Individualism And Collectiveness In Intellectual Property Law

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Individualism and Collectiveness in Intellectual Property Law

Author : Jan Rosén
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 40,6 Mb
Release : 2012
Category : Law
ISBN : 9780857939616

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Individualism and Collectiveness in Intellectual Property Law by Jan Rosén Pdf

This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.

Mechanisms to Enable Follow-On Innovation

Author : Alina Wernick
Publisher : Springer Nature
Page : 450 pages
File Size : 48,7 Mb
Release : 2021-05-13
Category : Law
ISBN : 9783030722579

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Mechanisms to Enable Follow-On Innovation by Alina Wernick Pdf

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Understanding and Profiting from Intellectual Property

Author : D. Yang
Publisher : Springer
Page : 313 pages
File Size : 50,9 Mb
Release : 2012-12-04
Category : Business & Economics
ISBN : 9781137094667

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Understanding and Profiting from Intellectual Property by D. Yang Pdf

A new look at the strategic and managerial issues surrounding intellectual property (IP) and international commercialization in the international market. An updated version which provides practitioners and analysts with guidelines and an action framework on how to benefit from IP.

Methods and Perspectives in Intellectual Property

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 49,7 Mb
Release : 2013-11-29
Category : Law
ISBN : 9781783470532

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Methods and Perspectives in Intellectual Property by Graeme B. Dinwoodie Pdf

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.

Kritika: Essays on Intellectual Property

Author : Peter Drahos,Gustavo Ghidini,Hanns Ullrich
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 44,7 Mb
Release : 2015-09-25
Category : LAW
ISBN : 9781784712068

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Kritika: Essays on Intellectual Property by Peter Drahos,Gustavo Ghidini,Hanns Ullrich Pdf

The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

A property right in self-expression

Author : Wendy J. Gordon
Publisher : Unknown
Page : 77 pages
File Size : 47,7 Mb
Release : 1993
Category : Intellectual property
ISBN : OCLC:1128136898

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A property right in self-expression by Wendy J. Gordon Pdf

EU Copyright Law

Author : Irini Stamatoudi,Paul Torremans
Publisher : Edward Elgar Publishing
Page : 1303 pages
File Size : 52,6 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781786437808

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EU Copyright Law by Irini Stamatoudi,Paul Torremans Pdf

This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

Originality and Intellectual Property in the French and English Enlightenment

Author : Reginald McGinnis
Publisher : Routledge
Page : 16 pages
File Size : 52,7 Mb
Release : 2013-10-17
Category : Literary Criticism
ISBN : 9781135024628

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Originality and Intellectual Property in the French and English Enlightenment by Reginald McGinnis Pdf

Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.

Intellectual Property Theory and Practice

Author : Wenwei Guan
Publisher : Springer
Page : 168 pages
File Size : 51,8 Mb
Release : 2014-07-03
Category : Law
ISBN : 9783642552656

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Intellectual Property Theory and Practice by Wenwei Guan Pdf

This book explains China’s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China’s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author’s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel’s property theories internalizes a theoretical paradox. “Professor Wenwei Guan’s treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China’s intellectual property protection system and the broader process of China’s international engagement.” – Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada “Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS’s ‘birth defect’ can be overcome and its evolution can be put back on the right track.” – Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University

Ethical Human Rights

Author : ANTHONY RAVLICH
Publisher : American Academic Press
Page : 304 pages
File Size : 48,5 Mb
Release : 2017-01-03
Category : Social Science
ISBN : 9781631818141

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Ethical Human Rights by ANTHONY RAVLICH Pdf

This book provides a new plan for the world - an ethical approach to human rights, development and globalization which is firmly based on the Universal Declaration of Human Rights and unlike the prevailing ideologies has no human rights omissions. In author’s view, so the considerable majority of State leaderships can avoid accountability many human rights are omitted from international law. But the author considers the UN and States cannot claim the Universal Declaration as its authority when it leaves out so many human rights which he describes as a UN ‘hidden’ collectivist agenda. On 10 December 2008 at the UN, and hidden behind a global iron curtain, neoliberal absolutism, was created to replace neoliberalism. Both ideologies are found to stem from the UN ‘hidden’ collectivist agenda and result in the gross neglect of many. In the author’s view, neoliberal absolutism resulted in a major rebalance of ideological and economic power from the West to the Rest. In addition, exploitation was permitted by omission under international law resulting in the global financial crisis in 2008. In the author’s view, the UN’s ‘hidden’ collectivist agenda constitutes a global crime against humanity and the West should and would be justified in boycotting the UN until it is removed.

Research Handbook on Intellectual Property and the Life Sciences

Author : Duncan Matthews,Herbert Zech
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 52,8 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781783479450

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Research Handbook on Intellectual Property and the Life Sciences by Duncan Matthews,Herbert Zech Pdf

Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.

Patent Law in Global Perspective

Author : Professor Ruth L. Okediji,Professor Margo A. Bagley
Publisher : Oxford University Press
Page : 400 pages
File Size : 49,5 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780199334285

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Patent Law in Global Perspective by Professor Ruth L. Okediji,Professor Margo A. Bagley Pdf

Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.

Meeting the Ethical Challenges of Leadership

Author : Craig E. Johnson
Publisher : SAGE Publications
Page : 873 pages
File Size : 54,7 Mb
Release : 2019-12-18
Category : Business & Economics
ISBN : 9781544351674

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Meeting the Ethical Challenges of Leadership by Craig E. Johnson Pdf

Ethics is at the heart of leadership. Leaders must make every effort to make ethical decisions and foster ethical behavior among followers. The Seventh Edition of Meeting the Ethical Challenges of Leadership: Casting Light or Shadow explores the ethical demands of leadership and the dark side of leadership. Bestselling author Craig E. Johnson takes an interdisciplinary approach, drawing from many fields of research to help readers make ethical decisions, lead with integrity, and create an ethical culture. Packed with dozens of real-world case studies, examples, self-assessments, and applications, this fully-updated new edition is designed to increase students’ ethical competence and leadership abilities. Included with this title: The password-protected Instructor Resource Site (formally known as SAGE Edge) offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides.

The Right to Employee Inventions in Patent Law

Author : Kazuhide Odaki
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 42,6 Mb
Release : 2018-10-18
Category : Law
ISBN : 9781509920327

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The Right to Employee Inventions in Patent Law by Kazuhide Odaki Pdf

Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.

Intellectual Property Ordering beyond Borders

Author : Henning Grosse Ruse-Khan,Axel Metzger
Publisher : Cambridge University Press
Page : 473 pages
File Size : 50,5 Mb
Release : 2022-10-13
Category : Law
ISBN : 9781009081160

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Intellectual Property Ordering beyond Borders by Henning Grosse Ruse-Khan,Axel Metzger Pdf

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.