Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.

Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, "Intellectual Property and Information Control" provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property. As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.

Darrell A. Posey, who died in 2001, was internationally known for his support of indigenous peoples and their natural habitats, and particularly for his pioneering work with the Kayapo people of Brazil. He was an organiser of the First International Congress of Ethnobiology which resulted in the Declaration of Belem: the first instance of an international scientific organisation recognizing an obligation to compensate native peoples for use of their knowledge and biological resources. In 1993, Posey received the United Nations Global 500 Award for Outstanding Achievement in Service to the Environment. Indigenous Knowledge and Ethics presents seventeen of his articles on the topics of environment, indigenous knowledge and intellectual property rights. Demonstrating his belief in the validity of indigenous knowledge systems, and his insistence that indigenous rights must be recognised and protected, it is an ideal introduction to his thought and work.

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.

The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.Methods and Perspectives in Intellectual Property portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by, amongst other things, use of historical, comparative and empirical analysis. The book highlights the emergence of law and economics in the US as one of the dominant paradigms through which to consider intellectual property law, but also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research. Methods and Perspectives in Intellectual Property will prove valuable for professors, researchers, policymakers and students in intellectual property law as well as other related areas. Contributors: A. Adewopo, M. Barczewski, N. Bruun, I. Calboli, M. Chon, E. Derclaye, G.B. Dinwoodie, Y.M. Gadallah, C. Geiger, G. Ghidini, A. Griffiths, P. Johnson, D. Py , A. Rahmatian, M. Senftleben, D. Tan, M.A. Wilkinson

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

An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the one-size-fits-all approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers perspectives from a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.

This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.

This book provides international and domestic perspectives on the law of copyright and is led by a foreword on the future of copyright by Dr Francis Gurry, Director General of WIPO and a chapter on the lessons for copyright policy in classical Roman law, by Justice Arthur Emmett. The body of this collection covers current perspectives in the digital age, from the application of the Berne Convention, to time shifting and intermediary copyright liability, as well as perspectives from developing and developed countries covering laws, user rights, open access, government use of copyright material and the use of the criminal law to proscribe copyright infringement.

Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.

First published in 1991, this volume aims to take a close look at the laws of 27 countries to locate what others value in the realm of legal deposit and heighten our awareness of its importance for free access to information. It responds to the great concern over the freedom of the press, the end of censorship and absolute government secrecy, and guaranteed public access to information. The term 'legal deposit', known in the UK and several former-British Empire countries as 'copyright deposit', originated in France in 1537 and has spread throughout the world, though the definition of the term remains questionable. Jan T. Jasion examines this through three parts: various aspects of legal deposit, comparing legal deposit worldwide and a detailed examination of the laws of 27 countries to compare the various national interpretations of legal deposit.

Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

This title was first published in 2001. The D-Notice system is a voluntary arrangement between the government and the media whereby the media agree not to publish certain information in the interests of national security. This original and thought-provoking book identifies a major deficiency in both the D-Notice system and the legal alternatives to the system.

With reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It focuses on China's patent legislation, its achievements and weaknesses, as well as the intrinsic limitations.

This authoritative four-volume collection presents the most important published articles and papers on the economics of intellectual property - a subject that is of increasing interest to both economists and lawyers. Publication is timely in view of the growing interest in the relationship of innovation and knowledge to economic growth as well as the challenges to copyright being posed by the new electronic media. International in scope, this four-volume set will be an essential source of reference to both economists and lawyers concerned with the rapidly developing field of intellectual property.

This title was first published in 2000. European Intellectual Property is a survey and discussion of the impact of the economic principles of the European Community, upon the legal regime for the protection of intellectual property rights within the Community and the laws of its Member States. Beginning with a discussion of the issues arising from the treaty itself and the efforts of both the European Court of Justice and the European Commission through the liberalization of licensing procedures to meet these specific issues, the survey goes on to consider the attempts to achieve harmonization of national laws in the fields of trade marks, patents, industrial design and the wider efforts to create Community wide intellectual property rights.

New intellectual property regimes are entrenching new inequalities. Access to information is fundamental to the exercise of human rights and marketplace competition, but patents are being used to lock up vital educational, software, genetic and other information, creating a global property order dominated by a multinational elite. How did intellectual property rules become part of the World Trade Organization's "free trade" agreements? How have these rules changed the knowledge game for international business? What are the consequences for the ownership of biotechnology and digitial technology, and for all those who have to pay for what was once shared information?;Based on extensive interviews with key players, this book tells the story of these profound transformations in information ownership. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, and shows how intellectual property rights can be more democratically defined.

This practical guide is aimed specifically at information professionals who are often those responsible for copyright compliance in their organisation. Copyright infringement can carry both civil and criminal penalties, making it essential for those responsible to get it right. This new edition has been updated to take account of recent developments concerning Crown copyright, and the proposed EC Directive on harmonising certain aspects of copyright and related rights. There is a new chapter on licensing agreements for electronic information, and an updated list of useful organisations.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the creative process? This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates - the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theories, and offers new legal-theoretical justifications for the right to make derivative works. As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars, and practitioners interested in intellectual property and copyright law.

Readers say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents" Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one's trust with no lawyers and no expense. Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients' heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys' fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.

A step-by-step guide to licensing technology-based intellectual property assets

For many modern, high-technology companies, licensing their technology-based intellectual property assets is the best way to fully exploit them. Firms that are unable to utilize their proprietary technology assets can license them to other companies more capable of doing so. This book serves as an informed and comprehensive guide to developing a technology licensing program and the legal hurdles, operational needs, and strategies involved.

Suitable for companies seeking to implement or redesign a technology licensing program, as well as individual inventors who want to protect and profit from their proprietary technology, Technology Management covers all the bases.

Learn to:

• Develop a licensing strategy
• Conduct proper valuations of intellectual property
• Gather and utilize market research
• Market your technology
• Negotiate and draft licensing agreements

Utilize these handy resources:

• Glossary of important terminology
• Case studies and sample documents
• Lists of organizations, publications, trade shows, and other helpful sources of information

The assumption that a positive relationship exists between standardized property rights and economic development is upheld widely in most Southeast Asian and Pacific societies. Using an interdisciplinary approach and case studies, these papers assess the economic impact of standardized property rights on the land and natural resources in Southeast Asia and Oceania. Anthropological and sociological analyses of the relationship indicate a positive correlation may be difficult to sustain.