This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.

The legal protection of geographical indications (GIs) is characterised by a variety of approaches which translates the many objectives attached to them. These range from protection of the consumers and producers' interests against unfair competition practices, to territorial development, to preservation of cultural heritage and natural resources. Looking beyond formal legal protection for GIs, this book seeks to re-draw attention to what happens in the real world by exploring the opportunities and constraints which influence whether regional product branding initiatives are successful. It asks: what makes GIs work in practice and does the type of legal protection matter? To answer these questions, this book takes a comparative case study approach and draws upon empirical data collected from 12 GI initiatives in two countries, France and Vietnam. In doing so, this book not only provides new insights and perspectives to the ongoing international legal dispute over GIs, it also contributes to unpacking the factors that make GIs work in practice to bring about economic and non-economic benefits and ultimately support the empowerment of local producers. This book will be of interest to legal academics and practitioners as well as food sociologists, economists, anthropologists and rural development experts.

This is a traditionally organized Trusts and Estates casebook that draws its materials exclusively from the case law and statutes of Wisconsin. The materials consist of judicial opinions from the Wisconsin Supreme Court, lower state courts, and federal courts operating in Wisconsin, as well as substantial materials taken from the current Wisconsin Statutes pertaining to probate, wills and intestacy, marital property, will substitutes, trusts, and fiduciary duties. A limited number of notes highlight the areas in which Wisconsin law departs from the national norm. As a consequence of the state specific focus of the text and the fact that cases are drawn from across the span of Wisconsin's history, it is possible to see the way in which the law of wills and trusts (and professional responsibility) has responded to changing social circumstances and evolving patterns of wealth distribution. About the author: Prof. J. Gordon Hylton, is a graduate of Oberlin College and the University of Virginia Law School, and holds a PhD in the History of American Civilization from Harvard University. He has taught at the Marquette University Law School since 1998, and has also taught at Chicago-Kent College of Law and as a visiting professor at Washington University, Washington and Lee, and the University of Virginia. He is the co-author of two Property Law Casebooks, Property Law and the Public Interest (Lexis/Nexis, 3rd ed. 2007) and A Concise Introduction to Property Law (Lexis/Nexis 2011). He is a former member of the Wisconsin Supreme Court's Committee on Wisconsin Legal History and a member of the American Society for Legal History.

This book considers the rapidly evolving, both legally and socially, nature of image-based abuse, for both minors and adults. Drawing mainly from UK data, legislation and case studies, it presents a thesis that the law is, at best, struggling to keep up with some fundamental issues around image based abuse, such as the sexual nature of the crimes and the long term impact on victims, and at worst, in the case of supporting minors, not fit for purpose. It shows, through empirical and legislative analysis, that the dearth of education around this topic, coupled with cultural norms, creates a victim blaming culture that extends into adulthood. It proposes both legislative developments and need for wider stakeholder engagement to understand and support victims, and the impact the non-consensual sharing of intimate images can have on their long-term mental health and life in general. The book is of interest to scholar of law, criminology, sociology, police and socio-technical studies, and is also to those who practice law, law enforcement or wider social care role in both child and adult safeguarding.

Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

There is no longer any doubt that, for the foreseeable future, public access to computer software and information is essential for the economic development of every country on earth, rich and poor. Yet it is precisely here, in this most forward-looking of technologies, that the ancient legal battle lines of private ownership versus public interest are being drawn again, with extreme intransigence, in the field of international law pertaining to intellectual property rights. In a situation bristling with ironies, it is particularly disturbing that the rampant software piracy in developing nations undermines local development of this crucial economic sector, halting growth and actually reinforcing the global dominance of a few U.S. companies. It is urgently necessary to create a legal framework that not only protects licensors and makes piracy unattractive, but also fosters the growth of software and information industries in every country "f and particularly in those emerging countries most desperate for economic recovery. Dr. Singsangob's study is enhanced by in-depth comparative analysis of numerous provisions in applicable laws of the United States, Thailand, and the European Union, as well as international conventions and the U.S. Uniform Computer Information Transaction Act (UCITA). Although he clearly exposes the conflicts and incompatibilities that underlie the complexity of this area of the law, he argues that a viable legal regime is not far to seek, although time must be allowed for the current bias in favour of licensors to be corrected. He asserts that some such fundamental legal change must occur if we are to have a democratic future. This is a book that promises to bearfruit in the thinking and policymaking of professionals in a number of fields, including economic development, contract law, technology development, and communications law.

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

Media, Technology and Copyright is an interdisciplinary work that applies economic theory to central topical issues in the law of intellectual property. Based on the author's professional experience as a professor, lecturer, and consultant, the volume represents the first full-length consideration of the diverse topics of law and copyright by a professional economist. Opening chapters of the book involve issues in the analog domain, including the economics of infringement, fair use, property damages, liability rules, compulsory licensing, and publicity rights. Chapters on digital rights include topics related to software, databases, and cyber-law, including digital rights management, file-sharing, music licensing, deep linking, framing, and contributory infringement. The author also brings economic insights to competition law for intellectual property, including antitrust, copyright misuse, and applications in the European Union. Written in non-technical language for an interdisciplinary audience of lawyers, economists, students, artists, and professionals in the content industry, the book provides a comprehensive study for anyone interested in the issues surrounding intellectual property rights.

This major new contribution to the literature on charity law is the result of collaboration between an expert academic and a leading practitioner in the field. The combination of their different skills and experience produces an in-depth analysis of the law that is informed both by detailed scholarship and an understanding of how charity law really operates in practice today. It incorporates analysis of the likely effects of the Human Rights Act 1998 and of the important changes made by The Finance Act 2000 and The Trustee Act 2000.

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.' - Christophe Geiger, University of Strasbourg, France Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection. With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression. Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read. Contributors include: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, S. Karapapa, Y.M. King, T. Iverson, N. Lucchi, G. Mazziotti, J. McCutcheon, L. McDonagh, M. Maggiore, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. Tang

This collection is an inspiration and a delight for those advocates fighting for access to knowledge in the 21st century. The work highlights a number of 21st century challenges - including the obstacles of restrictive licensing; the barriers and obstacles of intellectual property; and the threats posed by international trade agreements. This collection provides a toolbox of policy solutions to deal with such hazards. The work highlights how information and knowledge can be unlocked through open access licensing, progressive intellectual property law reform, and fair trade.' - Matthew Rimmer, Australian Research Council, ANU College of Law and the Australian Centre for Intellectual Property in Agriculture'In a knowledge economy, access to information and knowledge takes on an ever-increasing role. But certain knowledge outputs are protected by exclusive intellectual property rights, which in one way or another restrict access to some information. It is therefore timely to examine these access issues in greater detail. The fact that this volume offers such a detailed analysis is its greatest strength. The in-depth analysis of all these aspects makes this a truly fascinating book!' - Paul Torremans, University of Nottingham, UK 'This is an important book that brings together leading scholars from Europe and the United States to explore the access challenge in intellectual property law. It reframes the debate by focusing on the critical role of timely access to information in innovation-based economies. Well worth the read.' - Michael W. Carroll, American University Washington College of Law, US Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws. In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including: - open access to public sector and scientific research data - enhanced use of licensing - reshaping the contours of individual IP laws - inclusion of new stakeholders in the IP debate - challenges to the information flow in the international arena. In identifying some of the core IP-related challenges to the process of adapting to the knowledge needs of the new economy, this book will provide an enlightening read for academics, policymakers and lawyers concerned with IP laws and the flow of knowledge. Contributors: J. Axhamn, D. Beldiman, D.L. Burk, E. Ellyne, C. Geiger, L. Guibault, R. Kampf, M. Marzetti, M. Ricolfi, I. Schneider, M. Senftleben, A. Stazi, P. Yu

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power - and the increasing significance of their disembodied counterparts - has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital 'offline' technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical 'smart' world. This development frames the book's central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against 'smart' capitalism.

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.

Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the "death of the author" along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship-valorizing individuality, ownership, and originality-serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors' abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal. International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies. At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked. Many patented technologies are either not accessible for further dissemination or do not hold much technical value. Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country. Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact. This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities. It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.

In every Western democracy today, inheritances have a very profound influence on people's lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.

Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of "embodiment" and scope of "substantial part". Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users' acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content's infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users' access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.

Code Wars recounts the legal and technological history of the first decade of the P2P file sharing era, focusing on the innovative and anarchic ways in which P2P technologies evolved in response to decisions reached by courts with regard to their predecessors. With reference to US, UK, Canadian and Australian secondary liability regimes, this insightful book develops a compelling new theory to explain why a decade of ostensibly successful litigation failed to reduce the number, variety or availability of P2P file sharing applications - and highlights ways the law might need to change if it is to have any meaningful effect in the future. A genuine interdisciplinary study, spanning both the law and information technology fields, this book will appeal to intellectual property and technology academics and researchers internationally. Historians and sociologists studying this fascinating period, as well as undergraduate and graduate students who are working on research projects in related fields, will also find this book a stimulating read. Contents: Foreword by Jane C. Ginsburg 1. Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted Attacks on the US Secondary Liability Law 4. The Targeted Response 5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why Rights Holders Would Never Have Sued a P2P Provider under UK or Canadian Law (and why the Australian law was just right) 7. The End of the Road for Kazaa 8. Endgame: More P2P Software Providers than Ever Before 9. Can the Secondary Liability Law Respond to Code's Revolutionary Nature? Bibliography Index

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

This volume fills an important need for understanding about the interplay between China's intellectual property protection system and the potential for innovation in China's economy. Using examples from the pharmaceutical and biotech industries, the author suggests that, despite the widely documented challenges facing China's IPR protection system, the system has a demonstrable effect on innovation. The author suggests that China's patent system promotes innovation through economic incentives, soft factors of public encouragement, and intentional development strategies. This book is also useful as an overview of China's biotech and pharmaceutical sectors, offering a range of richly detailed case studies on China's industrial development strategies in these sectors. A number of important patent disputes between Chinese and foreign companies are also examined to useful effect. In the highly contentious policy world of intellectual property protection and pharmaceutical and biotech industry development, the volume offers a refreshing combination of detail and insight.'uPitman B. Potter, University of British Columbia, Canada'Yahong Li's pioneering study, Imitation to Innovation in China, breaks new ground in closely examining the extent to which the Chinese government's patent policies and patent activity by Chinese firms are influencing China's coming transformation from an imitation-oriented country to an innovation-oriented one. Her combination of theoretical and empirical approaches exploring the links between public policy, patenting activity and technological innovation (commercialization) is an important contribution to development studies, not just for China but for other newly innovative countries as well.'uWilliam O. Hennessey, Franklin Pierce Law Center, USA Following decades in which China's approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play as similar a role in promoting innovation in China as they do in the West, exploring the interplay between patents and China's biotechnology and pharmaceutical industries in particular. The author argues for a stronger patent regime based on an extensive review of the technological capacity, R&D models, patent filings and litigations, and issues in patent law, which involve China's biotechnology and pharmaceutical industries. By comparing China with other developing countries and analyzing China's uniqueness in terms of its development stage, technological capacity and the strengths and weaknesses in its patent system, the author concludes that China is distinguished from the prevailing view that patents play a limited role in innovation in developing countries. The book also discusses whether and how patents can promote innovation in China's biotechnology and pharmaceutical industries, based on the study of market scale, R&D capacity, innovation model and patent legislation and cases.

View the Table of Contents. Read the Introduction.

.,."Perhaps the most impressive thing about Vaidhyanathan, a superb writer and speaker, is that he has made such complicated issues not only understandable but almost, well, entertaining."
--"Library Journal"

"A fascinating journey through the cultural history of copyright law. "Copyrights and Copywrongs" is remarkably readable, mercifully free of legal jargon, and entertaining. It is also thoroughly researched and includes extensive notes and references. This text belongs on the shelf of anyone interested in the ethics and development of copyright."
--"International Journal of Law and Information Technology"

"Vaidhyanathan traces the expansion of American copyright from the late nineteenth century on, giving an especially interesting account of the complexities and absurdities raised by its application to film and music."
-- "American Quarterly"

"This book makes it clear that copyright struggles are not new and will continue in the years ahead. . . . He makes that case readable, understandable, and even entertaining."
--"Portal: Libraries and the Academy"

"Remarkably readable, free of legal jargon, and entertaining . . . the author's arguments are cogent, enlightening, and important to all information professionals."
--"College & Research Libraries"

"Illuminating"
-- "Bookforum" April-June 2002

"It has taken lawyers 200-plus years to morph copyright law from the balanced compromise that our framers struck to the extraordinary system of control that it has become. In this beautifully written book, a nonlawyer has uncovered much of the damage done. "Copyrights and Copywrongs" is a rich andcompelling account of the bending of American copyright law, and a promise of the balance that we could once again make the law become."
--Lawrence Lessig, Stanford Law School and author of "Code and Other Laws of Cyberspace"

"Siva Vaidhyanathan has done a big favor for the academic and library communities. In this book, he has spelled out in clear, understandable language what's at stake in the battles over the nation's intellectual property. The issues brought forward are critical to the future of scholarship and creativity. Librarians and academics are wise to purchase this book and add it to their amust read' lists."
--Nancy Kranich, President, American Library Association, 2000a2001

""Copyrights and Copywrongs" is an urgent information-age wake-up call to a public cocooned in belief that acopyright' is a seal and safeguard for consumers and producers of culture-ware. This book guides us into the legal labyrinth of a new world of so-called intellectual property, in which afair use' isn't fair, where rights are waived and free speech--when we can get it--costs a great deal of money. From print books to video games, "Copyrights and Copywrongs" shows free expression in a legalistic chokehold. Clearly written, meticulously argued, this book is a must."
--Cecelia Tichi, author of"Embodiment of a Nation: Human Form in American Spaces"

"Bravo! When you read this brillant, often-amusing, always-penetrating book-- and you must read it as soon as possible -- you will be persuaded that our Founding Fathers were wise and right when they made the law allowing an author's copyright to exist for a limited time only, either 14 or 28 years."--"CU Cityview"

Copyright reflects farmore than economic interests. Embedded within conflicts over royalties and infringement are cultural values--about race, class, access, ownership, free speech, and democracy--which influence how rights are determined and enforced. Questions of legitimacy--of what constitutes "intellectual property" or "fair use," and of how to locate a precise moment of cultural creation--have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.

In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain's vehement exhortations for "thick" copyright protection, to recent lawsuits regarding sampling in rap music and the "digital moment," exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.

In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such "borrowing" by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of "intellectual property" as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.

Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.