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Intellectual Property - Omnipresent, Distracting, Irrelevant? (Hardcover)
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Intellectual Property - Omnipresent, Distracting, Irrelevant? (Hardcover)
Series: Clarendon Law Lectures
Expected to ship within 12 - 17 working days
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Intellectual property rights (IPRs) are increasingly significant
elements of economic policy: they are vital to developed countries
in an age of global trade. Today's astounding new technologies,
stemming from the digital and biotechological revolutions are
creating new problems. William Cornish focusses upon the major
dilemmas that currently enmesh the subject: the omnipresent spread
of IPRs across some recent technologies, the distraction caused by
rights that achieve little of their intended purpose, and the
seeming irrelevance of IPRs in the face of new technologies such as
the internet. What IPRs are good for, and what they should achieve
depends upon the law which defines them. There is great
international, as well as national pressure for new laws, and in
Europe, the EU is now the dominant force in shaping IP policy.
Against this background, William Cornish surveys current arguments
over legal policy in this field. How can the the issues raised by
advances in human genetics be reconciled with the potential for
diagnostic and therapeutic advances, and the patenting of
molecules, genes, and even organisms by biotechnology and
pharmaceutical companies? How can this new field be fairly
protected through the existing requirements of patent law; and who
should be responsible for effecting this result? Copyright is the
traditional buttress of publishing, computer programming, and
record and film production. It now faces a life-sapping threat from
free and ready access to material via the Internet and other
digital resources. How can a mixture of legal rights and
technological barriers to access give reasonable protection to
investment in new intellectual products without becoming an
inordinate instrument of control? Trade marks are the crux of
branding: a cornerstone of marketing that often eclipses even the
very things being sold. How can we reconcile the tension between
those intent on legal protection for every element of investment in
branding, and those concerned to balance freedom to compete against
the drive for 'fair trading'?
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