A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China

A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties. Examining the evolving activities in the international arena, especially debates and new IP rules concerning or impinging on creativity and innovation, consumer choice, trade, economics, social welfare and culture, this innovative textbook considers how these activities interact with developments at regional and domestic levels. Key Features include: Presentation of IP law in a global context, uniquely organised by theme as opposed to by type of IPR for accessibility and ease of learning a comprehensive commentary guiding students through international, regional and comparative IP law examination of the impact of IP on the international stage an interdisciplinary approach considering the global influence of IP in respect of trade, development, law, economics, technology, human rights and biological and cultural diversity, providing readers with extensive knowledge of IP law's reach A key resource for IP courses with a global outlook, Dutfield and Suthersanen on Global Intellectual Property Law will also be of great interest to a number of global institutions. Acclaim for the first edition: 'Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book's detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues.' - Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China

This diverse and insightful volume investigates changing patterns of knowledge management practices and intellectual property regimes across a range of different techno-scientific disciplines and cultures.The book links the practices and regimes of the past with those of contemporary and emerging forms, covering the mid-19th century to the present. The contributors are noted scholars from various disciplines including history of science and technology, intellectual property law, and innovation studies. The chapters offer original perspectives on how proprietary regimes in knowledge production processes have developed as a socio-political phenomenon of modernity, as well as providing an analysis of the way individuals, institutions and techno-sciences interact within this culture. With in-depth analysis, this book will appeal to academics and students of STS (Science, Technology and Society), history of science and technology, business history, innovation studies, law, science and technology policy as well as business studies. Historians of science and technology and business will also find much to interest them in this book. Contributors: S. Arapostathis, E. Bruton, B. Charnley, B. de Jonge, G. Dutfield, A. Fickers, P. Israel, M. Korthals, E. Kranakis, T. Lekkas, N. Louwaars, A.R. Maestrejuan, J. Mercelis, S.W. Morris, P. Munyi, S. Turchetti, H. van den Belt

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.

Plant genetic resources are crucial for world agriculture, food security and the global economy. The patents and intellectual property rights (IPRs) associated with the development of new crops and other products are often critical to trade. Yet there is no unified international framework for a fair IPR regime in genetic resources.This book examines the international agreements relevant to IPRs: the Convention on Biological Diversity (CBD), the World Trade Organization's TRIPS Agreement; and the Convention of the International Union for the Protection of New Varieties of Plants (UPOV). It sets out to establish an equitable IPR regime for biodiversity taking into account: ethical concerns over patenting life forms; environmental and social impacts; technology transfer; and the relation between traditional knowledge and IPRs.The book provides the first full-scale account of how to integrate the requirements of the CBD into the global IPR regime.Published in association with the World Conservation Union.

This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.

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 analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.

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.

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage, and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socioeconomic needs in countries at different stages of development, with local contexts and culture in mind. Scenarios for the future are discussed. A resource for policy-makers, stakeholders, non-profits, and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property protected material, whether a cure, a crop variety, clean technology, a textbook, or a tune but also the enhancement of their own capabilities in cultural participation and innovation.

This book is concerned with the extent to which innovations should or should not be protected as intellectual property, and the implications this has upon the ability of local manufacturers to learn to innovate. A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country's level of development. This discussion is capped by a number of proposed policy options. The theoretical and practical approaches to intellectual property rights, innovation and development policy formulation make Innovation without Patents accessible to academics, national and regional patent offices, national overseas development agencies, NGOs and patent attorneys.

This book is a history of medicines and the commercial actors that make and sell them, covering the 140 years since the modern pharmaceutical industry came into being. It is written in a lively and accessible way, aiming at a general audience that combines historical narrative with fascinating case studies on drug discovery and commercialization, from the rat poison that became warfarin, to a cardiovascular treatment that was turned into Viagra. In a non-partisan way it also examines some of the less noble manifestations of corporate behavior, concluding with an agenda for reform.It is hard to think of anything nobler than to bring to the world a medicine that saves lives. And over 140 years of history, the pharmaceutical industry has produced a range of remarkable products, albeit typically with external scientific and financial support. Making medicines is a very big and profit-driven business, and the industry does not always make the right products for the right people, or at the right prices.The industry wields immense power over lives and economies. How has it risen to this position of dominance? Are the interests of the industry and the public in balance? What should we admire about the industry? What should we criticise and seek to change? The importance of this book lies in the fact that we are all stakeholders in this industry whether or not we own shares, so we all need answers to these questions.Related Link(s)

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage, and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socioeconomic needs in countries at different stages of development, with local contexts and culture in mind. Scenarios for the future are discussed. A resource for policy-makers, stakeholders, non-profits, and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property protected material, whether a cure, a crop variety, clean technology, a textbook, or a tune but also the enhancement of their own capabilities in cultural participation and innovation.

This book is a history of medicines and the commercial actors that make and sell them, covering the 140 years since the modern pharmaceutical industry came into being. It is written in a lively and accessible way, aiming at a general audience that combines historical narrative with fascinating case studies on drug discovery and commercialization, from the rat poison that became warfarin, to a cardiovascular treatment that was turned into Viagra. In a non-partisan way it also examines some of the less noble manifestations of corporate behavior, concluding with an agenda for reform.It is hard to think of anything nobler than to bring to the world a medicine that saves lives. And over 140 years of history, the pharmaceutical industry has produced a range of remarkable products, albeit typically with external scientific and financial support. Making medicines is a very big and profit-driven business, and the industry does not always make the right products for the right people, or at the right prices.The industry wields immense power over lives and economies. How has it risen to this position of dominance? Are the interests of the industry and the public in balance? What should we admire about the industry? What should we criticise and seek to change? The importance of this book lies in the fact that we are all stakeholders in this industry whether or not we own shares, so we all need answers to these questions.Related Link(s)

This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to invent life forms from scratch.