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The Law and Economics of Intellectual Property in the Digital Age

The Law and Economics of Intellectual Property in the Digital Age Author Niva Elkin-Koren
ISBN-10 9781136249501
Release 2012-11-27
Pages 290
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.



Flexibility in Modern Business Law

Flexibility in Modern Business Law Author Mark Fenwick
ISBN-10 9784431557876
Release 2016-01-08
Pages 229
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This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.



Health Technologies and International Intellectual Property Law

Health Technologies and International Intellectual Property Law Author Phoebe Li
ISBN-10 9781135916770
Release 2013-12-17
Pages 256
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The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.



Intellectual Property Policy Law and Administration in Africa

Intellectual Property Policy  Law and Administration in Africa Author Caroline B. Ncube
ISBN-10 9781317589952
Release 2015-10-16
Pages 204
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.



A Politics of Patent Law

A Politics of Patent Law Author Kali Murray
ISBN-10 9781136225529
Release 2012-11-27
Pages 152
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There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations". A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law.



Biodiversity Genetic Resources and Intellectual Property

Biodiversity  Genetic Resources and Intellectual Property Author Kamalesh Adhikari
ISBN-10 9781351580335
Release 2018-03-09
Pages 262
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Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.



Intellectual Liberty

Intellectual Liberty Author Hugh Breakey
ISBN-10 9781317115069
Release 2016-05-23
Pages 186
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Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ’user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.



Domesticating Drones

Domesticating Drones Author Henry H Perritt, Jr
ISBN-10 9781317148357
Release 2016-09-13
Pages 416
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The public debate over civilian use of drones is intensifying. Variously called "unmanned aircraft systems", "unmanned aerial vehicles", "remotely piloted aircraft", or simply "drones", they are available for purchase by anyone for a few hundred to a few thousand dollars. They have strikingly useful capabilities. They can carry high-definition video cameras, infrared imaging equipment, sensors for aerial surveying and mapping. They can stream their video in real time. They have GPS, inertial guidance, magnetic compasses, altimeters, and sonic ground sensors that permit them to fly a preprogrammed flightplan, take off and land autonomously, hover and orbit autonomously with the flick of a switch on the DRone Operator’s ("DROPs") console. The benefits they can confer on law enforcement, journalism, land-use planning, real estate sales, critical infrastructure protection and environmental preservation activities are obvious. However, their proliferation in response to these demands will present substantial risks to aviation safety. How to ensure the safety of drone operations perplexes aviation regulators around the world. They are inexpensive consumer products, unsuited for traditional requirements for manned aircraft costing hundreds of thousands or millions of dollars and flown only by licensed pilots who have dedicated significant parts of their lives and their wealth to obtaining licenses. Regulatory agencies in Europe and Asia are ahead of US regulators in creating spaces for commercial use. Over the next several years, legal requirements must be crystallized, existing operators of helicopter and airplanes must refine their policy positions and their business plans to take the new technologies into account, and all businesses from the smallest entrepreneur to large conglomerates must decide whether and how to use them. Domesticating Drones offers rigorous engineering, economics, legal and policy theory and doctrine on this important and far-reaching development within aviation.



The Limits of Westernization

The Limits of Westernization Author Jon Thares Davidann
ISBN-10 9781351655880
Release 2018-07-11
Pages 270
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The rise of East Asia from the ashes of World War II in the late twentieth century has led to searching questions about the role the region will play in the world. The possibility that China will overtake the United States as a super power suggests the twenty-first century could become an Asian century. Given the dynamism of a new Asia, this study provides a crucial analysis of the origins and development of modern thought in East Asia and the United States, reevaluating the influence of the United States on East Asia in the twentieth century and giving greater voice to East Asians in the growth of their own ideas of modernity. While an abundance of scholarship exists on postwar modernization, there is a gap in the prewar origins and development of modern ideas in the late nineteenth and early twentieth century. In that time, influential intellectuals on both sides of the Pacific shaped modernity by rejecting the old order, and embracing progress, the new domain of science, democracy, racial relativism, internationalism, and civic duty. "The book is a seminal work that recalibrates an established narrative of modernity, the West as teacher and the East as pupil." – Prof. Dr. Andreas Niehaus, Head Department Languages and Cultures, Ghent University "Jon Thares Davidann forces a course correction in modernity studies with his insightful new book showing how from roughly 1860 to 1950 intellectuals from Japan, China, the United States, and Korea contributed to a hybrid form of modernization in East Asia with indigenous roots." - James I. Matray, California State University, Chico "This book is particularly timely given the current interest in the rise of East Asia in global history. Rarely can one interpret both East Asian and American thoughts as exquisitely as Dr. Davidann. He also tries to transcend both modernization theory and anti-imperialist/anti-American perspective. A very ambitious and important contribution to transpacific intellectual history." – Hiroo Nakajima, Osaka University "This interactive intellectual history presents an effective argument against civilizational essentialism. It details links in ideas across the Pacific, yet shows that East Asian thinkers led in building the versions of modernity that yielded divergent trajectories for China, Japan, and the U.S." – Patrick Manning, Andrew W. Mellon Professor of World History, Emeritus, University of Pittsburgh "This insightful and far-reaching study effectively reframes the scholarship on the development of modern East Asia. Arguing that historians too often have overstated the extent of westernization, Davidann reexamines in rich and colorful detail the roles played by many prominent East Asians and Americans in constructing hybrid modernities. In doing so, he significantly expands our understanding of the modern world on both sides of the Pacific." Joseph M. Henning, Associate Professor of History, Undergraduate Program Director, International and Global Studies "In this groundbreaking book, Davidann dismantles well-worn assumptions about the uniqueness of Western modernity. The remarkable power of East Asian economies demands new explanations for the development of modernity, departing from a singular concept of westernization. Through a close analysis of the intellectual careers of numerous Asians as well as interested Westerners, Davidann argues persuasively for the adoption of new forms of modernity that are unique to East Asian history. The author effectively demonstrates that East Asians modernized on their own terms, creating new social forms and definitions of modernity. The book stands as a much-needed antidote to modernization theory from a previous generation of global historical scholarship, and thus should find an important place on the bookshelf of what is often called "The New World History." - Prof. Rick Warner, Wabash College, President, World History Association, 2016-2017 Jon Davidann has written a wide-ranging and well documented exploration of the intellectual contacts and ideological influences across three of the main global centers of scientific and technological transformations and their political ramifications from the late-nineteenth century to the aftermath of World War II. The depths he manages to plumb in his analyses of the writings and public advocacy across cultures of a constellation of major Japanese, Chinese and American thinkers is remarkable for a comparative study and will become essential reading for scholars and students of this turbulent era in world history. – Michael Adas, University at New Brunswick A thoughtful and timely book! Jon Thares Davidann examines the emergence of modernity in the late 19th and 20th centuries by analyzing contributions from prominent East Asian and American intellectuals. In engaging, clear prose, he advances provocative arguments that challenge assumptions that equate modernity with Westernization. Highly recommended! – Emily Rosenberg, author of Transnational Currents in a Shrinking World (2014)



The End of Ownership

The End of Ownership Author Aaron Perzanowski
ISBN-10 9780262035019
Release 2016-11-04
Pages 264
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An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace.



The Limits of the Market

The Limits of the Market Author Paul De Grauwe
ISBN-10 9780198784289
Release 2017-01-12
Pages 192
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The old discussion of 'Market or State' is obsolete. There will always have to be a mix of market and state. The only relevant question is what that mix should look like. How far do we have to let the market go its own way in order to create as much welfare as possible for everyone? What is the responsibility of the government in creating welfare? These are difficult questions. But they are also interesting questions and Paul De Grauwe analyses them in this book. The desired mix of market and state is anything but easy to bring about. It is a difficult and sometimes destructive process that is constantly in motion. There are periods in history in which the market gains in importance. During other periods the opposite occurs and government is more dominant. The turning points in this pendulum swing typically seem to coincide with disruptive events that test the limits of market and state. Why we experience this dynamic is an important theme in the book. Will the market, which today is afforded a greater and greater role due to globalization, run up against its limits? Or do the financial crisis and growing income inequality show that we have already reached those limits? Do we have to brace ourselves for a rejection of the capitalist system? Are we returning to an economy in which the government is running the show?



Private Copying

Private Copying Author Stavroula Karapapa
ISBN-10 9780415674720
Release 2012
Pages 217
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"The scope and legitimacy of private copying is one of the most highly contested issues in digital copyright. While private copying was practiced in the analogue world too, it was tolerated due to its minimal impact and to the difficulties related to its monitoring. Yet, its permissibility is ambiguous in the digital environment; this is because digitalisation has enabled ordinary individuals to make and share copies of copyrighted works easily, for no cost and with no degradation in terms of quality. Scholars and lawmakers stress the decisive role of private copying in striking an adequate balance between the freedom to use copyrighted works and the protection of the rightholders' interests in the digital world. In Europe, private copying is explicitly permitted under Article 5(2)(b) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and the national laws that implement it. Despite being a lawful activity in the great majority of European Member States, digital private copying remains a highly controversial phenomenon and the scope of digital private copying remains legally unclear.This book offers an original analysis of private copying and determines the actual scope of private copying as an area of end-user freedom in the digital world. In particular, it examines the permissibility of digital private copying with a view to clarify the legal uncertainty as to its scope. The basis of this examination is Article 5(2)(b) of the Information Society Directive. Under this Article, the use of copyrighted works ought to be 'private' and 'non-commercial' to be permitted; these concepts, however, do not translate well, and tend to be less sharp, in the digital environment. Even though their meaning seems clear and self-evident, their legal boundaries are in practice very vague and not settled by law"--



Protecting Traditional Knowledge

Protecting Traditional Knowledge Author Daniel F. Robinson
ISBN-10 9781317354857
Release 2017-07-14
Pages 366
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This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.



The SAGE Handbook of Intellectual Property

The SAGE Handbook of Intellectual Property Author Matthew David
ISBN-10 9781473909021
Release 2014-11-18
Pages 840
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This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.



The Political Economy of Special Economic Zones

The Political Economy of Special Economic Zones Author Lotta Moberg
ISBN-10 9781315298948
Release 2017-03-16
Pages 204
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Special Economic Zones (SEZs) have become a popular development policy throughout the world over the last half a century. These zones form designated areas where governments offer businesses lower taxes, tariffs, and often lighter regulations. Generally, SEZs aim to attract investments and raise a country’s export and employment rates, but although success stories are often cited, there are numerous failed projects that have instead become burdens for their host countries. This book examines SEZs from a political economy perspective, both to dissect the incentives of governments, zone developers, and exporters, and to uncover both the hidden costs and untapped potential of zone policies. Costs include misallocated resources, the encouragement of rent-seeking, and distraction of policy-makers from more effective reforms. However, the zones also have several unappreciated benefits. They can change the politics of a country, by generating a transition from a system of rent-seeking to one of liberalized open markets. In revealing the hidden promise of SEZs, this book shows how the SEZ model of development can succeed in the future. Applying frameworks from various schools of political economy, this volume places SEZs in the context of their mixed past and promising future. It is essential reading for anyone with an interest in international economics, development economics, and political economy, including practitioners and consultants of SEZ policies.



Internet and Society

Internet and Society Author Christian Fuchs
ISBN-10 9781135898823
Release 2007-12-12
Pages 816
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In this exceptional study, Christian Fuchs discusses how the internet has transformed the lives of human beings and social relationships in contemporary society. By outlining a social theory of the internet and the information society, he demonstrates how the ecological, economic, political, and cultural systems of contemporary society have been transformed by new ICTs. Fuchs highlights how new forms of cooperation and competition are advanced and supported by the internet in subsystems of society and also discusses opportunities and risks of the information society.



Re thinking Intellectual Property

Re thinking Intellectual Property Author YiJun Tian
ISBN-10 9781134038466
Release 2008-08-20
Pages 360
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Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.