This title was first published in 2003: Law changes rapidly. Since the first edition of this book in 1991 there have been tremendous changes - European Union measures, a new Defamation Act and Data Protection Act, amendments to copyright, and new problems from the Internet. This second edition has been comprehensively revised and updated to reflect these changes. Copyright, patents, and confidential information are marketable commodities needing the protection of law. This is not a book for the legal specialist but a readable guide to information law for those in the information management field. It includes many examples of legal cases and helpful explanations of the different kinds and causes of legal action. One chapter is devoted to electronic data issues and two to copyright abroad and transnational protection of intellectual property. Whilst the main emphasis is on copyright - written, visual, musical and multimedia - other areas of intellectual property, particularly patents, are discussed, and advice given on trade marks, passing off and related issues. The author explains the legal principles of data protection and privacy, libel, freedom of information, official secrets, censorship, obscenity, blasphemy, and racial hatred. Full statute and case references are included in the book. Information scientists, librarians and others in modern information and media management will find this book an invaluable reference for what they can and can't do with information they manage and distribute.

As technology and the idea of distance education is rapidly changing, so too must the law that protects copyrighted material. In 2003 U.S. copyright law was amended with the legislation now known as TEACH (Technology Education and Copyright Harmonization). Tomas Lipinski discusses these changes to copyright law and how they may ultimately affect traditional distance classrooms. Providing a step-by-step explanation of the law and how it impacts these pedagogical issues, Lipinski discusses instructor ownership issues, a general application of "fair use," and other issues that will inevitably arise when technology, intellectual property, and education all intersect. Tomas Lipinski is a lawyer, and he approaches these volatile (and very new) issues from a legal perspective. This book, however, is written in intermediate terms that will make it accessible (as well as necessary) to the distance educator and administrator. As the framework for distance education and technology (particularly copyright) law is now set in place, this book will prove an invaluable resource for years to come.

This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.

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.

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.

Advanced technology has resulted in the proliferation of all kinds of popular symbols and illustrations; but sorting out which are protected by the law, and which are merely familiar scribbles can be a confusing and laborious task. This question is answered, as well as many others about contemporary trademark law, in this accessible guide by Timothy Wherry. Information seekers are directed through the process of verifying that a trademark is registered, and given a history of the trademark and important trademark court cases. A useful FAQ section answers some common questions about trademarks. Wherry's work also includes useful listings of U.S. and international trademark classifications, and is a fitting tool for entrepreneurs, librarians, and law students alike.

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.

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

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

This book provides an analysis of the legal and policy dimensions of open access to research, education and public sector information with a focus on Nigeria. Kunle shows how open access has evolved across the world and how such initiatives could be implemented in Nigeria and other countries in the developing world. The author argues for a platform where Nigerians are able to freely connect to the 'global library', through the open access dual platforms of self-archiving and open access publishing, thereby providing access to knowledge. The importance of connecting local works to the 'global library' to increase visibility and impact of such works is also underscored. This book furthers our understanding of open educational resources as alternative avenues to accessing education and seeks to foster citizenry participation, good governance, accountability, democratic values and spur creativity and innovation through open governance and access to public sector information. Providing a framework for open access in developing countries, Open Access to Knowledge in Nigeria is an important read for scholars interested in knowledge production in Africa, development of the knowledge economy and the open access and Access to Knowledge movements.

Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts. www.routledge.com/cw/revision

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.