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

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

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

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

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.

Intellectual Property Law in The Netherlands deals with IP rights, unfair competition law, internet-related aspects, and procedural law aspects. Since Dutch IP law is of an increasingly European character, the relevant EC law aspects and the decisions of the European Court of Justice are also discussed. This volume offers a practical guidance for both in-house counsels and IP lawyers who encounter Dutch IP law issues. Intellectual Property Law in The Netherlands covers an area that is practised in several law firms in The Netherlands. There are only a few, however, that provide the in-depth expertise that meets the degree of sophistication demanded by the international business community. Allen & Overy is unanimously recognized as one of the few belonging to the first tier of leading IP firms. The Amsterdam IP practice group closely co-operates with the IP departments of Allen & Overy in other countries, and Allen & Overy's cross-border CMT Group (Communications, Media, and Technology).

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

This Research Handbook explores contemporary intangible cultural heritage (ICH) from the perspectives of both law and heritage. It questions, probes and interrogates many different aspects of contemporary ICH, including the definitions and legal frameworks designed to safeguard it. In doing so the Research Handbook highlights not only gaps and inconsistencies, but also questions the relevance, of the legal framework as it applies to ICH itself. Each chapter is concerned with a different aspect of contemporary ICH, international treaties and the law, including the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. A diverse range of contemporary examples are explored, ranging from the local and global identity of migrant children, to language and the Berlin techno music scene. Taken collectively, and with its focus on ?'contemporary?' culture, this Handbook is a departure from the established discourse that tends to include some forms of heritage to the exclusion of others. The authors challenge the authority of existing legal instruments, expose their limitations and propose innovative ways in which contemporary forms of ICH can be safeguarded, whether via the law or other means. This innovative Handbook will be of great interest to academics researching the legal protection of ICH and the relationship between ICH, human rights, communities, identity and international trade. Those with an interest in the protection of a-typical intellectual property will also find this Handbook to be a source of valuable information. Contributors include: L. Belder, J. Blake, M. Blakely, A. Brown, J. Brown, N. Chipangura, L. Colomer, C. Cummings, Y. Donders, H. Enright, A. Figaroa, S. Harding, L. Lixinski, F. Macmillan, M. Pavis, J. Schofield, V. Vadi, J. van Donkersgoed, A. Vavaide, C. Waelde

During the past few decades, private equity (PE) has attracted considerable attention from investors, practitioners, and academicians. In fact, a substantial literature on PE has emerged. PE offers benefits for institutional and private wealth management clients including diversification and enhancement of risk-adjusted returns. However, the lack of transparency, regulatory restrictions, and liquidity concerns that exist for some PE options limit their attractiveness for some investors. Private Equity: Opportunities and Risks offers a synthesis of the theoretical and empirical literature on PE in both emerging and developed markets. The book examines PE and provides important insights about topics such as major types of PE (venture capital, leveraged, buyouts, mezzanine capital, and distressed debt investments), how PE works, performance and measurement, uses and structure, and trends. Readers can gain an in-depth understanding about PE from academics and practitioners from around the world. Private Equity: Opportunities and Risks provides a fresh look at the intriguing yet complex subject of PE. A group of renowned experts take readers through the core topics and issues of PE, and also examine the latest trends and cutting-edge developments in the field. Additionally, discussion of research on PE permeates the book. The coverage extends from discussing basic concepts and their application to increasingly complex and real-world situations. Thus, this volume spans the gamut from theoretical to practical, while offering a useful balance of detailed and user-friendly coverage. This fresh and intriguing examination of PE is essential reading for anyone hoping to gain a better understanding of PE, from seasoned professionals to those aspiring to enter the demanding world of finance.

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By its in-depth analysis and clear conclusions, Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements. Lucie Guibault is Senior Researcher at the University of Amsterdam's Institute for Information Law (IViR). Ot van Daalen is an attorney with the firm of De Brauw Blackstone Westbroek in Amsterdam. This is Volume 8 in the Information Technology and Law (IT&Law) Series

Although the commercial activity of merchandising - the use of names or images or other representative elements to enhance the promotion or sale of products or services - has been known for over a century, it is only since the latter years of the 20th century that it has been significant enough to merit treatment as a distinct subject of intellectual property law. Yet, to date, no specific law governing merchandising exists in any country. This book asks if such a law should exist-specifically, a uniform law at the international level. The book focuses on the legal strategy and monitoring of merchandising campaigns of a cross-border nature in 17 European countries. Drawing on the local expertise of contributing authors from each country, it presents a detailed comparative analysis of the manifold legal issues related to merchandising practices. These include the following: the inadequacy of trade mark licenses to encompass the "affinity" motive of the purchaser of merchandising; the overlapping rights of a manufacturer and a merchandiser in the same product; deficiencies in unfair competition law concerning merchandising; the question of whether merchandising symbols could be registered in a manner analogous to (but distinct from) trade marks; the question of whether copyright law may be extended to protect the merchandising use of a copyrighted or copyrightable element; the ownership of merchandising rights; and the question of whether a merchandising right can persist after the protection of the symbol itself has lapsed. "Character Merchandising in Europe" marshals evidence that merchandising law, although it can hardly be said to exist as such, is nonetheless implied in an extensive body of pronouncements from the various fields of intellectual property law. This perception is supported by the first judicial decision on the protection of merchandising activities, recently rendered by the European Court of Justice and supplied in full text as an annexe to this volume.

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

This book evaluates the risks that China's intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country's innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.

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

For this comprehensive collection, the editor has brought together key readings on the subject of the law and economics of intellectual property rights - patents, copyrights and trademarks. It provides a judicious selection of the most important published research on this crucial topic, drawing equally from the law and economics literature. It thus brings together frequently cited classic articles that are rarely encountered in a single published source. The articles have been selected on the basis of three primary criteria: their continuing influence in legal and economic discussions; their longevity (important in a field where the volume of published work is very large and growing very quickly); and their relevance to contemporary theoretical and policy debates. The chosen writings delve deeply into theory, empirics, and institutional detail, ranging from Edwin Mansfield's early, influential study on patents and imitation costs, to very recent work on the relationship between copyright law and the first amendment. This collection makes an indispensable desk reference for scholars of intellectual property rights.

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

A Guide to Intellectual Property Law covers the most common forms of intellectual property law, namely copyright, trademarks, patents and the delict of unfair competition.

The book closely follows the relevant legislation and contains explanations of the most important South African cases. The book also introduces the relatively new IP subjects of the internet, biodiversity and traditional knowledge and also includes a chapter on international IP law, in which the main treaties are summarised.

Aimed particularly at students and young professionals, more senior lawyers should also find it useful as a consolidated quick reference handbook.

Contents Include:

• Introduction to IP law
• Copyright
• Trademarks
• Offences & remedies in terms of the Counterfeit Goods Act 37 of 1997
• Patents
• Unlawful competition
• IP & the internet
• Biodiversity & traditional knowledge
• A comprehensive subject index for easy reference

When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References

This research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.

This book focusses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the contributors look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from 11 Latin American countries, have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.