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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 304
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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.



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"--



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 SAGE Handbook of Intellectual Property

The SAGE Handbook of Intellectual Property Author Matthew David
ISBN-10 9781473914391
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.



Copy write

Copy write Author Martine Courant Rife
ISBN-10 1602352623
Release 2011
Pages 399
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The editors bring together stories, theories, and research that can further inform the ways in which intellectual property issues are situated and addressed in writing classrooms. The essays in the collection identify and describe a wide range of pedagogical strategies, consider theories, present research, explore approaches, and offer both cautionary tales and local and contextual successes.



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.



Paradata and Transparency in Virtual Heritage

Paradata and Transparency in Virtual Heritage Author Anna Bentkowska-Kafel
ISBN-10 0754675831
Release 2012
Pages 290
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Computer-Generated Images (CGIs) are widely used and accepted in the world of entertainment but the use of the very same visualization techniques in academic research in the Arts and Humanities remains controversial. The techniques and conceptual perspectives on heritage visualization are a subject of an ongoing interdisciplinary debate. By demonstrating scholarly excellence and best technical practice in this area, this volume is concerned with the challenge of providing intellectual transparency and accountability in visualization-based historical research. Addressing a range of cognitive and technological challenges, the authors make a strong case for a wider recognition of three-dimensional visualization as a constructive, intellectual process and valid methodology for historical research and its communication.



Degrowth

Degrowth Author Giacomo D'Alisa
ISBN-10 9781134449774
Release 2014-11-13
Pages 220
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Degrowth is a rejection of the illusion of growth and a call to repoliticize the public debate colonized by the idiom of economism. It is a project advocating the democratically-led shrinking of production and consumption with the aim of achieving social justice and ecological sustainability. This overview of degrowth offers a comprehensive coverage of the main topics and major challenges of degrowth in a succinct, simple and accessible manner. In addition, it offers a set of keywords useful forintervening in current political debates and for bringing about concrete degrowth-inspired proposals at different levels - local, national and global. The result is the most comprehensive coverage of the topic of degrowth in English and serves as the definitive international reference. More information at: vocabulary.degrowth.org View the author spotlight featuring events and press related to degrowth at http://t.co/k9qbQpyuYp.



Choice

Choice Author
ISBN-10 UOM:39015079402478
Release 2000
Pages
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Choice has been writing in one form or another for most of life. You can find so many inspiration from Choice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Choice book for free.



International Political Sociology

International Political Sociology Author Tugba Basaran
ISBN-10 9781317435907
Release 2016-07-22
Pages 310
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This book presents an overview and evaluation of contemporary research in international political sociology (IPS). Bringing together leading scholars from many disciplines and diverse geographical backgrounds, it provides unprecedented coverage of the key concepts and research through which IPS has opened up new ways of thinking about international relations. It also considers some of the consequences of such innovations for established forms of social and political analysis. It thus takes the reader on an intellectual journey engaging with questions about boundaries and limits among the many interrelated worlds in which we now live, the ways we conceptualise them, and how we continually reshape boundaries of identities, spaces, authorities and disciplinary knowledge. The volume is organized three sections: Lines, Intersections and Directions. The first section examines some influences that led to the formation of the project of IPS and how it has opened up avenues of research beyond the limits of an international relations discipline shaped within political science. The second section explores some key concepts as well as a series of heated discussions about power and authority, practices and governmentality, performativity and reflexivity. The third section explores some of the transversal topics of research that have been pursued within IPS, including inequality, migration, citizenship, the effect of technology on practices of security, the role of experts and expertise, date-driven surveillance, and the relation between mobility, power and inequality. This book will be an essential source of reference for students and across the social sciences.



Disturbing Argument

Disturbing Argument Author Catherine Palczewski
ISBN-10 9781317652861
Release 2015-01-30
Pages 451
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This edited volume represents the best of the scholarship presented at the 18th National Communication Association/American Forensic Association Conference on Argumentation. This biennial conference brings together a lively group of argumentation scholars from a range of disciplinary approaches and a variety of countries. Disturbing Argument contains selected works that speak both to the disturbing prevalence of violence in the contemporary world and to the potential of argument itself, to disturb the very relations of power that enable that violence. Scholars’ essays analyze a range of argument forms, including body and visual argument, interpersonal and group argument, argument in electoral politics, public argument, argument in social protest, scientific and technical argument, and argument and debate pedagogy. Contributors study argument using a range of methodological approaches, from social scientifically informed studies of interpersonal, group, and political argument to humanistic examinations of argument theory, political discourse, and social protest, to creatively informed considerations of argument practices that truly disturb the boundaries of what we consider argument.



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.



Intellectual Property and Development

Intellectual Property and Development Author Rami M. Olwan
ISBN-10 9783642279072
Release 2013-03-15
Pages 392
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The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).