The trade-investment-service-intellectual property (IP) nexus remains at the heart of economic development and the main features of which are global value chains (GVCs) and digitalisation. The protection of intellectual property rights (IPR) has become a critical issue not only for advanced economies but also for emerging markets. This edited volume contributes to the debates on IPR protection and economic development from the perspective of Association of Southeast Asian Nations (ASEAN) member states. The book provides insights into the mechanism and evidence on how effective IPR protection will increase economic and social welfare via promoting innovation activities and providing incentives to diffuse knowledge and transfer technologies. Written by economists and lawyers from the region, these experts share their latest findings and thoughts on how countries in Southeast Asia have been progressively improving IPR protection and increasing the interoperability of different IPR regimes through regional cooperation to facilitate business operations in the context of digital transformation.

Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses-sensitive to their particular cultural, competitive, and technological circumstances-to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.

Universities everywhere are increasingly being encouraged to translate their research findings into practical applications that will further the common good through technology transfer, a process in which intellectual property (IP) laws and systems play a central role. This Research Handbook skilfully places IP issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future. Written by leading experts from across the world, this Research Handbook offers new insights into our understanding of this area and its practical implications, situating IP and technology transfer within larger dialogues concerning the future of the research university. It illuminates a complex ecosystem in which the stakes are high and best practices are nuanced. Not overlooked are the most timely and controversial topics in the field, including inter partes review proceedings, conflicts of interest, patent enforcement and the public good, 3D printing, and university treatment of data. This Research Handbook will prove critical reading for scholars of both technology transfer and IP, as well as for practitioners working in these fields. Stakeholders such as university presidents and governing boards and members of higher education organizations will also find it insightful and useful. Contributors include: D.R. Cahoy, J. Carter-Johnson, Z. Chu, J.L. Contreras, M. Costa, J.A. Cunningham, C.L. Dahl, R. Feldman, T. Firpo, B.L. Frye, S. Ghosh, P. Guarda, C.S. Hayter, P. Lee, M.A. Lemley, B.J. Love, M.J. Madison, M.S. Mireles, M. Nicotra, E. Oliver, B. Pilz, M. Rimmer, M.D. Rinehart, M. Romano, J.H. Rooksby, C.J. Ryan, J.A. Sebeok, T. Sherer, L. Vertinsky, J.B. Warshaw, S. Xiaoxue

This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.

Intellectual Property offers unrivalled coverage of all major intellectual property rights and is designed to equip you with a strong understanding of the wealth of domestic, European and international laws at play in this area. This tenth edition has been substantially updated and streamlined to ensure the book best fits the contemporary intellectual property syllabus. Key updates to the new edition include: * Significant restructuring to reduce the length of each chapter without compromising on coverage of each topic. * A revised chapter structure which maps closely to the structure of a typical intellectual property module. * Discussion on the creation of a European patent with unitary effect and a Unified Patents Court. * Coverage of the new codifying trade mark regulation and the trade mark directive requiring implementation in 2019. * An outline of the Intellectual Property (Unjustified Threats) Act 2017. * Consideration of the potential wide-ranging effects of Brexit in relation to intellectual property rights and protections.

Key Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: * The nature of a trust, the creation of express private trusts and purpose trusts * Constitution of trusts * Types of trust: secret, protective and discretionary, resulting and constructive and charitable * Trusteeship and the powers and duties of trustees * Varying trusts * Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: * diagrams at the start of chapters to summarise key points * structured headings and numbered points to allow for clear recall of the essential points * charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. * Essential and leading cases are explained * The style, layout and explanations are user friendly * Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. This collection of essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analyzing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.

This timely and important book illuminates the impact of cyber law on the growth and development of emerging and developing economies. Using a strong theoretical framework firmly grounded in resource-based and technology diffusion literature, the authors convey a subtle understanding of the ways public and private sector entities in developing and emerging countries adopt cyber space processes.This book reveals that the diffusion of cyber activities in developing and emerging economies is relatively low, with the main stumbling blocks resting in regulatory, cultural, and social factors. The authors argue that cyber crimes constitute a prime obstacle to the diffusion of e-commence and e-governments in developing economies, and governments have an important role in developing control mechanisms in the form of laws. However, setting appropriate policies and complementary services, particularly those affecting the telecommunications sector and other infrastructure, human capital and the investment environment, severely constrains Internet access. Using both strategic and operational perspectives, the authors discuss the concrete experience of constructing and implementing cyber laws and cyber security measures in developing and emerging countries, and analyse their content and appropriateness. Professionals, academics, students, and policymakers working in the area of cyber space, e-commerce and economic development, and United Nations entities working closely with the Millennium Development Goals, will find this book an invaluable reference.

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

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.

The principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection. With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy. Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prevost, S.J. Schaafsma, L. Schneller

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 book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.

This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use - copyright and related rights - have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain - that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information - is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age.

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 explains China s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel s property theories internalizes a theoretical paradox.

Professor Wenwei Guan s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China s intellectual property protection system and the broader process of China s international engagement.

Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada

Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS s birth defect can be overcome and its evolution can be put back on the right track.

Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University"

The papers in this volume represent some of the leading work on intellectual property. They address the question of how to create incentives to develop new technologies and how to protect those technologies once developed from theft. They also ask when valuable property might be developed even under weak ownership conditions. Other papers address how firms balance the tradeoffs in considering costly patent litigation and they examine the antitrust implications.
Although issues of intellectual property rights would seem to be ones of interest only to obscure groups of academics and lawyers, they have become topics of everyday discussion among the regular population. Alleged copyright infringements by people downloading music from the internet and accompanying threats of prosecution as well as charges of strategic patenting to harm competitors in recent high profile antitrust cases have placed intellectual property into public and political debate. The incentives provided by secure property rights for promoting research and development, investment, production, and exchange are well known. These are the major arguments for patents, copyrights and other forms of intellectual property.

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.

Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition. As well as addressing key aspects of film copyright, Pascal Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. Including a new chapter on copyright enforcement, this second edition details the substantial developments in EU law during the last decade, including major cases for the European Court of Justice, new treaties and new directives. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.

'A historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.'- Eva Hemmungs Wirten, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' - Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancun, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change.This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation - including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyzes the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book. Contents:PrefaceIntroduction:The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and Ecomagination Part I: International Law 1. The Copenhagen Accord and the Cancun Agreements: Intellectual Property, Technology Transfer, and Climate Change2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism3. Energy Poverty: The World Intellectual Property Organization and The Development Agenda Part II: Patent Law 4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks5. The Toyota Prius: Hybrid Cars, and Patent Trolls6. 'Clean Energy for America, Power Up America': Patent Law and Compulsory Licensing Part III: Innovation 7. Climate Innovation Centres: Patent Law and Public Sector Licensing8. The Eco-Patent Commons: Patent Pools, Clearing-Houses, and Open Innovation9. Environmental Prizes: The H-Prize, the L-Prize, and the X-Prize Conclusion: Intellectual Property and Climate Law BibliographyIndex