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.

"The data economy" is a term used by many, but properly understood by few. Even more so the concept of "big data". Both terms embody the notion of a digital world in which many transactions and data flows animate a virtual space. This is the unseen world in which technology has become the master, with the hand of the human less visible. In fact, however, it is human interaction in and around technology that makes data so pervasive and important - the ability of the human mind to extract, manipulate and shape data that gives meaning to it. This book outlines the findings and conclusions of a multidisciplinary team of data scientists, lawyers, and economists tasked with studying both the possibilities of exploiting the rich data sets made available from many human-technology interactions and the practical and legal limitations of trying to do so. It revolves around a core case study of Singapore's public transport system, using data from both the private company operating the contactless payment system (EZ-Link) and the government agency responsible for public transport infrastructure (Land Transport Authority). In analysing both the possibilities and the limitations of these data sets, the authors propose policy recommendations in terms of both the uses of large data sets and the legislation necessary to enable these uses while protecting the privacy of users.

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-a-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

First published in 1998, this was the first book to present a comprehensive summary of both the global as well as institutional issues which are involved in biotechnology sharing. It covers the controversial subject of intellectual property rights (IPR) and the patenting of new discoveries in genetic knowledge in both agriculture and the human genome. One controversial issue is the creation of public and private DNA sequencing data bases. Of special interest is the sharing of biotechnology between the developed (rich) and developing (poor) nations. A related topic which requires immediate attention is the exploitation of biodiversity in the developing countries and the resulting extinction of rare species. Sharing or transferring biotechnology and its applications between institutions or different countries raises numerous ethical and moral dilemmas. A comprehensive summary of these issues is presented in this book.

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.

This book is the first wide-ranging guide to the key issues of intellectual property and ownership, genetics, biodiversity and food security. Proceeding from an introduction and overview of the issues, comprehensive chapters cover negotiations and instruments in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization, World Intellectual Property Organization, the International Union for the Protection of New Varieties of Plants and various other international bodies. The final part discusses the responses of civil society groups to the changing global rules, how these changes affect the direction of research and development, the nature of global negotiation processes and various alternative futures.Published with IDRC and QIAP.

In this pathbreaking work, Dagmar Herzog situates the birth of German liberalism in the religious conflicts of the nineteenth century. During the years leading up to the revolutions of 1848, liberal and conservative Germans engaged in a contest over the terms of the Enlightenment legacy and the meaning of Christianity--a contest that grew most intense in the Grand Duchy of Baden, where liberalism first became an influential political movement. Bringing insights drawn from Jewish and women's studies into German history, Herzog demonstrates how profoundly Christianity's problematic relationships to Judaism and to sexuality shaped liberal, conservative, and radical thought in the pre-revolutionary years. In particular, she reveals how often conflicts over the private sphere and the "politics of the personal" determined larger political matters.

Herzog documents the unexpected rise of a politically sophisticated religious right led by conservative Catholics, and explores liberals' ensuing eagerness to advance a humanist version of Christianity. Yet she also examines the limitations at the heart of the liberal project, as well as the difficulties encountered by philo-Semitic and feminist radicals as they strove to reconceptualize both classical liberalism and Christianity in order to make room for the claims of Jews and women. The book challenges fundamental assumptions about processes of secularization and religious renewal and about Jewish-Christian relations in German history.

Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.

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.

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

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.

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.

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.

-Thorough and accessible coverage of both law and ethics in the communication and media professions -Can be used for undergraduate and graduate course focused specifically on law, and is also ideal for programs that incorporate ethics into law course -Practical case study driven approach with fresh coverage of international law, social media, and digital communication technologies -Online resources include PowerPoint slides, study guides, and instructor materials

"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 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.

An authoritative, accessible guide to administering an estate The majority of applications for probate that follow someone's death can be dealt with inexpensively by any reasonably intelligent person with time available and a little guidance. This easy-to-follow book clearly explains all the information you need to administer the deceased's estate, from dealing with the urgent practical matters to preparing and submitting the relevant forms, paying inheritance tax, and distributing the estate. You'll find specimen forms and letters and a list of useful addresses that will enable you to deal with it all yourself. Contents: Preface; 1. What is probate, when is it necessary and what is involved? 2. Who can and should wind up the estate; 3. Getting started; 4. Next steps; 5. From preparing and submitting the forms to distributing the estate; 6. Distributing the estate; Appendices: 1. Specimen forms and letters; 2. Useful addresses; 3. Glossary; Index.

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.

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors - judges, practitioners and academics - are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

A definitive resource for professionals in licensing and technology management

In this comprehensive guide to licensing best practices, esteemed members of the Licensing Executives Society International offer in-depth discussion of a broad range of important topics in the field of licensing, including:

• Licensing issues in Europe, Asia, Australia, the Middle East, South Africa, and Latin America
• Technology valuation
• Technology management consulting
• Licensing agreements and strategic partnerships
• The expansion of the licensing profession
• Patent procedures and protection in Europe
• Trade secrets law and intellectual property assets
• Issues in copyright, software, and Web sites
• Trademarks, trade names, and trade dress
• Licensing in the biotechnology industry
• Pharmaceutical licensing
• University licensing trends
• Technology rights that are financial assets and instruments
• IC-based corporate carve-outs
• Licensing and litigation
• ADR

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.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.