentary on the technology transfer block exemption and guidelines of 2004, and of the case law of the ECJ and Commission on licensing and refusals to license, together with annotated copies of the regulation and guidelines. There is a substantial chapter on refusal to supply or license in the light of the recent case law under Article 82. It embraces many of the competition issues that may affect intellectual property rights. After a brief introduction, the work starts with short chapters on the free movement of goods and services, the status of the Commission's guidelines and the historically hostile attitude of the Commission under Article 81 towards licensing. It then launches into a detailed analysis of the regulation and the probable treatment of licences that do not fall within it. Throughout the book the author provides extensive analysis of policy and economics as well as comparison with US practice.

This book takes a unique approach to mitigate the problem of massive online copyright infringement and justify fan activities. It argues for a cooperative approach that encourages copyright owners to exert a degree of control over their fan creators. In contrast to the current approach, which treats fan utilizations as theft, this book suggests that the copyright owners and the lawmakers should instead distinguish between fan creators and commercial pirates, allowing them unleash their potential. This book offers a clear and comprehensive account of the fascinating aspects of legal problems created by fan activities in China, Japan and the United States, offering a valuable guide for students, practitioners, academics and entrepreneurs whose work involves or who are interested in cutting-edge legal issues in the creative industry. "Tianxiang He introduces us to the world of fandom inhabited by 'fan-subbers', fan-dubbers', 'mash-uppers', and 'fan-fictionists' against the backdrop of copyright law and policy in China. His work is engaging in that it not merely describes the law, but also the political dimension where copyright and state media control converge into a reality where being an artist or a fan is not that straightforward." -- Prof. Anselm Kamperman Sanders, Institute for Globalization and International Regulation (IGIR), Faculty of Law, Maastricht University "The tension between copyright holders and fan communities has been increasingly salient yet underexplored. This timely, insightful and deeply engaging book not only fills a niche, but also covers a country that has been rarely examined in this context. The book advances a promising model for the two groups to cooperate. It also explores complex issues concerning political culture, media regulation and civic engagement in China. A must read for anybody interested in copyright law, cultural production, digital technology or Chinese information policy." -- Prof. Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law

The use of trusts in the modern, globalised economy is expanding rapidly. Trusts are employed, among many other purposes, for tax and estate planning, to protect assets from political unrest, and to address forced heirship issues. Indeed, they have almost become a necessity in an era which has seen the rise of multinational corporations, the frequent transfer of employees across jurisdictions, and an increase in the adoption of residence in another country by retirees and expatriates. "Trusts in Prime Jurisdictions presents an overview of 15 jurisdictions where trusts are part of the economic and legal landscape. This volume comprises 27 expert papers, contributed by practitioners and academics, on various aspects of trust law, taxation and related subjects, both on and offshore. The work will be a valuable resource for the specialist practitioner wishing to gain a broader, international perspective, and for the professional newer to the field who requires a good basic knowledge of the subject.

In the absence of international rules governing parallel imports and exhaustion of intellectual property rights, issues arising in this context are left to the individual countries concerned. Asian countries, although generally more open towards parallel imports than Europe or the U.S., show marked differences both among their individual approaches and among the various intellectual property rights in question. Increasingly, permitting or blocking parallel imports of intellectually protected goods is regarded as a political decision to accommodate foreign pressure, domestic consumers, or right holders. Due to the diversity of legal regimes in the jurisdictions covered, reliable information on the regimes of parallel imports in Asia has been hard to come by. Now, Parallel Imports in Asia brings together the insight and experience of fourteen academics and practitioners in this specialized but highly significant field, each highly respected in his or her particular country. Two concise introductory chapters clearly present the economic and legal foundations of the subject matter. Then, thirteen chapters offer indepth analysis of exhaustion of intellectual property rights and parallel imports for each of twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam, Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong Kong, and India-plus the Australasian bloc. With this book, businesses in all of these countries-and in particular India and the Australasian countries-can assess the strength of their IP rights against parallel importation in other parts of Asia. All country reports are written in a uniform structure and take into account legal, political and economicconsiderations with respect to the parallel importation of patented, trademarked and copyrighted goods. A useful appendix provides a synoptically overview on the rules of parallel importation in Asia. While academics will find here a thought-provoking survey of an important but relatively unstudied area of intellectual property law, Parallel Imports in Asia will prove to be of greatest value to potential investors in Asia, particularly with regard to market separation and licensing agreements. It will also help practicing lawyers for globally operating companies to appropriately counsel their clients in this area of business decision making.

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

Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, varied actors in innovation, and multiple case studies from Asia and Latin America. IPRs and their interaction with other factors such as such as the quality of knowledge institutions (e.g. academia, public research institutes or industrial research centers such as science parks), availability of trained human capital, and networks for research collaboration or interaction (e.g. university-industry research collaboration or international collaboration) in a development context, is the subject of this book.Intellectual Property for Economic Development: - Considers the diverse forms of IPRs and technology transfer and their implications for economic development. - Analyzes the role of inventors in different contexts including those in universities and in domestic and international mobility and collaborations. - Presents in-depth analyses of specific issues involving IPRs in the context of countries at different levels of development, including Mexico, China and Korea. Focus is paid to the differences between East Asia and Latin America. This book will appeal to academics and researchers in the areas of development economics, the economics of IP, law and economics and IP innovation. Contributors: S.A. Ahn, C.R. Duran, B.H. Hall, A. Hu, S. Karmakar, J. Kim, Y.K. Kim, K. Lee, S. Lee, D.C. Lippoldt, G. Marschke, F. Montobbio, S. Nagaoka, T. Naotoshi, K.-H. Park, W.G. Park, V. Sterzi, J. Suh