Working Within The Boundaries Of Intellectual Property
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Working Within The Boundaries Of Intellectual Property
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Author : Rochelle C. Dreyfuss
language : en
Publisher: OUP Oxford
Release Date : 2010-03-04
Working Within The Boundaries Of Intellectual Property written by Rochelle C. Dreyfuss and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-04 with Law categories.
This is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, (OUP), 2001. Since then, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created.
Expanding The Boundaries Of Intellectual Property
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press on Demand
Release Date : 2001
Expanding The Boundaries Of Intellectual Property written by Rochelle Cooper Dreyfuss and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Language Arts & Disciplines categories.
This book focuses on the question of how much control innovators should be given over their works. The first parts examine the trend to increase control: first, by expanding the scope of intellectual property rights to add new subject matter; secondly, through increasing transactionalautonomy. The former issue represents the key concerns of the intellectual property community; the latter issue is currently before both state and national legislatures.The question that these groups are debating is the subject of the next part: whether strong intellectual property rights, coupled with a high degree of transactional autonomy, promote innovation or chill interchange. One view is that the current legal regime should not be altered because itrepresents the right balance between the needs of information producers and the requirements of users. The contrary view is that stronger rights would allow potential collaborators to find one another, bargain for beneficial exchanges, and reallocate rights. The final sections explore the bases inconstitutions, laws, and treaties for protecting the public domain. Four judges from the US federal courts and the UK high court then debate the practicalities of the frameworks proposed.
Intellectual Property
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Author : Stephen M. McJohn
language : en
Publisher: Aspen Publishers
Release Date : 2012
Intellectual Property written by Stephen M. McJohn and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Copyright categories.
Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete examples and explanations that help reinforce and give substance to the key rules and concepts in intellectual property law. Its flexible organization lets students move freely between topics that range from copyrights, to patents, trademarks and trade secrets. Keyed to all major IP survey courses and using compelling examples, Intellectual Property: Examples & Explanations is a straightforward guide that gives students a solid grounding in this dynamic area of law. The Fourth Edition has been substantially updated to include new case law, explanations and examples across a wide variety of intellectual property issues. Several new Supreme Court cases have been added to the section on patents; the copyright section now includes constitutional limits on the scope of copyright legislation and multiple cases on the boundaries of fair use and the extent of moral rights of artists; new material on limits on trademark protections, ISP liability and cybersquatting are included in the section on trademarks; and new issues defining trade secrets in the Internet Age round out the Fourth Edition. Hallmark features: * Complete coverage of core topics in intellectual property * Keyed to the major IP survey casebooks, with enough examples to reinforce any gaps in the text coverage. * Proven Examples & Explanations pedagogy helps reinforce key rules and concepts. * Focuses on the fundamentals, concentrating on basic rules and concepts and avoiding more sophisticated, specialized topics. * Flexible organization adapts to any course structure and allows students to work independently, brushing up on specific topics as needed. The Fourth Edition has been substantially updated with the following new material: * Copyright: * Constitutional limits on the scope of copyright legislation. * Extent of moral rights of artists. * Multiple cases on the boundaries of fair use; licensing issues; work made for hire in the startup company context; rights of buyers of copyrighted products and services, limits on digital rights management systems. * New Patent law: * Several Supreme Court cases, including patentability of business methods, software, and genes; ownership of university inventions; standards for invalidating patents; standard for secondary liability. * Other cases on liability for inaccurately marking a product as patented and scope of patent protection for biotech inventions. * Coverage of 2011 revision of patent statute by America Invents Act * Trademark: * Limits on trademark protection for functional items. * ISP liability for customers' trademark infringement.
Intellectual Property Excesses
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Author : Enrico Bonadio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Intellectual Property Excesses written by Enrico Bonadio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
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.
Intellectual Property At The Boundary
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Author : Katherine J. Strandburg
language : en
Publisher:
Release Date : 2016
Intellectual Property At The Boundary written by Katherine J. Strandburg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Significant creative work -- both commercial and noncommercial -- is organized neither by market transactions using legally defined intellectual property nor by top-down task management within firms, but by privately ordered governance regimes, such as user innovator communities. Some creative groups opt for such regimes even though IP protection is legally and practically available. This chapter argues that are general reasons to expect private ordering to be more effective than formal intellectual property at encouraging innovation in some situations. It then focuses on issues that arise when these alternative innovation regimes butt up against the intellectual property-based market. What occurs in these boundary zones is critical to the stability of the privately ordered innovation governance regimes, to the transfer of socially valuable innovations between creative groups and outsiders and to the potential for collaboration across these boundaries. Except in the case of university technology transfer, the boundaries between privately ordered innovation regimes and the intellectual property-based market have yet to receive much attention from researchers.
Who Owns Academic Work
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Author : Corynne McSherry
language : en
Publisher: Harvard University Press
Release Date : 2003-10-15
Who Owns Academic Work written by Corynne McSherry 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 2003-10-15 with Law categories.
Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work--and academic freedom--are now being reframed as private intellectual property. Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.
Intellectual Property Human Rights And Competition
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Author : Abbe Elizabeth Lockhart Brown
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Intellectual Property Human Rights And Competition written by Abbe Elizabeth Lockhart Brown 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 2012-01-01 with Law categories.
ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.
Intellectual Property Rights In A Fair World Trade System
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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Intellectual Property Rights In A Fair World Trade System written by Annette Kur 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 2011-01-01 with Law categories.
Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.
Intellectual Property Unfair Competition And Publicity
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Author : Nari Lee
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-04-25
Intellectual Property Unfair Competition And Publicity written by Nari Lee 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 2014-04-25 with Law categories.
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
No Trespassing
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Author : Eva Hemmungs Wirtén
language : en
Publisher: University of Toronto Press
Release Date : 2004-01-01
No Trespassing written by Eva Hemmungs Wirtén and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Literary Criticism categories.
In this scholarly yet highly accessible work, Eva Hemmungs Wirtén traces three main themes within the scope of cultural ownership: authorship as one of the basic features of print culture, the use of intellectual property rights as a privileged instrument of control, and finally globalization as a pre-condition under which both operate. Underwritten by rapid technological change and increased global interdependence, intellectual property rights are designed to protect a production that is no longer industrial, but informational. No Trespassing tells the story of a century of profound change in cultural ownership. It begins with late nineteenth-century Europe, exploring cultural ownership in a number of settings across both spatial and temporal divides, and concludes in today's global, knowledge-based society. Wirtén takes an interdisciplinary and international approach, using a wide array of material from court cases to novels for her purposes. From Victor Hugo and the 1886 Berne Convention, to the translation of Peter Høeg's bestseller Smilla's Sense of Snow, Wirtén charts a history of Intellectual property rights and regulations. She addresses the relationship between author and translator, looks at the challenges to intellectual property by the arrival of the photocopier, takes into account the media conglomerate's search for content as a key asset since the 1960s, and considers how a Western legal framework interacts with attempts to protect traditional knowledge and folklore. No Trespassing is essential reading for all who care about culture and the future regulatory structures of access to it.