For developing countries, the concept of sustainable development, as opposed to rapid pockets of development, embodies great promise for socio-political reasons. Most analyses of development, however, have focused on either trade mechanisms or intellectual-property regimes, which has resulted in overly narrow and sometimes paradoxical conclusions, with corresponding policy measures that have promised far more than they can deliver. While each of these mechanisms has benefits and disadvantages, questions about how they would interact and what kind of results they produce remain largely unexplored. Similarly, almost all of these regimes provide generalized solutions that developing countries tend to denounce as ill-fitting. There are several flexibilities that can be used as effective tools, but knowing which flexibility applies best to what context remains contentious. In Patent and Trade Disparities in Developing Countries, Srividhya Ragavan examines the interaction between trade and intellectual property regimes (using the patent regime in India as the focal point) in an integrated developmental framework to determine whether and how sustainable economic growth can be achieved in developing countries. This book examines a number of important questions: Is compulsory licensing the best way to provide access to medication or is patent protection more efficient? Should innovation in plant breeding be protected at all? If so, should it be using patents or a sui generis mechanism?

There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.

This work honours the achievements of Professor Herman Cohen Jehoram in the field of intellectual property law. Herman Cohen Jehoram helped put the Netherlands on the intellectual property law map through his organizational and academic work for the World Intellectual Property Organization (WIPO), the Association Literaire et Artistique Internationale (ALAI), and the European Community's Legal Advisory Board. He has also served as the voice of Dutch copyright law abroad and has been described as the founding father of the University of Amsterdam's Institute for Information Law. This collection of essays is international in scope and the contributions from prominent experts cover a broad range of topics in intellectual property law reflecting the academic and historical interests of Professor Cohen Jehoram. The text not only represents a monument to a major force in the field, but also offers a range of insights in specific issues in industrial property, media, and information law.

Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone's right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs' members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators' interests and SSOs' goals.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

Over the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons. By illustrating NPOs' role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual-commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years. This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement. Contents: 1. Introduction 2. Commons, Intellectual Commons, and Their Tragedies 3. NPOs and the Commons Environment 4. Current NPO Theories and Their Applications 5. Associating NPOs with the Commons Environment 6. Conclusion Appendices Bibliography index

Content protection and digital rights management (DRM) are fields that receive a lot of attention: content owners require systems that protect and maximize their revenues; consumers want backwards compatibility, while they fear that content owners will spy on their viewing habits; and academics are afraid that DRM may be a barrier to knowledge sharing. DRM technologies have a poor reputation and are not yet trusted. This book describes the key aspects of content protection and DRM systems, the objective being to demystify the technology and techniques. In the first part of the book, the author builds the foundations, with sections that cover the rationale for protecting digital video content; video piracy; current toolboxes that employ cryptography, watermarking, tamper resistance, and rights expression languages; different ways to model video content protection; and DRM. In the second part, he describes the main existing deployed solutions, including video ecosystems; how video is protected in broadcasting; descriptions of DRM systems, such as Microsoft's DRM and Apple's FairPlay; techniques for protecting prerecorded content distributed using DVDs or Blu-ray; and future methods used to protect content within the home network. The final part of the book looks towards future research topics, and the key problem of interoperability. While the book focuses on protecting video content, the DRM principles and technologies described are also used to protect many other types of content, such as ebooks, documents and games. The book will be of value to industrial researchers and engineers developing related technologies, academics and students in information security, cryptography and media systems, and engaged consumers.

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level. The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale. This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices.

Few changes in the world of intellectual property (IP) have been as transformative as the advent and proliferation of digital content works. The high value of these works in modern society has prompted calls for new IP standards to promote the protection - and the sharing - of such valuable assets.

Non-Commercial digital piracy has seen an unprecedented rise in the wake of the digital revolution; with wide-scale downloading and sharing of copyrighted media online, often committed by otherwise law-abiding citizens. Bringing together perspectives from criminology, psychology, business, and adopting a morally neutral stance, this book offers a holistic overview of this growing phenomenon. It considers its cultural, commercial, and legal aspects, and brings together international research on a range of topics, such as copyright infringement, intellectual property, music publishing, movie piracy, and changes in consumer behaviour. This book offers a new perspective to the growing literature on cybercrime and digital security. This multi-disciplinary book is the first to bring together international research on digital piracy and will be key reading for researchers in the fields of criminology, psychology, law and business.

South Korea known as the hermit kingdom was wrenched from its isolation in the mid-seventies with the forced industialisation of its economy by Park Chung-hee during his dictatorial regime. This led South Korea to becoming the most rapidly industialised country in the world with world class technology and a population who are largely digitally proficient. The course is charted from the rule of Park Chung-hee to his democratically elected daughter President Park Geun-hye who is now on trial for corruption. The legacy of the Park to Park era is not only the most fruitful in Korean history but the most tumultuous, most recently because of the accelerated nuclear ambitions of North Korea. The analysis is through the framework of investment, innovation and intellectual property rights and the double edged sword of cult and rapid action, so central to Korean culture.

Copyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area. The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field. Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.

View the Table of Contents.
Read the Introduction.

aThis comprehensive analysis of privacy in the information age challenges traditional assumptions that breeches of privacy through the development of electronic dossiers involve the invasion of oneas private space.a
--"Choice"

"The Digital Person challenges the existing ways in which law and legal theory approach the social, political, and legal implications of the collection and use of personal information in computer databases. Solove's book is ambitious, and represents the most important publication in the field of information privacy law for some years."
--"Georgetown Law Journal"

"Anyone concerned with preserving privacy against technology's growing intrusiveness will find this book enlightening."
--"Publishers Weekly"

"Solove . . . truly understands the intersection of law and technology. This book is a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age."
--"The Wall Street Journal"

"Daniel Solove is one of the most energetic and creative scholars writing about privacy today. The Digital Person is an important contribution to the privacy debate, and Solove's discussion of the harms of what he calls 'digital dossiers' is invaluable."
--Jeffrey Rosen, author of "The Unwanted Gaze" and "The Naked Crowd"

"Powerful theme."
--"Privacy Journal"

"This is not only a book you should read, but you should make sure your friends read it."
--"IEEE Review"

"Solove offers a book that is both comprehensive and easy to understand, discussing the changes that technology has brought to our concept of privacy. An excellentstarting point for much needed discussion."
--"Law Technology News"

"An unusually perceptive discussion of one of the most vexing problems of the digital age--our loss of control over our personal information. It's a fascinating journey into the almost surreal ways personal information is hoarded, used, and abused in the digital age. I recommend his book highly."
--Bruce Schneier

"Solove's book is the best exposition thus far about the threat that computer databases containing personal data about millions of Americans poses for information privacy."
--Pamela Samuelson, Chancellor's Professor of Law and Information Management at the University of California, Berkeley

"Solove drives his points home through considerable reconfiguration of the basic argument. Rather than casting blame or urging retreat to a precomputer database era, the solution is seen in informing individuals, challenging data collectors, and bringing the law up-to-date."
--"Choice"

"If you want to find out what a mess the law of privacy is, how it got that way, and whether there is hope for the future, then read this book."
--"Legal Times"

"Solove evaluates the shortcomings of current approaches to privacy as well as some useful and controversial ideas for striking a new balance. Anyone who deals with privacy matters will find a lot ot consider."
--"DM News"

"Solove's treatment of this particular facet is thoughtful, thorough, concise, and occasionally laced with humor. The present volume gives us reason to look forward to his future contributions."
--"The Law and Politics Book Review"

"Solove's book is useful, particularly as an overview on how these private and governmentdatabases grew in sophistication and now interact with one another."
--"Christian Science Monitor"

"A far-reaching examination of how digital dossiers are shaping our lives. Daniel Solove has persuasively reconceptualized privacy for the digital age. A must-read."
--Paul Schwartz, Brooklyn Law School

"The Digital Person is a detailed and approachable resource on privacy issues and the laws that affect them."
--"IT Conversations"

Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.

The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.

The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

Intellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful title consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.

Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation - more best-selling apparels, more fashionable designs and more fulfilment of customer expectations - without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device's ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.

Daniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the Leahy-Smith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.'> - Peter K. Yu, Drake University Law School, USWithin the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy. The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades. This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law. Contributors: C. Aceves, T.L. Anenson, D.L. Baumer, R.C. Bird, D.R. Cahoy, W.M. Chumney, J. Gehman, D.M. Gitter, Z. Lei, G. Mark, S.J. Marsnik, D. Orozco, L.J. Oswald, R.B. Sawyers, R.E. Thomas

This work examines the endeavours of the Arabian Peninsula States - namely the Gulf Cooperation Council member States of Bahrain, Kuwait, Oman, Qatar Saudi Arabia and the UAE, as well as Jordan and Yemen as prospective GCC members - in establishing national intellectual property protection regimes which both meet their international treaty obligations and are also congruent with their domestic policy objectives. It uses the WTO's TRIPS Agreement of 1995 as the universal benchmark against which the region's laws are assessed. The challenges faced by the States in enforcing their intellectual property laws receive particular attention. Protecting Intellectual Property in the Arabian Peninsula considers the changing nature of the States' intellectual property laws since 1995. It argues that the decade immediately following the TRIPS Agreement was marked by a period of foreign forces shaping or influencing the character of the States' intellectual property legislative regimes, primarily through multilateral or bilateral trade-based agreements. The second and current decade, however, see a significant shift away from foreign influences and a move towards domestic and regional imperatives and initiatives taking over. The work also examines regional initiatives for the protection of traditional knowledge and cultural heritage, as areas of intellectual property which fall outside the parameters of the TRIPS Agreement, but which are of significant concern to the States and other developing countries, and to which they are giving increasing attention in terms of providing proper protection.

This open access book is the outcome of a Global Forum on Innovation, Intellectual Property and Access to Medicines held in December 2019 at the Max Plank Instititute in Munich, organised by the South Centre and the Max Plank Institute. The academics and experts from international organisations participating have contributed chapters to this book. The book is for policy makers (in Ministries of Health, Ministries of Trade, Ministries of Foreign Affairs, patent offices), but also relevant for academics (law, trade, public health), on the flexibilities available in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization to promote access to medicines.

Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book's exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.

This study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. The author argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law and analyse particular human rights bearing upon the issue of intellectual property and access to medicines.

The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book's approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters.
The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.