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Intellectual Property and Information Wealth

Intellectual Property and Information Wealth

Author: Peter K. Yu

Publisher: Greenwood Publishing Group

ISBN: 0275988848

Category: Copyright

Page: 518

View: 222

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A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.

International Intellectual Property

International Intellectual Property

Author: Daniel J. Gervais

Publisher: Edward Elgar Publishing

ISBN: 9781782544807

Category: Law

Page: 512

View: 242

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International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex

Intellectual Property and the Judiciary

Intellectual Property and the Judiciary

Author: Christophe Geiger

Publisher: Edward Elgar Publishing

ISBN: 9781788113083

Category: Law

Page:

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Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.

Intellectual Property, Human Rights and Competition

Intellectual Property, Human Rights and Competition

Author: Abbe Elizabeth Lockhart Brown

Publisher: Edward Elgar Publishing

ISBN: 9780857934970

Category: Law

Page: 236

View: 725

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ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Intellectual Property, Growth and Trade

Intellectual Property, Growth and Trade

Author: Keith E. Maskus

Publisher: Emerald Group Publishing

ISBN: 9781849505390

Category: Business & Economics

Page: 782

View: 697

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Offers comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. This book covers such questions as policy coordination in IPR, dispute resolution, and markets for technology and technology transfer.

Research Handbook on Intellectual Property and Climate Change

Research Handbook on Intellectual Property and Climate Change

Author: Joshua D. Sarnoff

Publisher: Edward Elgar Publishing

ISBN: 9781784719463

Category: LAW

Page: 568

View: 822

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Written by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade. The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyse the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Author: Thorsten Käseberg

Publisher: Bloomsbury Publishing

ISBN: 9781847319579

Category: Law

Page: 330

View: 606

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For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Framing Intellectual Property Law in the 21st Century

Framing Intellectual Property Law in the 21st Century

Author: Rochelle Cooper Dreyfuss

Publisher: Cambridge University Press

ISBN: 9781107135383

Category: Business & Economics

Page: 373

View: 235

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The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

New Frontiers in the Philosophy of Intellectual Property

New Frontiers in the Philosophy of Intellectual Property

Author: Annabelle Lever

Publisher: Cambridge University Press

ISBN: 9781139536424

Category: Law

Page:

View: 818

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Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to lifesaving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.

Making and Unmaking Intellectual Property

Making and Unmaking Intellectual Property

Author: Mario Biagioli

Publisher: University of Chicago Press

ISBN: 9780226907093

Category: History

Page: 476

View: 340

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This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade.