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The fields of intellectual property have broadened and deepened in
so many ways that commentators struggle to keep up with the
ceaseless rush of developments and hot topics. Kritika: Essays on
Intellectual Property is a series that is designed to help authors
escape this rush. It creates a forum for authors who wish to more
deeply question, investigate and reflect upon the evolving themes
and principles of the discipline. The essays in this 5th volume in
the series come from authors who, after a lifelong engagement with
various fields of intellectual property (including its
socio-economic foundations), reflect on the events and processes
that, in their scholarly experience, most significantly impacted on
the great evolutionary trends in their particular fields. These
reflections span a wide arc from the contradictory history of the
regulation of employee inventions and works, to the status of
intellectual property as market regulation under public
international law; from the trajectories of trade mark protection
in the European Union, to the paradigmatic changes copyright law
has undergone as a result of technological change; from the
influence of the human rights movement on perceptions of
intellectual property, to the pendulum swings of patent protection
in gene technology inventions; and finally, from the impact of the
TRIPS Agreement and bilateral TRIPS plus agreements on IP in the
pharmaceutical sector, to the continuing development of copyright
for works of art and of the resale right in the PR China. With
contributions from: Niklas Bruun, Thomas Cottier, Annette Kur,
Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal,
Zhou Lin
The fields of intellectual property have broadened and deepened in
so many ways that commentators struggle to keep up with the
ceaseless rush of developments and hot topics. Kritika: Essays on
Intellectual Property is a series that is designed to help authors
escape this rush. It creates a forum for authors who wish to more
deeply question, investigate and reflect upon the evolving themes
and principles of the discipline. This second volume of Kritika,
like the first, sees its contributors writing on core themes and
concepts of intellectual property. The essays deal with the current
limits of economic knowledge and approaches to intellectual
property; China's approach to innovation and intellectual property;
a functional and constructivist account of intellectual property
rights; the evolution of the essential facilities doctrine,
including in the Chinese context; the emergence of multi-layered IP
protection for designed objects; the changing balance of the
interests of trade mark proprietors, competitors and consumers; the
interaction between place and non-agricultural geographical
indications; and the trajectory of increased protection for
intellectual property and some of its likely consequences. With
contributions from: Giuseppe Colangelo; Vincenzo Di Cataldo; Susy
Frankel; Johanna Gibson; Keith E. Maskus; Roberto Pardolesi; Thomas
Riis; Jens Schovsbo; Ken Shao and Michel Vivant
The fields of intellectual property have broadened and deepened in
so many ways that commentators struggle to keep up with the
ceaseless rush of developments and hot topics. Kritika: Essays on
Intellectual Property is a series that is designed to help authors
escape this rush. It creates a forum for authors who wish to more
deeply question, investigate and reflect upon the evolving themes
and principles of the discipline. This third volume of Kritika
again brings together leading scholars from different fields and
disciplines. Their essays reflect on some of the big problems in
the field, addressing issues such as the way that institutions like
WIPO continue with their propertization missions, how the bells of
lobbyists toll incessantly for new data rights, and the ways in
which discourses of human rights and information justice struggle
to turn intellectual property from an instrument of private
accumulation into one of service for the common good. Important
questions in the field are also tackled, for example, how does the
Islamic view of knowledge as life cohere with intellectual
property, at a time when, as other essays show, intellectual
property grounds new forms of state imperium? With contributions
from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El
Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona
Macmillan
The fields of intellectual property have broadened and deepened in
so many ways that commentators struggle to keep up with the
ceaseless rush of developments and hot topics. Kritika: Essays on
Intellectual Property is a series that is designed to help authors
escape this rush. It creates a forum for authors who wish to more
deeply question, investigate and reflect upon the evolving themes
and principles of the discipline. Bringing together leading experts
in intellectual property, this fourth volume of Kritika tackles
head on the most pressing legal issues that lie at the heart of the
contemporary marketplace. The topics in this volume include the
possible futures of IP; the challenges that the information age
poses for rational code design and the protection of social
interests; the changing purpose of unfair competition law; the
Durkheimian basis for a more socially inclusive form of IP; the
reality of IP on the legal streets of Brazil; the shortfalls of
intellectual property as dominium and the issue of rights to
machine-generated and automated data. With contributions from:
Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Severine
Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and
Hans-Wolfgang Micklitz
Are intellectual property rights like other property rights? More
and more of the world's knowledge and information is under the
control of intellectual property owners. What are the
justifications for this? What are the implications for power and
for justice of allowing this property form to range across social
life? Can we look to traditional property theory to supply the
answers or do we need a new approach? Intellectual property rights
relate to abstract objects - objects like algorithms and DNA
sequences. The consequences of creating property rights in such
objects are far reaching. A Philosophy of Intellectual Property
argues that lying at the heart of intellectual property are
duty-bearing privileges. We should adopt an instrumentalist
approach to intellectual property and reject a proprietarian
approach - an approach which emphasizes the connection between
labour and property rights. The analysis draws on the history of
intellectual property, legal materials, the work of Grotius,
Pufendorf, Locke, Marx and Hegel, as well as economic, sociological
and legal theory. The book is designed to be accessible to
specialists in a number of fields as well as students. It will
interest philosophers, political scientists, economists, legal
scholars as well as those professionals concerned with policy
issues raised by modern technologies and the information society.
Are intellectual property rights like other property rights? More
and more of the world's knowledge and information is under the
control of intellectual property owners. What are the
justifications for this? What are the implications for power and
for justice of allowing this property form to range across social
life? Can we look to traditional property theory to supply the
answers or do we need a new approach? Intellectual property rights
relate to abstract objects - objects like algorithms and DNA
sequences. The consequences of creating property rights in such
objects are far reaching. A Philosophy of Intellectual Property
argues that lying at the heart of intellectual property are
duty-bearing privileges. We should adopt an instrumentalist
approach to intellectual property and reject a proprietarian
approach - an approach which emphasizes the connection between
labour and property rights. The analysis draws on the history of
intellectual property, legal materials, the work of Grotius,
Pufendorf, Locke, Marx and Hegel, as well as economic, sociological
and legal theory. The book is designed to be accessible to
specialists in a number of fields as well as students. It will
interest philosophers, political scientists, economists, legal
scholars as well as those professionals concerned with policy
issues raised by modern technologies and the information society.
The fields of intellectual property have broadened and deepened in
so many ways that commentators struggle to keep up with the
ceaseless rush of developments and hot topics. Kritika: Essays on
Intellectual Property is a series that is designed to help authors
escape this rush. It creates a forum for authors who wish to more
deeply question, investigate and reflect upon the evolving themes
and principles of the discipline.With a view to setting in train a
process of emergent critical scholarship, this inaugural volume of
Kritika brings together leading scholars from the different fields
of the discipline, reflecting on the private regulatory power of
patents; the role of competition law in the search for the holy
grail of balance in IP; the fictions of patent law; the
anthropological relativism of IP; the historical transmission
processes behind the IP concept; the vanishing paradigm of
exclusivity in a digital environment; models of inclusive patents
serving open innovation; and the rhetoric behind the copyright
ratchet. Contributors: F.M. Abbott, S. Anderman, C.M. Correa, M.
Forsyth, A. Peukert, M. Ricolfi, G. Van Overwalle, P.K. Yu
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.
After colonization, indigenous people faced an extractive property
rights regime for both their land and knowledge. This book outlines
that regime, and how the symbolic function of international
intellectual property continues today to assist states to enclose
indigenous peoples' knowledge. Drawing on more than 200 interviews,
Peter Drahos examines the response of indigenous people to the
colonizer's non-developmental property rights. The case studies
reveal how they have adapted to the state's extractive order
through a process of regulatory bricolage. In order to create a new
developmental future for themselves, indigenous developmental
networks have been forged - high trust networks that include
partnerships with science. Intellectual Property, Indigenous People
and their Knowledge argues for a developmental intellectual
property order for indigenous people based on a combination of
simple rules, principles and a process of regulatory convening.
The patent has emerged as a dominant force in 21st century economic
policy. This book examines the impact of the BRICS and other
emerging economies on the global patent framework and charts the
phenomenal rise in the number of patents in some of these
countries.Guided by three of the world's leading thinkers on patent
law and development, a group of experts from around the world,
including the BRICS and key developed country patent powers,
examine critical issues raised by patent globalization. Is
increasing use of the patent system in China, India, Brazil and
other emerging markets part of a deeper change in world
technological leadership? Do the established patent powers of
Europe, Japan and the USA continue to lead regulatory development
of patent systems or are new models being formed in emerging
markets? What are the effects of patent globalization on regions
like the Middle East, Africa and lower income areas of Asia?
Through the answers to these questions, the reader is furnished
with a rounded understanding of 21st century patent globalization
and emerging market dynamics. This book will appeal to patent law
specialists, as well as scholars interested in the intersection
between patents, innovation and economic development. In
particular, the in-depth analysis would also be useful for policy
analysts within government or research institutes working on patent
policy issues. Contributors include: F.M. Abbott, D. Borges
Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl
Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T.
Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A.
Vawda, H. Zhang, W. Zhuang
The patent has emerged as a dominant force in 21st century economic
policy. This book examines the impact of the BRICS and other
emerging economies on the global patent framework and charts the
phenomenal rise in the number of patents in some of these
countries.Guided by three of the world's leading thinkers on patent
law and development, a group of experts from around the world,
including the BRICS and key developed country patent powers,
examine critical issues raised by patent globalization. Is
increasing use of the patent system in China, India, Brazil and
other emerging markets part of a deeper change in world
technological leadership? Do the established patent powers of
Europe, Japan and the USA continue to lead regulatory development
of patent systems or are new models being formed in emerging
markets? What are the effects of patent globalization on regions
like the Middle East, Africa and lower income areas of Asia?
Through the answers to these questions, the reader is furnished
with a rounded understanding of 21st century patent globalization
and emerging market dynamics. This book will appeal to patent law
specialists, as well as scholars interested in the intersection
between patents, innovation and economic development. In
particular, the in-depth analysis would also be useful for policy
analysts within government or research institutes working on patent
policy issues. Contributors include: F.M. Abbott, D. Borges
Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl
Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T.
Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A.
Vawda, H. Zhang, W. Zhuang
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.
After colonization, indigenous people faced an extractive property
rights regime for both their land and knowledge. This book outlines
that regime, and how the symbolic function of international
intellectual property continues today to assist states to enclose
indigenous peoples' knowledge. Drawing on more than 200 interviews,
Peter Drahos examines the response of indigenous people to the
colonizer's non-developmental property rights. The case studies
reveal how they have adapted to the state's extractive order
through a process of regulatory bricolage. In order to create a new
developmental future for themselves, indigenous developmental
networks have been forged - high trust networks that include
partnerships with science. Intellectual Property, Indigenous People
and their Knowledge argues for a developmental intellectual
property order for indigenous people based on a combination of
simple rules, principles and a process of regulatory convening.
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.
How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.
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.
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