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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law

Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment (Hardcover): Manuel... Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment (Hardcover)
Manuel Teehankee
R4,349 Discovery Miles 43 490 Ships in 10 - 15 working days
Media Law - A Practical Guide (Revised Edition) (Paperback, New edition): Ashley Messenger Media Law - A Practical Guide (Revised Edition) (Paperback, New edition)
Ashley Messenger
R1,744 R1,509 Discovery Miles 15 090 Save R235 (13%) Ships in 12 - 19 working days

Media Law: A Practical Guide (Revised Edition) provides a clear and concise explanation of media law principles. It focuses on the practical aspects of how to protect oneself from claims and how to evaluate the likelihood of a successful claim. This new edition has been revised to reflect important changes and updates to the law, including recent developments relating to scandalous trademarks, embedding, fair use, drones, revenge porn laws, interpretation of emoji, GDPR, false statements laws, lies, and the libel implications of the #MeToo movement. Media Law is divided into five sections that help non-lawyers understand how the principles apply to their actual behavior: background information about the legal system; things you can be sued for; how you actually gather information; ways the government can regulate speech; and practical issues that are related to media law. This book is perfect for courses in media and communications law or a combination course in journalism law and ethics, as it covers both the legal and ethical aspects of communication.

Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover):... Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover)
Qinqing Xu
R4,466 Discovery Miles 44 660 Ships in 12 - 19 working days

Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members' rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs' monopoly, members' rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators' interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC's monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Piracy in the Digital Era - Psychosocial, Criminological and Cultural Factors (Hardcover, 1st ed. 2019): Sanjeev P. Sahni,... Piracy in the Digital Era - Psychosocial, Criminological and Cultural Factors (Hardcover, 1st ed. 2019)
Sanjeev P. Sahni, Indranath Gupta
R2,873 Discovery Miles 28 730 Ships in 10 - 15 working days

This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property - A Global Primer (Hardcover): Paul Kuruk Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property - A Global Primer (Hardcover)
Paul Kuruk
R4,656 Discovery Miles 46 560 Ships in 12 - 19 working days

This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.

Research Handbook on Intellectual Property and Investment Law (Hardcover): Christophe Geiger Research Handbook on Intellectual Property and Investment Law (Hardcover)
Christophe Geiger
R7,293 Discovery Miles 72 930 Ships in 12 - 19 working days

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gaspar-Szilagyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu

The EU Design Approach - A Global Appraisal (Hardcover): annette kur, Marianne Levin, Jens Schovsbo The EU Design Approach - A Global Appraisal (Hardcover)
annette kur, Marianne Levin, Jens Schovsbo 1
R3,486 Discovery Miles 34 860 Ships in 12 - 19 working days

EU legislation for the protection of designs has been described as a 'third way?'in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade. The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up to date EU and national case law. Contributors include: G. Dinwoodie, S. Dogan, P. Fabbio, F. Kur, M. Levin, A. Ohly, J. Schovsbo, S. Teilmann-Lock, Q. Yin, W. Zhang

Data Protection Implementation Guide - A Legal, Risk and Technology Framework for the GDPR (Hardcover): Brendan Quinn Data Protection Implementation Guide - A Legal, Risk and Technology Framework for the GDPR (Hardcover)
Brendan Quinn
R4,505 Discovery Miles 45 050 Ships in 10 - 15 working days
Authorship and Copyright (Hardcover): David Saunders Authorship and Copyright (Hardcover)
David Saunders
R2,908 Discovery Miles 29 080 Ships in 12 - 19 working days

First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical 'birth of the author' or the language-based post-structuralist 'death of the author.' Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.

Medical Patent Law - The Challenges of Medical Treatment (Hardcover): Eddy D. Ventose Medical Patent Law - The Challenges of Medical Treatment (Hardcover)
Eddy D. Ventose
R4,999 Discovery Miles 49 990 Ships in 12 - 19 working days

'Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and - dare I say - surgical manner. The book is a 'must read' for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection.' Emir Aly, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot 'Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States.' Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It first considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.

Protecting Creativity in Fashion Design - US Laws, EU Design Rights, and Other Dimensions of Protection (Hardcover): Susanna... Protecting Creativity in Fashion Design - US Laws, EU Design Rights, and Other Dimensions of Protection (Hardcover)
Susanna Monseau
R4,461 Discovery Miles 44 610 Ships in 12 - 19 working days

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

Intellectual Property and Business (Hardcover): Stephen E Margolis, Craig M. Newman Intellectual Property and Business (Hardcover)
Stephen E Margolis, Craig M. Newman
R14,801 Discovery Miles 148 010 Ships in 12 - 19 working days

The law and economics of intellectual property is attracting increased attention as technological innovation continues to have a major impact on economic growth. This authoritative two-volume set brings together the most significant scholarship on intellectual property. It provides comprehensive coverage, with a mix of theory, empirics and institutional details. The emphasis is on more recent writings, although it also includes some early work that continues to provide the platform for contemporary scholarship.This book will be an essential source of reference for both academics, students and practitioners concerned with this exciting new field of research.

Intellectual Property, Pharmaceuticals and Public Health - Access to Drugs in Developing Countries (Paperback, New ed.):... Intellectual Property, Pharmaceuticals and Public Health - Access to Drugs in Developing Countries (Paperback, New ed.)
Kenneth C. Shadlen, Samira Guennif, Alenka Guzman, Narayanan Lalitha
R1,322 Discovery Miles 13 220 Ships in 12 - 19 working days

'Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.' - Carlos Correa, University of Buenos Aires, Argentina This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law. Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzman, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. Watanabe

Copyright, Communication and Culture - Towards a Relational Theory of Copyright Law (Hardcover): Carys J. Craig Copyright, Communication and Culture - Towards a Relational Theory of Copyright Law (Hardcover)
Carys J. Craig
R3,329 Discovery Miles 33 290 Ships in 12 - 19 working days

In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities. Contents: 1. Introduction Part I: Copyright and Cultural Creativity in Context 2. Constructing Authorship: The Underlying Philosophy of the Copyright Model 3. Authorship and Conceptions of the Self: Feminist Theory and the Relational Author Part II: The Origin of Copyright: Locke, Labour and Limiting the Author s Right 4. Against a Lockean Approach to Copyright 5. The Evolution of Originality: The Author s Right and the Public Interest Part III: Use, Transformation and Appropriation : Exploring the Limits of Copyright 6. Fair Dealing and the Purposes of Copyright Protection 7. Dissolving the Conflict between Copyright and Freedom of Expression 8. Final Conclusions Index

Intellectual Property Issues in Microbiology (Hardcover, 1st ed. 2019): Harikesh Bahadur Singh, Chetan Keswani, Surya Pratap... Intellectual Property Issues in Microbiology (Hardcover, 1st ed. 2019)
Harikesh Bahadur Singh, Chetan Keswani, Surya Pratap Singh
R4,414 Discovery Miles 44 140 Ships in 10 - 15 working days

In the current era current era of significant innovations, science and technology are powerful tools improving human welfare through prosperity and sustainable development. The development of microbiology based industries in any given country is shaped by the characteristics of its technology-particularly its close relation to scientific knowledge, and by country-specific factors such as the level and nature of the scientific knowledge base, the institutional set-up, and the role assumed by the government, all of which influence the country's ability to exploit the new opportunities. This unique book presents an integrated approach for sustained innovation in various areas of microbiology. Focusing on the industrial and socio-legal implications of IPR in microbiological advances, it offers a comprehensive overview not only of the implications of IPR in omics-based research but also of the ethical and intellectual standards and how these can be developed for sustained innovation. The book is divided into three sections discussing current advances in microbiological innovations, recent intellectual property issues in agricultural, and pharmaceutical microbiology respectively. Integrating science and business, it offers a glimpse behind the scenes of the microbiology industry, and provides a detailed analysis of the foundations of the present day industry for students and professionals alike.

Cross-Border Copyright Licensing - Law and Practice (Hardcover): Carlo S. Lavizzari, Rene Viljoen Cross-Border Copyright Licensing - Law and Practice (Hardcover)
Carlo S. Lavizzari, Rene Viljoen
R5,464 Discovery Miles 54 640 Ships in 12 - 19 working days

In today's legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations. Key features include: chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USA discussion of the inter-relation between copyright licensing and competition law clear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of reference contributions from expert practitioners with invaluable first hand knowledge of international licensing practices. This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices. Contributors include: A. Apostolidis, H. Blignaut, K. Golish, P.G. Granados, E. Hochstadt, B. Kalra, B. Lindner, R. Lukyanov, T. Misra, L.C. Nian, D.S. Nocetti, J.B. Nordemann, T. Pattloch, S. Rab, A. Risely, W. Strong, K. Sysoeva, K. Tsuru

The Economics of Intellectual Property and Openness - The Tragedy of Intangible Abundance (Paperback): Bartlomiej Biga The Economics of Intellectual Property and Openness - The Tragedy of Intangible Abundance (Paperback)
Bartlomiej Biga
R669 Discovery Miles 6 690 Ships in 12 - 19 working days

This book focuses on the economic aspects of intellectual property (IP). It includes considerations of the wider category of intangible assets. However, the primary focus is devoted to patents which the author argues are the most vivid example of the Tragedy of Intangible Abundance (TIA). TIA touches upon a key issue in the contemporary economy. On the one hand, there is an enormous supply of IP, yet, on the other hand, such an abundance does not necessarily solve existing issues but rather creates new ones as well. This book elaborates on the reasons for the emergence of TIA and its consequences. The author uses clear metaphors to explain very complex issues. The book provides a valuable and interdisciplinary analysis of the field and offers practical solutions. It is based on the data collected by the author during the qualitative research he conducted among a group of start-ups. It presents guidance on determining which instrument is the most efficient for a particular situation. It also provides arguments for decision-makers and their advisors as to why a more open approach towards intellectual property would be more beneficial under many circumstances in the contemporary economy. While universal issues are addressed, the author distinguishes the European perspective too. The book is written in a clear and concise style and covers all of the crucial aspects of IP management. It will find an audience among scholars of economics and business.

Genetic Resources and Traditional Knowledge - Case Studies and Conflicting Interests (Hardcover): Tania Bubela, E. Richard Gold Genetic Resources and Traditional Knowledge - Case Studies and Conflicting Interests (Hardcover)
Tania Bubela, E. Richard Gold
R4,188 Discovery Miles 41 880 Ships in 12 - 19 working days

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. Zhang

Research Handbook on Intellectual Property and Creative Industries (Hardcover): Abbe E.L. Brown, Charlotte Waelde Research Handbook on Intellectual Property and Creative Industries (Hardcover)
Abbe E.L. Brown, Charlotte Waelde
R6,380 Discovery Miles 63 800 Ships in 12 - 19 working days

The creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights. Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP. Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. Yudhishthir

Towards an Ecological Intellectual Property - Reconfiguring Relationships Between People and Plants in Ecuador (Paperback):... Towards an Ecological Intellectual Property - Reconfiguring Relationships Between People and Plants in Ecuador (Paperback)
David J. Jefferson
R1,317 Discovery Miles 13 170 Ships in 12 - 19 working days

This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

Copyright, Data and Creativity in the Digital Age - A Journey through Feist (Paperback): Julian Warner Copyright, Data and Creativity in the Digital Age - A Journey through Feist (Paperback)
Julian Warner
R1,317 Discovery Miles 13 170 Ships in 12 - 19 working days

The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision's conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.

Intellectual Property in Russia (Paperback): Natalia M Udalova, Anna S. Vlasova Intellectual Property in Russia (Paperback)
Natalia M Udalova, Anna S. Vlasova
R1,318 Discovery Miles 13 180 Ships in 12 - 19 working days

Intellectual property rights are essential for a firm's competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.

Disrupting Copyright - How Disruptive Innovations and Social Norms are Challenging IP Law (Paperback): Margery Hilko Disrupting Copyright - How Disruptive Innovations and Social Norms are Challenging IP Law (Paperback)
Margery Hilko
R1,316 Discovery Miles 13 160 Ships in 12 - 19 working days

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

The Origin of Copyright - Expression as Knowing in Being and Copyright Onto-Epistemology (Paperback): Wenwei Guan The Origin of Copyright - Expression as Knowing in Being and Copyright Onto-Epistemology (Paperback)
Wenwei Guan
R1,311 Discovery Miles 13 110 Ships in 12 - 19 working days

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

Copyright Law and Translation - Access to Knowledge in Developing Economies (Paperback): Chamila Talagala Copyright Law and Translation - Access to Knowledge in Developing Economies (Paperback)
Chamila Talagala
R1,318 Discovery Miles 13 180 Ships in 12 - 19 working days

Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the developing economies and a lack of expertise and general lack of awareness surrounding copyright law in the developing world. Highlighting the need to reform international copyright law to promote the needs and interests of developing countries such as Sri Lanka, the book points to a possible way forward for developing countries to achieve this and to address the problem of striking a proper and delicate balance in their copyright laws between the protection of translation rights and the ability of people to access translations of copyright protected scientific and technical learning materials.

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