This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties. Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states. Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase. Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.

This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains. Featuring contributions from a variety of expert scholars, this is an interdisciplinary dialogue addressing big data analytics, tools and techniques and the societal impact of the field. Chapters analyze both cases anchored in a particular legal system (such as anti-corruption in China) and big data law approaches relevant across multiple practice areas: including machine learning within law, legal information retrieval, natural language processing and e-discovery. It also offers original insights from industry project reports that use big data law techniques in interesting, new ways. Providing a unique and interdisciplinary blend of analysis, this Research Handbook will be a key resource for legal scholars and students researching in areas such as criminal, tax, copyright and administrative law. It will also prove useful for practicing lawyers wanting to get a sense of the legal practice of the future, as well as law-makers thinking about the use of big data law techniques in government policy.

This follow-up to Graeme B. Dinwoodie and Mark D. Janis's successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform. This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical ''average consumer'', and trademark depletion and congestion. Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.

As the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. This book's main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed. Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts. Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts. Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.

Presenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whist also protecting society's right to safe and effective medication. Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in depth political and legal analysis of the industry. James Hou suggests methods by which the Chinese legal system can seek to improve its governance of pharmaceutical patents and balance the conflicts of interest arising between new drug developers, established drug manufacturers and the end users. Featuring comprehensive coverage of patents in the Chinese pharmaceutical industry, this book will be a key resource for scholars and students of commercial, pharmaceutical and intellectual property law, whilst also being of interest to industry talents discovering the potential of their own innovations.

The intangible capitalist economy, that is intellectual capitalism, continues evolving, driven by technological innovations and various forms of entrepreneurship. The creation of intellectual capital and intellectual properties lies at its heart. This eagerly anticipated book analyzes the many complex links between R&D, patents, innovations, entrepreneurship, growth and value creation in this process. Based on an extensive array of national empirical and policy studies, Ove Granstrand explores a comprehensive range of innovation and intellectual property (IP) issues that pertain not only to Europe but to the entire world. These issues include the role of patents and licensing in the governance of technology and innovation, and the many uses and abuses of patents. The text also details new IP phenomena in an increasingly patent-intensive world with patent-rich multinationals and patent-savvy new entrants from Asia. In a world facing challenges that call for innovative responses, this book contains a set of valuable policy recommendations for strengthening innovativeness for economic growth and ultimately for social value creation. This timely book will be a valuable resource for economics, law and management scholars wishing to gain a thorough understanding of the topic. Practitioners and policy-makers will also greatly benefit from reading this volume, following up on the author's widely acclaimed book published in 1999 The Economics and Management of Intellectual Property: Towards Intellectual Capitalism.

This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry. It provides clear and concise instruction on how copyright works in practice and how it applies to music specifically, as well as covering how to manage, utilise and enforce copyright, what infringement looks like and how to avoid it. The book illustrates this with relevant cases and real world examples, including practical, step-by-step guidance for stakeholders of all types. It also signposts the future of copyright in the music industry through an examination of new technologies such as artificial intelligence and blockchain. Key features include: An engaging and approachable writing style A practical orientation for those in the industry and their advisors The impact of social media on copyright infringement, management and remedies Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use. Musicians, producers, copyright holders and others working in the music industry will find this an indispensable and easy-to-use resource for navigating all aspects of music copyright. It will also be of interest to academics and students of copyright law for its discussion of contemporary issues such as technology and enforcement.

"This book is a classic... its style and content remain invaluable." Entertainment Law Review This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with intellectual property. The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

This timely book provides a comprehensive survey of recent development in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field. Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement, and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners. Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read.

The intangible capitalist economy, that is intellectual capitalism, continues evolving, driven by technological innovations and various forms of entrepreneurship. The creation of intellectual capital and intellectual properties lies at its heart. This eagerly anticipated book analyzes the many complex links between R&D, patents, innovations, entrepreneurship, growth and value creation in this process. Based on an extensive array of national empirical and policy studies, Ove Granstrand explores a comprehensive range of innovation and intellectual property (IP) issues that pertain not only to Europe but to the entire world. These issues include the role of patents and licensing in the governance of technology and innovation, and the many uses and abuses of patents. The text also details new IP phenomena in an increasingly patent-intensive world with patent-rich multinationals and patent-savvy new entrants from Asia. In a world facing challenges that call for innovative responses, this book contains a set of valuable policy recommendations for strengthening innovativeness for economic growth and ultimately for social value creation. This timely book will be a valuable resource for economics, law and management scholars wishing to gain a thorough understanding of the topic. Practitioners and policy-makers will also greatly benefit from reading this volume, following up on the author's widely acclaimed book published in 1999 The Economics and Management of Intellectual Property: Towards Intellectual Capitalism.

The book Intellectual Property Rights & Public Policy is rooted in the fact that creativity and innovation have been hall mark of knowledge economy. However despite there is an abundance of innovative energies flowing in India a conducive ecosystem to access to education, knowledge and health is far from reality. Being TRIPS compliant country, the equitable and dynamic IP regime with full potential of harnessing intellectual property for India's economic growth, socio-cultural development and promotion of public interest are distant goalposts. The pronouncement of National IPR Policy spelt out the public policy orientation but the need to create robust IP environment as stunning controversy thats spinning out of control needs to hardly emphasized. The book is an erudite compilation of renowned scholars in the field of intellectual property having implication of moulding public policy discourse in intellectual property law. The contributors of the volumes luminates grey areas of research by drawing diverse perspectives from academicians, judges and IP practitioners. The range of papers diverse from jurisprudence of intellectual property to cyber law, human right, access to food and medicine, biotechnology and law. The book investigates prospects as well as the challenges by encompassing theoretical and juridical dimensions in Indian socio-legal context. The consequences of IP institutional failures are unimaginable and pragmatic ending is unthinkable for any vibrant nation like India. The book is never before seen revelations and leading to a single impossible and inconceivable truth of being panacea for plagued public policy diametric but definitely an incredible collection in auguring healthy polemics of knowledge management. To lend appropriate credence to the subject the working of IP Laws and institutions is undertaken to hone out the strategy of IP Law reform in public policy paradigm in India. The outputs of the compilation can capture the attention of not merely legal academics, policy makers, and legal profession but also to IP practitioners, development planner and innovation activists.

The music business is a multifaceted, transnational industry that operates within complex and rapidly changing political, economic, cultural and technological contexts. The mode and manner of how music is created, obtained, consumed and exploited is evolving rapidly. It is based on relationships that can be both complimentary and at times confrontational, and around roles that interact, overlap and sometimes merge, reflecting the competing and coinciding interests of creative artists and music industry professionals. It falls to music law and legal practice to provide the underpinning framework to enable these complex relationships to flourish, to provide a means to resolve disputes, and to facilitate commerce in a challenging and dynamic business environment. The Present and Future of Music Law presents thirteen case studies written by experts in their fields, examining a range of key topics at the points where music law and the post-digital music industry intersect, offering a timely exploration of the current landscape and insights into the future shape of the interface between music business and music law.

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. From Platonic mimesis to Shakespeare's 'borrowed feathers', culture was produced under a paradigm in which imitation, plagiarism, and social authorship formed key elements of the creative moment (the 1st paradigm). However, the cumulative nature of creativity is rarely accounted for in modern copyright policies, which build upon a post-Romantic individualistic view emphasizing absolute originality rather than imitation (the 2nd paradigm). Today, in an era of networked mass collaboration and user-based creativity, the enclosure of knowledge brought about by an ever-expanding copyright paradigm seems archaic, and a deliberate defiance of inevitable cultural evolution. Giancarlo Frosio calls for returning creativity to an inclusive rather than exclusive process, so that the 1st and 2nd creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to those interested in both the history and future of creativity and copyright.

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

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

The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies. Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed. Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies. Contributors include: A. Alen-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistoe, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckstroem Lindroos

'A refreshing and thought-provoking addition to IP scholarship, Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access.' - Hazel Carty, University of Manchester, UK Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. sing examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.