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Author: Steven Ang
Publisher: Edward Elgar Publishing
ISBN: 1782546685
Category : Law
Languages : en
Pages : 334
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Book Description
In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo
Author: Steven Ang
Publisher: Edward Elgar Publishing
ISBN: 1782546685
Category : Law
Languages : en
Pages : 334
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Book Description
In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457
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Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author: Ysolde Gendreau
Publisher: Edward Elgar Publishing
ISBN: 1789904870
Category : Law
Languages : en
Pages : 583
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Book Description
This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.
Author: William M. LANDES
Publisher: Harvard University Press
ISBN: 0674039912
Category : Law
Languages : en
Pages : 449
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Book Description
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Author: Irene Calboli
Publisher: Oxford University Press
ISBN: 0198826745
Category : Law
Languages : en
Pages : 913
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Book Description
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Author: Peter Drahos
Publisher: Routledge
ISBN: 1351962086
Category : Law
Languages : en
Pages : 383
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Book Description
Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
Author: Mira T. Sundara Rajan
Publisher: Oxford University Press, USA
ISBN: 0195390318
Category : Law
Languages : en
Pages : 572
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Book Description
Moral Rights: Principles, Practice and New Technology addresses the role and challenges of moral rights in the environment of digital technology from both practical and theoretical channels, including examples drawn from the legislation and practice of key jurisdictions around the world.
Author: Hans Morten Haugen
Publisher: BRILL
ISBN: 9004161848
Category : Political Science
Languages : en
Pages : 519
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Book Description
This volume analyses relationships between patent rights and human rights, focusing on the right to food. Whether the TRIPS Agreement and the International Covenant on Economic, Social and Cultural Rights actually conflict, is analyzed through different techniques of assessing treaty conflict.
Author: Annabelle Lever
Publisher: Cambridge University Press
ISBN: 9781107416895
Category : Law
Languages : en
Pages : 0
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Book Description
Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to life-saving 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.
Author: Kung-Chung Liu
Publisher: Springer
ISBN: 9811004064
Category : Law
Languages : en
Pages : 230
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Book Description
This book examines the two most populous nations on earth – India and China – in an effort to demystify the interaction between intellectual property rights (IPR) regimes, innovation and economic growth by critically looking at the economic and legal realities. In addition, it analyzes the question of how innovation can best be transformed into IPR, and how IPR can best be exploited to encourage innovation. Comparing and contrasting these two giant nations can be highly beneficial as China and India were the two fastest-growing economies in the last three decades, and together their populations make up one third of the world’s total population; as such, exploring how to sustain their growth via innovation and commercialization of IPR could have a tremendous positive impact on global well-being. While a study of these two mega countries with such diverse dimensions and magnitudes can never be truly comprehensive, this joint effort by scholars from law, business management and economics disciplines that pursues an empirical approach makes a valuable contribution. Divided into three parts, the first offers an in-depth doctrinal and empirical analysis. The second part exclusively focuses on India, while the last is dedicated to China.
