Individualism And Collectiveness In Intellectual Property Law
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Individualism And Collectiveness In Intellectual Property Law
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Author : Jan Rosén
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
Individualism And Collectiveness In Intellectual Property Law written by Jan Rosén 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 2012 with Law categories.
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
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Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
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.
The Real Culture War
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Author : Gerard Michael Emershaw
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2014-09-07
The Real Culture War written by Gerard Michael Emershaw and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-07 with Collectivism categories.
In his book Culture Warrior, Bill O'Reilly--the host of the Fox News Channel show "The O'Reilly Factor"--incorrectly characterizes the Culture War as a social, political, and intellectual struggle between "traditionalists" and "secular-progressives." THE REAL CULTURE WAR analyzes, dissects, and discredits Bill O'Reilly's conception of the Culture War and argues that he gets it all wrong. His "traditionalism" and "secular-progressivism" are merely two heads of the same collectivist beast. THE REAL CULTURE WAR pits Individualism versus Collectivism. Individualism states that human beings have intrinsic value and possess the natural rights to life, liberty, and property. This view was held by the Founding Fathers. Collectivism states that human beings only have value in virtue of their relationship to the collective. This view was held by the "Philosopher-Kings" (PKs)--tyrannical leaders who view themselves as enlightened and exempt themselves from the draconian laws they force upon others. PKs discussed in THE REAL CULTURE WAR include Mussolini, Hitler, Stalin, and Mao as well as American leaders Theodore Roosevelt, Woodrow Wilson, Herbert Hoover, Franklin D. Roosevelt, Al Gore, George W. Bush, and Barack Obama. The intellectual, historical, and empirical foundations of Individualism and Collectivism are examined, and it is argued that logic and reason establish that Individualism is the superior worldview because Individualism naturally leads to peace, prosperity, and freedom whereas Collectivism invariably leads to war, poverty, and tyranny. Specific formulations of Collectivism--Communism, Fascism/Nazism, Progressivism, Environmentalism, Neoconservatism, Racism, Religionism, Corporatism, and Labor Unionism--are fully exposed and critiqued. Next, an alternate conception of government in the form of the Individualist State is developed and defended while building the "Night-Watchman State" from first principles. Within this "Minarchist State" is a system of taxation which provides a justifiable connection between the tax paid by the people in order to maintain the State whose duty it is to defend the natural rights of the people. These natural rights--life, liberty, and property--are each examined in depth and controversial issues related to them are analyzed fully in order to present philosophically sound solutions. Additionally, the structure and functions of the three branches of government--Executive, Legislative, and Judicial--of the Individualist State are explained, and it is demonstrated that the form of government written into the Constitution is a "Night-Watchman State" similar to the Individualist State. Later, modern threats to Individualism--the economic tyranny of the Federal Reserve, the globalism of the New World Order, and the collectivist Neo-Progressivism of President Barack Obama--within the United States are described in detail. Finally, a five-step plan of action is revealed for what individualists can do to win the Real Culture War.
Understanding And Profiting From Intellectual Property
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Author : D. Yang
language : en
Publisher: Springer
Release Date : 2012-12-04
Understanding And Profiting From Intellectual Property written by D. Yang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-04 with Business & Economics categories.
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
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Author : Graeme B. Dinwoodie
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-11-29
Methods And Perspectives In Intellectual Property written by Graeme B. Dinwoodie 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 2013-11-29 with Law categories.
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.
Intellectual Property And Human Rights
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Author : F. W. Grosheide
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Intellectual Property And Human Rights written by F. W. Grosheide 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 2010-01-01 with Political Science categories.
. . . 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.
Kritika Essays On Intellectual Property
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Author : Peter Drahos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Kritika Essays On Intellectual Property written by Peter Drahos 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 2015-09-25 with LAW categories.
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.
Eu Copyright Law
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Author : Irini Stamatoudi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-03-26
Eu Copyright Law written by Irini Stamatoudi 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 2021-03-26 with Law categories.
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.
Ethical Human Rights
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Author : ANTHONY RAVLICH
language : en
Publisher: American Academic Press
Release Date : 2017-01-03
Ethical Human Rights written by ANTHONY RAVLICH and has been published by American Academic Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Social Science categories.
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.
Intellectual Property Theory And Practice
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Author : Wenwei Guan
language : en
Publisher: Springer
Release Date : 2014-07-03
Intellectual Property Theory And Practice written by Wenwei Guan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-03 with Law categories.
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