Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms. Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.

3D printing poses many challenges to the traditional law of intellectual property (IP). This book develops a technical method to help overcome some of these legal challenges and difficulties. This is a collection of materials from empirical interviews, workshops and publications that have been carried out in one of the world's leading research projects into the legal impact of 3D printing. The project was designed to establish what legal challenges 3D printing companies thought they faced, and having done that, to establish a technical framework for a solution.

Intellectual property protection is increasingly becoming a central issue for businesses. This book provides a wealth of original research on intellectual property management in small and medium sized enterprises, while also addressing the context of innovation and knowledge management.

Delius was born in 1862, twenty-four years before the signing in 1886 of the Berne Convention, the international convention for the protection of literary and artistic works of which Great Britain was a founder member. During Delius's lifetime came the birth of the record industry, the development of exercising the performing right, the introduction of the mechanical right, and the advent of films and broadcasting. Robert Montgomery and Robert Threlfall chronicle Delius's dealings with his publishers and the Performing Right Society (PRS) through his copious correspondence. Virtually all of the very early letters have been lost, but his correspondence in German with Harmonie Verlag of Berlin, Tischer & Jagenberg of Cologne, and Universal Edition of Vienna is almost complete. This book provides a selection of translations of these letters, most of which have never been seen before, and offers a unique insight into how a leading twentieth-century composer earned his living from composition in the changing environment of the world of music. Some of the problems that Delius encountered were because the administrative procedures brought in by Berne were in their infancy. Equally important in building a picture of Delius's publishing affairs is the Delius file in the PRS archive, to which Jelka Delius wrote in English, and which contains both sides of the correspondence. The book also covers the period after Delius's death when the Delius Trust, as the legal representative of his estate, took over responsibility for administering copyrights and promoting his music. The book provides a valuable model for the methodology involved in presenting a history of music publishing. It will provide a useful springboard for scholars to look at other composers in terms of their published material and how this relates to the general dissemination of their work.

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

The Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.

Photographers and publishers of photographs enjoy a wide range of legal rights including freedom of expression and of publication. They have a right to create and publish photographs. They may invoke their intellectual, moral and property rights to protect and enforce their rights in their created and/or published works. These rights are not absolute. This book analyses the various legal restrictions and prohibitions, which may affect these rights. Photography and the Law investigates the legal limitations faced by professional and amateur photographers and photograph publishers under Irish, UK and EU Law. Through an in-depth discussion of the personal rights of the public, including the right not to be harassed, the book gives a clear analysis of the current legal standpoint on the relationship between privacy and freedom of expression. Additionally, the book looks at the reconciliation of photographers' rights with the state's interest in public security and defence, alongside the enforcement of ethical and moral codes. Comparative legal standing in the European Union is used as a springboard to further analyse Irish and UK statutes and case law, including recent reforms and current proposals for future change. The book ends with pertinent suggestions of the necessary reforms and enactments required to rebalance the relationship between the personal rights of individuals, the state's duties and the protection of photographers' and photograph publishers' rights. By clearly explaining the theoretical and conceptual reasoning behind the current law, alongside proposed reforms, the book will be a useful tool for any student or academic interested in photography law, privacy and media law, alongside professional and amateur photographers and photograph publishers.

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.

This authoritative collection reprints the key articles in the field of the economics of patents. The editor's selection, contextualised by a comprehensive introduction, examines the classic literature on the design and evolution of the patent system, the now well-established body of work on the use of patent statistics as a measure of invention and technological change, and the new interest in the analysis of corporate patenting. Volume I explores the nature of the patent system, the breadth of patent scope, and the historical foundations of patenting. It goes on to cover overall macro-trends and sectoral patterns of patenting over long periods, as well as critical appraisals of the use of patent statistics. Volume II addresses topics such as firm motivations to patent, the valuation of patents, and determinants of variations in the propensity to patent. It concludes with the analysis of corporate technological profiles, and patterns of knowledge flows, science-technology relationships and social networks.

"The World Intellectual Property Organization "aims to introduce a much ignored element of the contemporary structure of global governance to scholars of international political economy. The book discusses:
- How WIPO works, its antecedents and history
- The debates about the role and justification of intellectual property
- The role of WIPO within contemporary global politics.
- The key elements of its relations with the World Trade Organization,
- The Agreement on Trade Related Aspects of Intellectual Property Rights.
The analysis then examines the recent political economy of the organization and argues that far from being the neutral or technical agency that it often presents itself as, the WIPO is highly politicized and acts to socialize policy makers and civil servants into a specific view of intellectual property. However the recent proposal to establish a Development Agenda at the WIPO is an important development, and the book concludes by examining the problems which has promoted this agenda and suggesting that the politicization of the WIPO should be welcomed.
The World Intellectual Property Organization is a clear and accessible volume that will confirm the WIPO as one of the global institutions which any student of global governance must understand.""

The concept of creativity, together with concerns over access to creativity and knowledge, are currently the subject of international debate and unprecedented public attention, particularly in the context of international developments in intellectual property laws. Not only are there significant developments at the legal level, with increasing moves towards stronger and harmonized protection for intellectual property, but also there is intense public interest in the concepts of creativity, authorship, personality, and knowledge. In Creating Selves, Johanna Gibson addresses strategic responses to intellectual property, and suggests alternative models for encouraging, rewarding, and disseminating creative and innovative output, which are built upon a critical analysis of and approach to the debate and to the concept of creativity itself. Drawing upon critical theories in authorship, literature, music, the sciences and the arts, Gibson suggests a radical re-consideration of the notion of creativity in the intellectual property debate and the means by which to encourage and sustain creativity in contemporary society.

"The World Intellectual Property Organization "aims to introduce a much ignored element of the contemporary structure of global governance to scholars of international political economy. The book discusses:
- How WIPO works, its antecedents and history
- The debates about the role and justification of intellectual property
- The role of WIPO within contemporary global politics.
- The key elements of its relations with the World Trade Organization,
- The Agreement on Trade Related Aspects of Intellectual Property Rights.
The analysis then examines the recent political economy of the organization and argues that far from being the neutral or technical agency that it often presents itself as, the WIPO is highly politicized and acts to socialize policy makers and civil servants into a specific view of intellectual property. However the recent proposal to establish a Development Agenda at the WIPO is an important development, and the book concludes by examining the problems which has promoted this agenda and suggesting that the politicization of the WIPO should be welcomed.
The World Intellectual Property Organization is a clear and accessible volume that will confirm the WIPO as one of the global institutions which any student of global governance must understand.""

This book challenges the prevailing view of cinema and cinema culture that Hollywood/the US creates, produces and exports, with other countries importing, sometimes modifying and sometimes pirating 'original' American work. Instead the book argues that the 'original ideas' which underpin the moneymaking activities of the 'creative industries', and for which 'ownership' is secured through copyright, are often imported, 'borrowed' and modified by Hollywood itself from other cultures and national cinemas. The book considers especially Chinese and Korean cinema, and film 'piracy' in these countries, to show that ideas of cultural ownership and copyright are not as straightforward as they may at first seem, and that copyright is perhaps primarily a lever through which cultural control is exercised by the cultural big business of the dominant power.

Chretien de Troyes uses repeated references to Spain throughout his romances; despite past suggestions that they contain Mozarabic and Islamic themes and motifs, these references have never been commented upon. The book will demonstrate that these allusions to Spain occur at key moments in the romances, and are often coupled with linguistic "riddles" which serve as roadmaps to the manner in which the romances are to be read. These references and riddles seem to support the idea that some of their themes and motifs in Chretien's romances are of "Andalusi" origin. The book also analyzes Chretien's notion of "conjointure" and shows it to be the intentional elaboration of a sort of "Mischliteratur," which integrates Islamic and Jewish themes and motifs, as well as mystical alchemical symbolism, into the standard religious and literary canons of his time. The contrast afforded by Chretien's use of irony, and his subtle integration of this "matiere d'Orient" into the standard canon, constitutes a carefully veiled criticism of the social and moral conduct, as well as spiritual beliefs, of twelfth-century Christian society, the crusading mentality, chivalric mores, and even the notion of "courtly love," The primary interest of the book lies in the fact that it will be the first to comment upon and analyze Chretien's references to Spain and the rich "matiere d'Orient" in his romances, while suggesting channels for its transmission, through scholars, merchants, and religious houses, from northern Spain to Champagne.

This book examines how debates over copyright law in the United States during the nineteenth century, particularly over the lack of an international copyright law, intersected with the business practices and political and artistic beliefs of American authors. These debates shaped a discourse of literary property rights that forced authors to negotiate their copyrights not only with their publishers, but with their readers as well. The author argues that the act of taking out a copyright was more than a mere legal mechanism marking a transition from amateur to professional or artist to businessperson. Taking out a copyright had a profound impact on how audiences viewed authors, how authors perceived their profession, and how they represented individual rights and property ownership within their texts. The book is unique in the scope of its research, tracking developments from the 1820s through the 1890s, and in the way it approaches the work and careers of well-known authors. The author employs research from the American Antiquarian Society, the Harriet Beecher Stowe Center, and the Government and Special Collections at the University of Iowa, drawing on an array of documents including newspaper editorials, legislative hearings, court decisions, and the public and private writing of James Fenimore Cooper, Walt Whitman, Harriet Beecher Stowe, Samuel Clemens, and Emily Dickinson to demonstrate how authors found themselves in an uneasy opposition to their reading public.

In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit their greatest natural resource: intellectual property. Through an exploration of the techniques used in social entrepreneurship, Intellectual Property, Entrepreneurship and Social Justice provides a framework by which historically marginalized communities and developing nations can cooperate with the developed world to establish a socially cohesive global intellectual property order. The knowledgeable contributors discuss, in four parts, topics surrounding entrepreneurship and empowerment, education and advocacy, engagement and activism and, finally, commencement. Experts in the field, scholars, law professors and students of intellectual property, human rights and international trade and development will find this book to be both thought-provoking and a valuable resource. Contributors: D.M. Conway, S. Ghosh, L.J. Gibbons, M. Gollin, R.S. Heimes, P. Lyfoung, A. McGeehan, C. McNulty, L. Mtima, L.E. Mulraine, J.R. Whitman, V. Rawlston Wilson, P.K. Yu

What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.' - Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade. In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets. The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis. Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. Westphal

Seasoned professionals examine essential licensing issues Licensing in Libraries: Practical and Ethical Aspects is designed to help librarians, publishers, students, and professionals in library licensing stay at the forefront of this rapidly evolving field. Experienced professionals present state-of-the-art information on licensing issues, including interlibrary loan contract management, end-user education, pricing models for electronic materials, copyright, public domain issues, e-books, consortial licensing, licensing software, and legal aspects of licensing, as well as an important historical perspective on the development of the field. Licensing in Libraries provides publishers with important considerations that impact their roles as vendors of licensed products. Licensing professionals can update their knowledge with a close look at the controversial issues surrounding licensing special collections, digital rights management, and producers' concerns about content. The book also looks at the role of the Copyright Clearance Center regarding compliance in the electronic environment. Licensing in Libraries examines: licensing from both a vendor and consumer perspective software to help manage licenses factors for vendors to consider when deciding on pricing models current information on the more complex levels of licensing the developing world of e-book licensing licensing laws of concern to librarians the impact that licensing has on library services educating patrons about products they will use

The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of 'thinking in terms of excendence'. The book brings a novel and critical approach to human rights in general and to the human right to science and culture in particular. It offers a new way of thinking about access to knowledge in the postanalogue, postmodern society. Inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas, the book begins by using excendence as a way of thinking about the individual, speech and text. It considers paradigms arising from postanalogue society, revealing the neglected normative content of the human right to science and culture and proposes a morality, dignity and solidarity situated in a postmodern context. Finally the book concludes by responding to questions on happiness, dignity and that which is social. Including an Annex which presents the author's private project related to thinking in the context of the journey from 'myth to reason', this book is of interest to researchers in the fields of philosophy and the theory of law, human rights, intellectual property and social theory.

This completely revised and expanded edition recognises the growing importance of patent systems and documentation from Asia, South America and Africa. The most prominent patent systems from these regions are treated individually, together with revisions to existing country coverage and an overview of IP developments in general. This is an essential reference tool for librarians, information specialists, data analysts and others seeking to use patent information either at the document level or in bulk.