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Intellectual Property Excesses by Aislinn O'Connell,Enrico Bonadio Pdf
"This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes. From individuals being sued for hundreds of thousands of dollars for sharing a playlist, to sports spectators being arrested for wearing the 'wrong' dresses, passing through granting patents for essentially biological processes and trademark protection of merely descriptive signs, this book brings together a broad range of examples from across the IP spectrum where protection and enforcement have been used or threatened on unreasonable and/or untenable grounds. The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to 'hate' IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom. This is not, therefore, a book against IP, it is instead a call for change and an attempt to 'save' IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism."--
Intellectual Property Excesses by Enrico Bonadio,Aislinn O’Connell Pdf
This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes. From individuals being sued for hundreds of thousands of dollars for sharing a playlist, to sports spectators being arrested for wearing the 'wrong' dresses, passing through granting patents for inventions obtained by misappropriating traditional knowledge, and trademark protection of merely descriptive signs, this book brings together a broad range of examples from across the IP spectrum where protection and enforcement have been used or threatened on unreasonable and/or untenable grounds. The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to 'hate' IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom. This is not, therefore, a book against IP, it is instead a call for change and an attempt to 'save' IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism. The book includes a foreword by Jason Mazzone, Albert E Jenner Jr Professor of Law at the University of Illinois, USA.
Guide to Intellectual Property by The Economist,Stephen Johnson Pdf
Intellectual Property (IP) is often a company’s single most valuable asset. And yet IP is hard to value, widely misunderstood and frequently under-exploited. IP accounts for an estimated $5trn of GDP in the US alone. It covers patents, trademarks, domain names, copyrights, designs and trade secrets. Unsurprisingly, companies zealously guard their own ideas and challenge the IP of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex, and the business, financial and legal issues around it are difficult to navigate. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP – as demonstrated in the pharmaceutical industry’s battle with generic drugs. This comprehensive guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, pose the right questions to their advisers and maximize the value from this crucial intangible asset.
Intellectual Property Law in Africa by Caroline B. Ncube Pdf
Examining the harmonisation of Intellectual Property policy, law and administration in Africa, this book evaluates the effectiveness of efforts to establish continental Intellectual Property institutions and frameworks. It also considers sub-regional initiatives led by the regional economic communities and the regional Intellectual Property organisations, focusing on relevant protocols and agreements that address Intellectual Property as well as the implementing institutions. The book assesses the progress of such initiatives with particular reference to the current socio-economic status of African states. It argues that that harmonisation initiatives need to be crafted in a way that is supportive of the developmental goals of African states and advocates for due consideration of individual states’ unique conditions and aspirations. This book will be of great relevance to scholars and policy makers with an interest in Intellectual Property law and its harmonisation in Africa.
A Defense of Intellectual Property Rights by Richard A. Spinello Pdf
The book is well provided with detailed references/bibliography for those who want to pursue the matter. . . The authors have effected a very thorough analysis of the moral issues and the book is strongly recommended for that reason. . . Brian Spear, World Patent Information This book should change the contours of the intellectual property debate. Spinello and Bottis fully appreciate what the standard instrumentalist accounts of intellectual property cannot even acknowledge that the lives and liberty of creators and artists are not the common property of society, and that it is intrinsically wrong to treat the efforts and projects of individuals as if they were unowned resources reaped as the fruit of the earth. Their work should help to reorient discussion of IP from an excessive concern with the economic and social consequences of competing policies back to the bedrock issues of basic respect for the integrity of our various particular lives and the labor that constitutes those lives. At the same time, they studiously avoid the unserious extremism that characterizes so much of the debate on every side, recognizing that respecting the lives and liberty of all sets real boundaries on the proper scope and stringency of IP claims, ruling out overzealous enforcement and radical repudiation alike. Richard Volkman, Southern Connecticut State University and Research Center on Computing and Society, US Since the rise of the Internet the question of intellectual property has been and still is one of the most controversial societal and ethical issues. The new global, interactive and bottom-up medium challenges moral, legal and economic structures not only in the music and film industry but also in the field of knowledge production, storage, distribution and access. The academic debate soon became and is still polarized between critics and defenders of IPR. The book by Richard A. Spinello and Maria Bottis A Defense of Intellectual Property Rights analyses in a critical and comprehensive manner some of the dogmas widely spread by the critics of IPR paying special attention to the differences between EU and European legal regimes. The authors explore the foundations of IP in Lockean philosophy, as a representative of a natural law approach, as well as in the theories of Fichte and Hegel based on deontological arguments. Both perspectives prevail in European law while American property law is widely based on utilitarian arguments. The authors argue in favor of Lockean and Hegelian foundations showing their relevance in the present debate as well as calling the attention to the link between these theories and the Catholic social doctrine. The book is an important contribution to this ongoing debate. Rafael Capurro, Stuttgart Media University, Germany Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.
National Research Council,Commission on Physical Sciences, Mathematics, and Applications,Computer Science and Telecommunications Board,Committee on Intellectual Property Rights and the Emerging Information Infrastructure
Author : National Research Council,Commission on Physical Sciences, Mathematics, and Applications,Computer Science and Telecommunications Board,Committee on Intellectual Property Rights and the Emerging Information Infrastructure Publisher : National Academies Press Page : 368 pages File Size : 44,5 Mb Release : 2000-02-24 Category : Law ISBN : 0309064996
The Digital Dilemma by National Research Council,Commission on Physical Sciences, Mathematics, and Applications,Computer Science and Telecommunications Board,Committee on Intellectual Property Rights and the Emerging Information Infrastructure Pdf
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
Overlapping Intellectual Property Rights by Neil Wilkof,Shamnad Basheer Pdf
Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
THE HANDBOOK OF BUSINESS VALUATION AND INTELLECTUAL PROPERTY ANALYSIS by Robert F. Reilly,Robert Schweihs Pdf
As well as covering traditional valuation issues, this book also seeks to address the complexities associated with measuring the value of intangible assets in a practical context. Provides information on key aspects of business and intellectual property valuation, economic damages analysis, and intercompany transfer price analysis.
Justifying Intellectual Property by Robert P. Merges Pdf
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
This book describes how corporate powers have erected a rapacious system of intellectual property rights to confiscate the benefits of creativity in science and culture. This legal system threatens to derail both economic and scientific progress, while disrupting society and threatening personal freedom. Perelman argues that the natural outcome of this system is a world of excessive litigation, intrusive violations of privacy, the destruction system of higher education, interference with scientific research, and a lopsided distribution of income.
