An Emerging Intellectual Property Paradigm

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An Emerging Intellectual Property Paradigm

Author : Ysolde Gendreau
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 49,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848445024

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An Emerging Intellectual Property Paradigm by Ysolde Gendreau Pdf

An Emerging Intellectual Property Paradigm is a definitive guide to the creative, cosmopolitan, cool-headed, and compassionate jurisprudence of Canadian intellectual property law. This volume shows that Canadian intellectual property law is an eclectic blend of British, French, and American legal traditions. After a pattern of resistance and accommodation, the legal system has internalised a variety of foreign influences. This collection explores the unique innovations of Canadian intellectual property law such as its pioneering development of moral rights; the robust Copyright Board of Canada; and the Jean Chretien Pledge to Africa Act. Canadian intellectual property law has much to teach the rest of the world forging a Middle Way between the extremes of intellectual property maximalism and free-for-all piracy and counterfeiting. Matthew Rimmer, The Australian National University College of Law, Australia In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada s intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment. Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.

Intellectual Property and Emerging Technologies

Author : Matthew Rimmer,Alison McLennan
Publisher : Edward Elgar Publishing
Page : 499 pages
File Size : 55,5 Mb
Release : 2012-01-01
Category : Technology & Engineering
ISBN : 9781781001189

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Intellectual Property and Emerging Technologies by Matthew Rimmer,Alison McLennan Pdf

This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.

New Frontiers in the Philosophy of Intellectual Property

Author : Annabelle Lever
Publisher : Cambridge University Press
Page : 361 pages
File Size : 40,8 Mb
Release : 2012-07-05
Category : Law
ISBN : 9781107009318

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New Frontiers in the Philosophy of Intellectual Property by Annabelle Lever Pdf

Examines the justification of patents, copyrights and trademarks in light of the political controversy over the TRIPS agreement.

Reconciling Copyright with Cumulative Creativity

Author : Giancarlo Frosio
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 44,6 Mb
Release : 2018
Category : Electronic
ISBN : 9781788114189

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Reconciling Copyright with Cumulative Creativity by Giancarlo Frosio Pdf

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.

Knowledge Management and Intellectual Property

Author : Stathis Arapostathis,Graham Dutfield
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 49,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857934390

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Knowledge Management and Intellectual Property by Stathis Arapostathis,Graham Dutfield Pdf

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.

Intellectual Property Perspectives on the Regulation of New Technologies

Author : Tana Pistorius
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,5 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781786436382

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Intellectual Property Perspectives on the Regulation of New Technologies by Tana Pistorius Pdf

This book explores the challenges that emerging technologies and technology driven practices pose for traditional notions of intellectual property (IP) law and policy. Chapters offer perspectives from across the IP law spectrum and address questions such as; is the law evolving in the right direction and is the regulation of emerging technology supported by sound policy objectives? Covering a diverse range of topics, this book exposes the intimate relationship between IP and technology.

Research Handbook on the Economics of Intellectual Property Law

Author : Ben Depoorter,Peter Menell,David Schwartz
Publisher : Edward Elgar Publishing
Page : 1504 pages
File Size : 45,5 Mb
Release : 2019
Category : Law
ISBN : 9781789903997

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Research Handbook on the Economics of Intellectual Property Law by Ben Depoorter,Peter Menell,David Schwartz Pdf

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.

Global Governance of Intellectual Property in the 21st Century

Author : Mark Perry
Publisher : Springer
Page : 254 pages
File Size : 45,7 Mb
Release : 2016-05-24
Category : Law
ISBN : 9783319311777

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Global Governance of Intellectual Property in the 21st Century by Mark Perry Pdf

This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.

Biotechnology and Intellectual Property Rights

Author : Kshitij Kumar Singh
Publisher : Springer
Page : 254 pages
File Size : 43,6 Mb
Release : 2014-10-27
Category : Law
ISBN : 9788132220596

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Biotechnology and Intellectual Property Rights by Kshitij Kumar Singh Pdf

This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

Intellectual Property and the Law of Nations, 1860-1920

Author : Anonim
Publisher : BRILL
Page : 440 pages
File Size : 48,7 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004511439

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Intellectual Property and the Law of Nations, 1860-1920 by Anonim Pdf

This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.

Rethinking Intellectual Property

Author : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 50,5 Mb
Release : 2018-01-26
Category : Law
ISBN : 9781783478019

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Rethinking Intellectual Property by Gustavo Ghidini Pdf

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Intellectual Property Law and Access to Medicines

Author : Srividhya Ragavan,Amaka Vanni
Publisher : Routledge
Page : 522 pages
File Size : 52,8 Mb
Release : 2021-07-28
Category : Law
ISBN : 9781000398700

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Intellectual Property Law and Access to Medicines by Srividhya Ragavan,Amaka Vanni Pdf

The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.

Intellectual Property Law and History

Author : Steven Wilf
Publisher : Routledge
Page : 552 pages
File Size : 51,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562652

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Intellectual Property Law and History by Steven Wilf Pdf

Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

Landmark Cases in Intellectual Property Law

Author : Jose Bellido
Publisher : Bloomsbury Publishing
Page : 401 pages
File Size : 41,6 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781509904679

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Landmark Cases in Intellectual Property Law by Jose Bellido Pdf

This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.

International Intellectual Property Law and Human Security

Author : Robin Ramcharan
Publisher : Springer Science & Business Media
Page : 329 pages
File Size : 50,7 Mb
Release : 2012-11-27
Category : Law
ISBN : 9789067049009

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International Intellectual Property Law and Human Security by Robin Ramcharan Pdf

This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.