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Author : Anonim
Publisher : Unknown
Page : 62 pages
File Size : 48,9 Mb
Release : 1995
Category : Antitrust law
ISBN : OCLC:43974652
Author : Rochelle C. Dreyfuss,Diane L. Zimmerman,Harry First
Publisher : OUP Oxford
Page : 0 pages
File Size : 44,5 Mb
Release : 2010-03-04
Category : Law
ISBN : 0199573603
This is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, (OUP), 2001. Since then, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created.
Author : Graham Dutfield
Publisher : Earthscan
Page : 272 pages
File Size : 46,9 Mb
Release : 2010-09-23
Category : Law
ISBN : 9781849775847
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.
Author : F. W. Grosheide
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 41,7 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9781849802048
. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.
Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 44,8 Mb
Release : 2013-11-29
Category : Law
ISBN : 9781783470532
The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.
Author : Nari Lee,Guido Westkamp,Annette Kur,Ansgar Ohly
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 55,8 Mb
Release : 2014-04-25
Category : Law
ISBN : 9780857932624
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
Author : Paul Torremans
Publisher : Kluwer Law International B.V.
Page : 1005 pages
File Size : 53,6 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789403513140
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Author : Graham Dutfield,Uma Suthersanen
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 42,6 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781782548836
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.
Author : Alexandra George
Publisher : Routledge
Page : 620 pages
File Size : 49,9 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351933087
Intellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization's effects on intellectual property law's classic doctrines and rationales and the cultural effects of global intellectual propertization.
Author : BryanC. Mercurio
Publisher : Routledge
Page : 553 pages
File Size : 53,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351541183
International rules on trade in services and intellectual property arenew additions to the multilateral trading system, but both have played an important role in the system since their entry. Accompanied by a detailed introduction, this volume contains essays which cover not only the law and jurisprudence of these topics but also the underlying economics and politics behind their incorporation into the multilateral system and continued prominence. The volume provides readers with a comprehensive overview of the development of these controversial and increasingly important areas of international trade law.
Author : Christopher Arup,William van Caenegem
Publisher : Edward Elgar Publishing
Page : 333 pages
File Size : 44,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848449039
This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized. The original contributions illustrate how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and license specifications. Providing contemporary empirical studies and covering public administration, collective and open approaches, and regulation of private transactions, this comprehensive book will prove a stimulating read for academics and students of law, business and management and development studies. Government policy makers and regulators as well as IP managers and advocates will also find much to provoke thought.
Author : Keith E. Maskus,Jerome H. Reichman
Publisher : Cambridge University Press
Page : 952 pages
File Size : 41,8 Mb
Release : 2005-06-08
Category : Law
ISBN : 1139444336
Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.
Author : Emily Marden,R. Nelson Godfrey,Rachael Manion
Publisher : UBC Press
Page : 272 pages
File Size : 43,7 Mb
Release : 2016-03-06
Category : Law
ISBN : 9780774831819
Advances in agricultural genomics could help address pressing global issues such as world hunger. However, overlapping and inconsistent intellectual property and biosafety regimes – collectively referred to as the “Intellectual Property–Regulatory Complex” – create significant, and often conflicting, barriers to developing and commercializing new agricultural biotechnology. The authors of this collection explore how this Complex impacts innovation in ways that cannot be appreciated when individual regimes are examined in isolation. They then propose solutions that would meet the objectives of the current intellectual property and biosafety regimes while enabling innovation in the field of agricultural genomics.
Author : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 177 pages
File Size : 50,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781845429935
The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini s book is a fascinating trip through the system of IP laws. Beatriz Conde Gallego, Intellectual Property and Competition Law Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library International Economics and Judicial Studies reference collections. The Economics Shelf, Midwest Book Review . . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition. Mel Marquis, European Competition Law Review We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, author of Competition Policy in America and American Antitrust Institute, US This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective. Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law antitrust and unfair competition and within the overarching principle of free competition. The book traces the evolution of modern IP law, which it claims is marked heavily both by over-protectionist trends such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of innovation by competition , and competition by innovation , with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices. Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.
Author : Lior Zemer
Publisher : Routledge
Page : 179 pages
File Size : 42,9 Mb
Release : 2017-03-02
Category : Philosophy
ISBN : 9781351888011
As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.