This volume fills an important need for understanding about the interplay between China's intellectual property protection system and the potential for innovation in China's economy. Using examples from the pharmaceutical and biotech industries, the author suggests that, despite the widely documented challenges facing China's IPR protection system, the system has a demonstrable effect on innovation. The author suggests that China's patent system promotes innovation through economic incentives, soft factors of public encouragement, and intentional development strategies. This book is also useful as an overview of China's biotech and pharmaceutical sectors, offering a range of richly detailed case studies on China's industrial development strategies in these sectors. A number of important patent disputes between Chinese and foreign companies are also examined to useful effect. In the highly contentious policy world of intellectual property protection and pharmaceutical and biotech industry development, the volume offers a refreshing combination of detail and insight.'uPitman B. Potter, University of British Columbia, Canada'Yahong Li's pioneering study, Imitation to Innovation in China, breaks new ground in closely examining the extent to which the Chinese government's patent policies and patent activity by Chinese firms are influencing China's coming transformation from an imitation-oriented country to an innovation-oriented one. Her combination of theoretical and empirical approaches exploring the links between public policy, patenting activity and technological innovation (commercialization) is an important contribution to development studies, not just for China but for other newly innovative countries as well.'uWilliam O. Hennessey, Franklin Pierce Law Center, USA Following decades in which China's approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play as similar a role in promoting innovation in China as they do in the West, exploring the interplay between patents and China's biotechnology and pharmaceutical industries in particular. The author argues for a stronger patent regime based on an extensive review of the technological capacity, R&D models, patent filings and litigations, and issues in patent law, which involve China's biotechnology and pharmaceutical industries. By comparing China with other developing countries and analyzing China's uniqueness in terms of its development stage, technological capacity and the strengths and weaknesses in its patent system, the author concludes that China is distinguished from the prevailing view that patents play a limited role in innovation in developing countries. The book also discusses whether and how patents can promote innovation in China's biotechnology and pharmaceutical industries, based on the study of market scale, R&D capacity, innovation model and patent legislation and cases.

This book reflects on the development of Nigeria's intellectual property law and outlines the urgent need for reform. Bringing together expert contributors from around the world, the book identifies and discusses the inadequacies and lacunas in current intellectual property law, and how it is practiced and applied in Nigeria. The book argues that the revision and reform of Nigeria's intellectual property law will be vital for the country's development and national interests, whilst also recognising that Nigeria's legal provisions must sit within a broader global context. Divided into three parts, the book discusses patents, trademarks, and copyright in the context of broad overarching themes affecting all aspects of intellectual property law. Honouring Professor Adebambo Adewopo SAN, the pioneering thinker in Nigerian intellectual property law, this book will be an important resource for researchers working on African Law.

Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses-sensitive to their particular cultural, competitive, and technological circumstances-to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

View the Table of Contents. Read the Introduction.

.,."Perhaps the most impressive thing about Vaidhyanathan, a superb writer and speaker, is that he has made such complicated issues not only understandable but almost, well, entertaining."
--"Library Journal"

"A fascinating journey through the cultural history of copyright law. "Copyrights and Copywrongs" is remarkably readable, mercifully free of legal jargon, and entertaining. It is also thoroughly researched and includes extensive notes and references. This text belongs on the shelf of anyone interested in the ethics and development of copyright."
--"International Journal of Law and Information Technology"

"Vaidhyanathan traces the expansion of American copyright from the late nineteenth century on, giving an especially interesting account of the complexities and absurdities raised by its application to film and music."
-- "American Quarterly"

"This book makes it clear that copyright struggles are not new and will continue in the years ahead. . . . He makes that case readable, understandable, and even entertaining."
--"Portal: Libraries and the Academy"

"Remarkably readable, free of legal jargon, and entertaining . . . the author's arguments are cogent, enlightening, and important to all information professionals."
--"College & Research Libraries"

"Illuminating"
-- "Bookforum" April-June 2002

"It has taken lawyers 200-plus years to morph copyright law from the balanced compromise that our framers struck to the extraordinary system of control that it has become. In this beautifully written book, a nonlawyer has uncovered much of the damage done. "Copyrights and Copywrongs" is a rich andcompelling account of the bending of American copyright law, and a promise of the balance that we could once again make the law become."
--Lawrence Lessig, Stanford Law School and author of "Code and Other Laws of Cyberspace"

"Siva Vaidhyanathan has done a big favor for the academic and library communities. In this book, he has spelled out in clear, understandable language what's at stake in the battles over the nation's intellectual property. The issues brought forward are critical to the future of scholarship and creativity. Librarians and academics are wise to purchase this book and add it to their amust read' lists."
--Nancy Kranich, President, American Library Association, 2000a2001

""Copyrights and Copywrongs" is an urgent information-age wake-up call to a public cocooned in belief that acopyright' is a seal and safeguard for consumers and producers of culture-ware. This book guides us into the legal labyrinth of a new world of so-called intellectual property, in which afair use' isn't fair, where rights are waived and free speech--when we can get it--costs a great deal of money. From print books to video games, "Copyrights and Copywrongs" shows free expression in a legalistic chokehold. Clearly written, meticulously argued, this book is a must."
--Cecelia Tichi, author of"Embodiment of a Nation: Human Form in American Spaces"

"Bravo! When you read this brillant, often-amusing, always-penetrating book-- and you must read it as soon as possible -- you will be persuaded that our Founding Fathers were wise and right when they made the law allowing an author's copyright to exist for a limited time only, either 14 or 28 years."--"CU Cityview"

Copyright reflects farmore than economic interests. Embedded within conflicts over royalties and infringement are cultural values--about race, class, access, ownership, free speech, and democracy--which influence how rights are determined and enforced. Questions of legitimacy--of what constitutes "intellectual property" or "fair use," and of how to locate a precise moment of cultural creation--have become enormously complicated in recent years, as advances in technology have exponentially increased the speed of cultural reproduction and dissemination.

In Copyrights and Copywrongs, Siva Vaidhyanathan tracks the history of American copyright law through the 20th century, from Mark Twain's vehement exhortations for "thick" copyright protection, to recent lawsuits regarding sampling in rap music and the "digital moment," exemplified by the rise of Napster and MP3 technology. He argues persuasively that in its current punitive, highly restrictive form, American copyright law hinders cultural production, thereby contributing to the poverty of civic culture.

In addition to choking cultural expression, recent copyright law, Vaidhyanathan argues, effectively sanctions biases against cultural traditions which differ from the Anglo-European model. In African-based cultures, borrowing from and building upon earlier cultural expressions is not considered a legal trespass, but a tribute. Rap and hip hop artists who practice such "borrowing" by sampling and mixing, however, have been sued for copyright violation and forced to pay substantial monetary damages. Similarly, the oral transmission of culture, which has a centuries-old tradition within African American culture, is complicated by current copyright laws. How, for example, can ownership of music, lyrics, or stories which have been passed down through generations be determined? Upon close examination, strict legal guidelines prove insensitive to the diverse forms of cultural expression prevalent in the United States, and reveal much about the racialized cultural values which permeate our system of laws. Ultimately, copyright is a necessary policy that should balance public and private interests but the recent rise of "intellectual property" as a concept have overthrown that balance. Copyright, Vaidhyanathan asserts, is policy, not property.

Bringing to light the republican principles behind original copyright laws as well as present-day imbalances and future possibilities for freer expression and artistic equity, this volume takes important strides towards unraveling the complex web of culture, law, race, and technology in today's global marketplace.

This volume presents the first comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq's outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles-either as entirely sexless beings or victims or objects of harmful adult sexual conduct-so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Systemic Bias: Algorithms and Society looks at issues of computational bias in the contexts of cultural works, metaphors of magic and mathematics in tech culture, and workplace psychometrics. The output of computational models is directly tied not only to their inputs but to the relationships and assumptions embedded in their model design, many of which are of a social and cultural, rather than physical and mathematical, nature. How do human biases make their way into these data models, and what new strategies have been proposed to overcome bias in computed products? Scholars and students from many backgrounds, as well as policy makers, journalists, and the general reading public will find a multidisciplinary approach to inquiry into algorithmic bias encompassing research from Communication, Art, and New Media.

Originally published in 1828, Robert Maugham's Treatise on the Laws of Literary Property was the first comprehensive examination of copyright laws in Britain. Maugham was writing at a time when the rights of the 'scholar' and the 'artist' were under great debate, themes paralleled in the increasingly 'digital' literary climate of the 21st century. Dedicated to protecting the rights of the author, Maugham branded the introduction of copyright laws, and the debate surrounding the subject, a 'great literary controversy'. His Treatise served to inspire changes in copyright law and provides an accessible, detailed, and thorough discussion of the statutes that governed British authors and publishers in the nineteenth century.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world's largest and smallest offices, Peter Drahos argues that patent offices have become part of a globally integrated private governance network, which serves the interests of multinational companies, and that the Trilateral Offices of Europe, the USA and Japan make developing country patent offices part of the network through the strategic fostering of technocratic trust. By analysing the obligations of patent offices under the patent social contract and drawing on a theory of nodal governance, the author proposes innovative approaches to patent office administration that would allow developed and developing countries to recapture the public spirit of the patent social contract.

The relationships between international intellectual property treaties, the United Nations international environmental treaties (first and foremost the Convention on Biological Diversity), the relevant customary norms and soft law form a complex network of obligations that sometimes conflict with each other. The first set of treaties creates private rights while the latter affirms the sovereignty rights of States over genetic resources and related knowledge and creates international regimes of exploitation of the same. Jonathan Curci proposes solutions to the conflicts between treaties through the concept of 'mutual supportiveness', including the construction of a national-access and benefit-sharing regime, mandatory contractual provisions in relevant international contracts, a defensive protection when genetic resource-related traditional knowledge is unjustly patented through the analysis of the concepts of 'ordre public and morality', 'certificate of origin' in the patent application and 'novelty-destroying prior art' and positive protection through existing and sui generis intellectual property rights and misappropriation regimes.

- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.

The principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law - including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection. With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy. Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prevost, S.J. Schaafsma, L. Schneller

China has the highest levels of copyright piracy and trademark counterfeiting in the world, even though it also provides the highest per capita volume of enforcement. In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. It also demonstrates that fully rationalized enforcement of domestic and foreign IPR is emerging unevenly and, somewhat counter-intuitively, chiefly in those IPR subtypes that are least subject to domestic or foreign pressure. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.

1) The book provides an understanding of GI from legal and policy perspectives. 2) It focuses on the handloom industry in India. 3) The book will be of interest to departments of development studies, IPR studies, policy studies and South Asian studies across UK and USA.

This authoritative book includes a selection of seminal articles published in the emerging field of technological progress and innovation. The first part of the book is dedicated to the economics of innovation, while the following parts include important papers in various legal areas that focus on innovation. The legal fields covered by the collection include intellectual property, torts, competition law and regulation. This comprehensive book will be useful to researchers, students and legal practitioners who are interested in innovation and is a must in any research library.

Patents summarizes four decades of pioneering research by F.M. Scherer on the economics of patent protection. This book is distinguished by concern for the role of patents in a global context and by thorough investigation into the utility of patent counts as instruments for measuring the magnitude and consequences of technological invention. The book also includes a detailed new introduction by F.M. Scherer. The seminal essays contained within the book are organized around three principal foci: how to identify and shape policies yielding optimal patent protection in domestic and international markets; using patent data to reveal important features of the economy; and interpreting the economic significance of patents as measures of innovation. Explored under the second focus are the relationships of patenting to firm size, market structure, demand, and how inventions flow through the economy to yield productivity gains. The third focus illuminates implications of the highly skewed distribution of individual patent values. Scholars working on innovation and science, technological change, and law and economics will find this an invaluable and interesting book. It will also appeal to practitioners involved in patent and antitrust matters.

This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.

Showcases a rights based participatory approaches to policy-making, practice and research with children and youth. conceptualise a rights based participatory approach. Interrogates the challenges and complexities in the implementation of a rights based participatory approach. Includes 17 newly-written chapters.