A Defense Of Intellectual Property Rights

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A Defense Of Intellectual Property Rights

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Author : Richard A. Spinello
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01

A Defense Of Intellectual Property Rights written by Richard A. Spinello and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.

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.

Patents For Power

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Author : Robert M. Farley
language : en
Publisher: University of Chicago Press
Release Date : 2020-10-30

Patents For Power written by Robert M. Farley and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.

In an era when knowledge can travel with astonishing speed, the need for analysis of intellectual property (IP) law—and its focus on patents, trade secrets, trademarks, and issues of copyright—has never been greater. But as Robert M. Farley and Davida H. Isaacs stress in Patents for Power, we have long overlooked critical ties between IP law and one area of worldwide concern: military technology. This deft blend of case studies, theoretical analyses, and policy advice reveals the fundamental role of IP law in shaping how states create and transmit defense equipment and weaponry. The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.

Justifying Intellectual Property

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Author : Robert P. Merges
language : en
Publisher: Harvard University Press
Release Date : 2011-06-13

Justifying Intellectual Property written by Robert P. Merges and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.

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.

Intellectual Property And Information Control

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Author : Adam Moore
language : en
Publisher: Routledge
Release Date : 2017-09-04

Intellectual Property And Information Control written by Adam Moore and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Law categories.

Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, Intellectual Property and Information Control provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.

The Oxford Handbook Of Intellectual Property Law

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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018

The Oxford Handbook Of Intellectual Property Law written by Rochelle Cooper Dreyfuss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

The Enforcement Of Intellectual Property Rights A Case Book

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Author : L.T.C. Harms
language : en
Publisher: WIPO
Release Date : 2012

The Enforcement Of Intellectual Property Rights A Case Book written by L.T.C. Harms and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.

With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.

International Intellectual Property

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Author : Daniel J. Gervais
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-01-30

International Intellectual Property written by Daniel J. Gervais and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-30 with Law categories.

International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex

The Cultural Production Of Intellectual Property Rights

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Author : Sean Johnson Andrews
language : en
Publisher: Temple University Press
Release Date : 2019-02-22

The Cultural Production Of Intellectual Property Rights written by Sean Johnson Andrews and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-22 with Law categories.

This book looks at questions of intellectual property rights (IPR) -- historically, culturally, and politically -- and their relationship to law and the state. Arguing that the idea that intellectual property is another kind of property right (that is, that IP is a thing to be owned) exists in parallel with the idea that intellectual property is the consequence of a cultural process, Andrews discusses intellectual property rights within the context of cultural studies, treating them as an object through which intersecting cultural and political issues can be understood.?

To Steal A Book Is An Elegant Offense

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Author : William P. Alford
language : en
Publisher: Stanford University Press
Release Date : 1995

To Steal A Book Is An Elegant Offense written by William P. Alford and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.

This sweeping study examines the law of intellectual property in Chinese civilization from imperial days to the present. It uses materials drawn from law, the arts and other fields as well as extensive interviews with Chinese and foreign officials, business people, lawyers, and perpetrators and victims of "piracy."

Antitrust Law And Intellectual Property Rights

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Author : Christopher R. Leslie
language : en
Publisher:
Release Date : 2011

Antitrust Law And Intellectual Property Rights written by Christopher R. Leslie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.

In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.