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

The Law and Practice of Trademark Transactions - A Global and Local Outlook (Hardcover): Irene Calboli, Jacques De Werra The Law and Practice of Trademark Transactions - A Global and Local Outlook (Hardcover)
Irene Calboli, Jacques De Werra
R7,086 Discovery Miles 70 860 Ships in 12 - 17 working days

Irene Calboli and Jacques de Werra have put together a comprehensive look at trademark transactions throughout the world. Essential reading for specialists in international trademark law and for anyone who wants to understand more about laws other than their own.' - Mark A. Lemley, William H. Neukom Professor, Stanford Law School, US'Commercial transactions involving trademarks, especially across borders, have received scant in-depth attention in law literature. With insights from the emerging markets of Brazil, China and India to the EU and USA via Australia and Japan, this book deals with the multifarious aspects. The reader will finish it not only with their knowledge greatly enhanced but convinced that, at least in this field, the world most certainly is not flat.' - David Llewelyn, Singapore Management University and King's College London, UK 'An incisive, must-have book for every practitioner or scholar who is serious about trademark transactions. The key areas of this crucial subject are compellingly unpacked by famous authors from around the globe in a user-friendly format. Outstanding scholarship and presentation.' - Frederick Mostert, University of Oxford, UK and Past President of the International Trademark Association The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: - A comprehensive overview of legal and policy-related issues - A blend of approaches underpinning strategic considerations with analytical rigour - Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions - Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field. Contributors: L. Anderson, N. Binctin, G. Buhler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Hoepperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo

European Intellectual Property Law (Hardcover): Jan Rosen European Intellectual Property Law (Hardcover)
Jan Rosen
R8,815 Discovery Miles 88 150 Ships in 12 - 17 working days

This volume thoroughly covers and systematically displays the three main areas of intellectual property law - patents, trade marks and copyright - without leaving other rights of the intellectual property family aside, as it also explores geographical indications, industrial designs, trade secrets and databases. The book offers a full and complete picture of European intellectual property law, discussing the treatment of intrinsic issues on harmonization, transborder disputes, collectiveness and individualization in the different fields of intellectual property law. With an original introduction by the editor, this book has been carefully designed to offer law students as well as practitioners a valuable instrument to understand contemporary intellectual property law within the EU.

Research Handbook on Intellectual Property Exhaustion and Parallel Imports (Hardcover): Irene Calboli, Edward Lee Research Handbook on Intellectual Property Exhaustion and Parallel Imports (Hardcover)
Irene Calboli, Edward Lee
R7,079 Discovery Miles 70 790 Ships in 12 - 17 working days

This Research Handbook explores issues related to the principle of exhaustion of intellectual property rights. To date, the application of this principle continues to vary from country to country, and there is increasing pressure to clarify the extent of its application both at the national level and in the context of international trade with respect to parallel imports. Notably, from the Americas to the European Union, Asia-Pacific, and Africa, courts and policy makers are asking similar questions: Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the 'Internet of things' redefined the concept of exhaustion in cyberspace? The goal of this book is to explore these questions. The book also highlights how a one-size answer may not fit all the current challenges that the courts and policy makers are facing in this area. This Research Handbook will be of interest to academics, judges and other practitioners looking for an in-depth study on the topic, offering both of detailed analysis of the current state of play, and a discussion of the challenges that arise on a global scale. Contributors include: F.M. Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa, J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C. Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J. Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus, P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A. Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X. Yu

Supplying and Reselling Digital Content - Digital Exhaustion in EU Copyright and Neighbouring Rights Law (Hardcover): Simon... Supplying and Reselling Digital Content - Digital Exhaustion in EU Copyright and Neighbouring Rights Law (Hardcover)
Simon Geiregat
R2,521 Discovery Miles 25 210 Ships in 12 - 17 working days

This book offers a comprehensive and critical evaluation of the distribution and ownership of digital content within the EU. The analysis builds on the debate surrounding 'digital exhaustion' and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access. For each generation, the supplying act and the ability to further transfer what was supplied is scrutinized in the light of EU copyright and neighbouring rights law. Going beyond a description of case law, this book highlights inconsistencies and frictions caused by the CJEU and addresses the fate for novel business models, hybrid works and neighbouring rights. Finding that copyright is only one part of the puzzle, Simon Geiregat offers broader perspectives to the transferability discussion by involving impeding digital architecture (technical protection measures) and the 'data ownership' debate, and by bringing consumer contract law and property law as well as equal treatment into the analysis. Providing a rigorous overview of the law surrounding digital content, this will be a valuable read for academics and practitioners with an interest in EU copyright and the debates on propertization and transferability in the digital context. It will also be beneficial to music and film organisations and distributors involved in supplying digital content in the European market.

Research Handbook on Intellectual Property and Geographical Indications (Hardcover): Dev S. Gangjee Research Handbook on Intellectual Property and Geographical Indications (Hardcover)
Dev S. Gangjee
R6,242 Discovery Miles 62 420 Ships in 12 - 17 working days

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource. Contributors include: E. Barham, D. Barjolle, L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng

Research Handbook on Copyright Law - Second Edition (Hardcover, 2nd edition): Paul Torremans Research Handbook on Copyright Law - Second Edition (Hardcover, 2nd edition)
Paul Torremans
R6,269 Discovery Miles 62 690 Ships in 12 - 17 working days

This second edition has been completely rewritten to reflect recent changes and new trends that have emerged since the popular first edition was published. Copyright law has become a fast moving area, which is reflected in the wealth and diversity of research. This comprehensive Research Handbook is situated at the cutting edge of current copyright research, with each chapter written by a leading author in that particular field. The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law. The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers. Contributors include: P.C. Aguila, F. Brison, S. Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J. Jutte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi, S. Nerisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A. Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees, C. Waelde

Certification and Collective Marks - Law and Practice (Hardcover): Jeffrey Belson Certification and Collective Marks - Law and Practice (Hardcover)
Jeffrey Belson
R4,444 Discovery Miles 44 440 Ships in 12 - 17 working days

This book is a thoroughly updated and augmented second edition of Certification Marks, first published in 2002, and remains the only complete volume devoted to these increasingly significant types of trademarks. A comprehensive, wide-ranging and insightful inquiry, this new edition compares the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers' liability, legal and commercial significance, and use in regulatory and technical standardization frameworks. This book is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products. Key features include: the only complete volume devoted to the law of certification and collective marks discussion of leading cases analysis of liability exposure of product certifiers comparison of certification and collective mark protection of geographical indications with the EU sui generis system examination of emergent forms of certification marks, namely ecolabels and electronic authentication marks in digital content. This book will be of primary interest to trademark practitioners who require a thorough explanation of the statutory protection, registration, and legal and commercial significance of certification and collective marks. It will also provide a helpful reference resource and a platform for further research and policy recommendations to academics in intellectual property and commercial law.

Intellectual Property and Private International Law (Hardcover): Paul Torremans Intellectual Property and Private International Law (Hardcover)
Paul Torremans
R11,585 Discovery Miles 115 850 Ships in 12 - 17 working days

This research review, made possible by the recent convergence of intellectual property and private international law as critical disciplines, explores the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing both bridges built and 'dead-ends' reached. Looking forward also to the future of the subject, Professor Paul Torremans' Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.

Intellectual Property Jurisdiction Strategies - Where to Litigate Unitary Rights vs National Rights in the EU (Hardcover):... Intellectual Property Jurisdiction Strategies - Where to Litigate Unitary Rights vs National Rights in the EU (Hardcover)
Torsten B. Larsen
R4,446 Discovery Miles 44 460 Ships in 12 - 17 working days

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: the first book to focus on jurisdiction strategies in intellectual property litigation coverage of intellectual property and private international law analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige helpful diagrams and tables providing easy access to key information and decision points a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.

Rethinking Intellectual Property - Balancing Conflicts of Interest in the Constitutional Paradigm (Hardcover): Gustavo Ghidini Rethinking Intellectual Property - Balancing Conflicts of Interest in the Constitutional Paradigm (Hardcover)
Gustavo Ghidini
R3,931 Discovery Miles 39 310 Ships in 12 - 17 working days

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

Information Environmentalism - A Governance Framework for Intellectual Property Rights (Hardcover): Robert Cunningham Information Environmentalism - A Governance Framework for Intellectual Property Rights (Hardcover)
Robert Cunningham
R3,296 Discovery Miles 32 960 Ships in 12 - 17 working days

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

Patent Pledges - Global Perspectives on Patent Law's Private Ordering Frontier (Hardcover): Jorge L. Contreras, Meredith... Patent Pledges - Global Perspectives on Patent Law's Private Ordering Frontier (Hardcover)
Jorge L. Contreras, Meredith Jacob
R3,806 Discovery Miles 38 060 Ships in 12 - 17 working days

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science. Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi

Information Environmentalism - A Governance Framework for Intellectual Property Rights (Paperback): Robert Cunningham Information Environmentalism - A Governance Framework for Intellectual Property Rights (Paperback)
Robert Cunningham
R919 Discovery Miles 9 190 Ships in 12 - 17 working days

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

Privacy and Legal Issues in Cloud Computing (Paperback): Anne S.Y. Cheung, Rolf H. Weber Privacy and Legal Issues in Cloud Computing (Paperback)
Anne S.Y. Cheung, Rolf H. Weber
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Using a multi-disciplinary and comparative approach, this study examines emerging and innovative attempts to tackle privacy and legal issues in cloud computing such as personal data privacy, security and intellectual property protection. An international team of legal scholars, computer science researchers, regulators and practitioners present original and critical responses to the growing challenges posed by cloud computing. They analyze the specific legal implications pertaining to jurisdiction, biomedical practice and information ownership, as well as issues of regulatory control, competition and cross-border regulation. Law academics, practitioners and regulators will find this book to be a valuable, practical and accessible resource, as will computer science scholars interested in cloud computing issues. Contributors: H. Chang, A.S.Y. Cheung, A. Chiu, K.P. Chow, E.S. Dove, X. Fan, Y. Joly, T.S.-H. Kaan, B.M. Knoppers, J. Kong, G. Master, J.-P. Moiny, C. Reed, D.N. Staiger, G.Y. Tian, R.H. Weber, P.K. Yu

Constructing European Intellectual Property - Achievements and New Perspectives (Hardcover): Christophe Geiger Constructing European Intellectual Property - Achievements and New Perspectives (Hardcover)
Christophe Geiger
R4,748 Discovery Miles 47 480 Ships in 12 - 17 working days

Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work. Contributors: C. Archambeau, R. D'Erme, E. Derclaye, T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H. Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A. Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L. McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J. Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen, T. Takenaka, G. Van Overwalle, M. Vivant

Copyright and Cultural Heritage - Preservation and Access to Works in a Digital World (Hardcover): Estelle Derclaye Copyright and Cultural Heritage - Preservation and Access to Works in a Digital World (Hardcover)
Estelle Derclaye
R3,143 Discovery Miles 31 430 Ships in 12 - 17 working days

Thanks to digitisation and the Internet, preservation of and access to our cultural heritage - which consists of works protected by copyright and works in the public domain - have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library. Copyright and Cultural Heritage will appeal strongly to both academics and practitioners of intellectual property as well as to policymakers - as it proposes modifications to copyright law in the UK and beyond. This book will also provoke thought amongst associated and interested parties from industry and those using, managing or distributing content.

Intellectual Property and Access to Im/material Goods (Hardcover): Jessica C. Lai, Antoinette Maget Dominice Intellectual Property and Access to Im/material Goods (Hardcover)
Jessica C. Lai, Antoinette Maget Dominice
R3,807 Discovery Miles 38 070 Ships in 12 - 17 working days

Intellectual property goods are frequently referred to as intangible or abstract. Yet, traditionally, they have almost always needed to be embodied or materialized in order to be protected (and - to a certain extent - to be used and enjoyed), regardless of whether they are copyrighted works, patented inventions or trademarks. With a focus on the issue of access and the challenges of new technologies such as biotechnology and digital technologies, this unique collection analyzes the relationship between intellectual property and its physical embodiments. It contains a mixture of theoretical and practical perspectives and encompasses an interdisciplinary approach, including chapters on the connection between intellectual property and cultural heritage law, cultural property law and international trade law. The book furthermore comprises historical reflections that illuminate how intellectual property has never been purely about the intangible. Intellectual Property and Access to Im/material Goods will be of interest to scholars, practitioners and law and policymakers. Users of intellectual property goods such as museums, libraries, archives and/or other cultural institutions, as well as users of biomaterials, copyrighted works, patented inventions and/or trademarked goods will find value in this book. Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. Yu

Intellectual Property, Human Rights and Development - The Role of NGOs and Social Movements (Hardcover): Duncan Matthews Intellectual Property, Human Rights and Development - The Role of NGOs and Social Movements (Hardcover)
Duncan Matthews
R3,294 Discovery Miles 32 940 Ships in 12 - 17 working days

This insightful and important new book explores the role played by Non Governmental Organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and to postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

The Economics of Open Access - On the Future of Academic Publishing (Hardcover): Thomas Eger, Marc Scheufen The Economics of Open Access - On the Future of Academic Publishing (Hardcover)
Thomas Eger, Marc Scheufen
R2,454 Discovery Miles 24 540 Ships in 12 - 17 working days

The increasing shift towards digital publishing has provoked much debate concerning the issues surrounding ?'Open Access?' (OA), including its economic implications. This timely book considers how the future of academic publishing might look in a purely digital environment and utilises unique empirical data in order to analyze the experiences of researchers with, as well as attitudes towards, OA publishing. Presenting findings from a novel, in-depth survey with more than 10,000 respondents from 25 countries, this book shows that the research culture of scientific research differs considerably between disciplines and countries. These differences significantly determine the role of both '?gold?' and '?green?' forms of OA and foster both opportunity and risk. Discussing their findings in the light of recent policy attempts to foster OA, Thomas Eger and Marc Scheufen reveal considerable shortcomings and lack of knowledge on fundamental features of the academic publishing market and conclude by highlighting a policy agenda for its future development. Well-timed and far-reaching, this book will be of particular interest to students and scholars interested in the economic analysis of copyright law. Academic librarians and research sponsors will also benefit from the insights offered.

International Copyright Law: U.S. and E.U. Perspectives - Text and Cases (Paperback): Jane C Ginsburg, Edouard Treppoz International Copyright Law: U.S. and E.U. Perspectives - Text and Cases (Paperback)
Jane C Ginsburg, Edouard Treppoz
R1,803 Discovery Miles 18 030 Ships in 12 - 17 working days

International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved. Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject. Key features of the casebook: - Written by two leading authorities in the field - Carefully selected extracts from primary and secondary sources - Build a clear picture of the field - Expert analytical commentary and questions set the extracts in context - U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments - An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding - Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps - Leads students through the field from beginning to end.

Intellectual Property Rights, Innovation and Software Technologies - The Economics of Monopoly Rights and Knowledge Disclosure... Intellectual Property Rights, Innovation and Software Technologies - The Economics of Monopoly Rights and Knowledge Disclosure (Hardcover)
Elad Harison
R3,001 Discovery Miles 30 010 Ships in 12 - 17 working days

The inclusion of software and algorithms in the scope of patents by the US Patent and Trademark Office has propelled an ongoing debate on the contribution of patents to innovation and economic growth. This book examines the effects of Intellectual Property Rights (IPRs), namely patents and copyrights, on innovation and technical change in information technologies. It provides new insights on the links between markets, technologies and legislation by applying a variety of empirical and analytical methods. The book also explores the success of the Open Source movement to establish an alternative regime for IPRs by illuminating the rationale behind it and illustrating how Open Source can strategically be used by firms. Initially the book analyzes the role of IPRs by building upon the literature on the economics of innovation and technical change and on insights from evolutionary economics - in particular, the role of knowledge in the economy. It then goes on to analyze the evolution of IPR regimes and IPR policies with regards to IT and software technologies and products and elaborates their impact on innovation. Finally, a series of empirical and analytical models are provided to elaborate the balance between monopoly rights (by patent and copyrights) and knowledge disclosure as an input for innovation and technological development. Elad Harison's book will appeal to researchers and academics of law and economics, policymakers such as the European Commission, Patent offices, EPO, OECD, as well as directors and strategic managers in large software companies.

Copyright and Information Privacy - Conflicting Rights in Balance (Hardcover): Federica Giovanella Copyright and Information Privacy - Conflicting Rights in Balance (Hardcover)
Federica Giovanella
R3,651 Discovery Miles 36 510 Ships in 12 - 17 working days

Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book. Adopting a comparative approach focusing on the United States, Canada and Italy, Dr Giovanella skilfully explores the strategies through which judges solve conflicts between Internet users' data protection and copyright holders' enforceable rights. Using research centred on a selection of lawsuits in which copyright holders attempted to enforce their rights against Internet users suspected of illegal file-sharing, this book analyses the cases and regulatory frameworks concerning both privacy and copyright. Copyright and Information Privacy demonstrates that these decisions were ultimately the by-products of different policy conceptions of the two conflicting rights. Whilst providing a comprehensive analysis of the conflict between copyright and data protection, this book also stimulates the debate surrounding the role that judges have in balancing conflicting rights, and examines their reasoning in resolving such conflict, taking into consideration the process of conceptual balancing. Perceptive and contemporary in topic, this book will be beneficial to both scholars and students of intellectual property, privacy, and comparative law.

Patents, Inventions and the Dynamics of Innovation - A Multidisciplinary Study (Hardcover, Illustrated Ed): Roger Cullis Patents, Inventions and the Dynamics of Innovation - A Multidisciplinary Study (Hardcover, Illustrated Ed)
Roger Cullis
R3,748 Discovery Miles 37 480 Ships in 12 - 17 working days

This unique study investigates the path of innovation in the electrical, electronics and communications engineering industries. It presents a holistic, multi-disciplinary analysis of innovation based on case studies of paradigm-changing inventions - spanning two hundred years - which altered the course of the global economy. The stimuli and constraints which control the dynamics of these innovations are pin-pointed in this book and applied to emerging technologies. Roger Cullis tests the analysis using a recent technology which underpins the embryonic information-based economy. He demonstrates that it is possible to use the hierarchical and time dependent nature of the stimuli and constraints he has identified to predict the likely success of a new technological invention. Considering the impact of all factors which contribute to the success of innovations, this unique book will be of great interest to inventors, patent attorneys and intellectual property practitioners and academics. It will also interest licensing executives and venture capitalists, innovation economists and government policymakers.

The Intellectual Property Debate - Perspectives from Law, Economics and Political Economy (Hardcover): Meir Perez Pugatch The Intellectual Property Debate - Perspectives from Law, Economics and Political Economy (Hardcover)
Meir Perez Pugatch
R3,947 Discovery Miles 39 470 Ships in 12 - 17 working days

Intellectual property (IP) has become one of the most influential and controversial issues in today's knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public-private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

New Directions in Copyright Law, Volume 2 (Hardcover): Fiona Macmillan New Directions in Copyright Law, Volume 2 (Hardcover)
Fiona Macmillan
R3,806 Discovery Miles 38 060 Ships in 12 - 17 working days

This second volume contains further exploration of the themes considered in Volume 1, namely the theoretical framework of copyright, and the convergence, divergence and globalisation of copyright. New Directions in Copyright Law, Volume 2 offers valuable insights into developments in rights neighbouring on copyright, such as the EU database directive and television broadcast copyright. It also considers the protection of traditional knowledge - such as the legal protection of folklore, freedom of speech and communication channels. In addition the book investigates copyright and new technologies, taking examples from the music industry and from digital policing. Finally, the authors present views on the tension between corporate power and human rights in the context of copyright, questioning whether it is possible to strike a productive and meaningful balance. With contributions from leading copyright scholars and commentators from a diverse range of theoretical and disciplinary backgrounds, this book will be of interest to all those concerned with the problems plaguing the modern copyright system.

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