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Author: Steven D. Jamar Publisher: ISBN: 9781108697613 Category : Intellectual property Languages : en Pages : 0
Book Description
"Throughout most of the twentieth century an exceedingly narrow interpretation and application of the utilitarian rationale for intellectual property protection dominated much of Western intellectual property (IP) law and policy.1 This was especially evident in the United States, wherein an economic incentive/commodification approach to IP social utility pervaded IP jurisprudence and scholarly discourse"--
Author: Steven D. Jamar Publisher: ISBN: 9781108697613 Category : Intellectual property Languages : en Pages : 0
Book Description
"Throughout most of the twentieth century an exceedingly narrow interpretation and application of the utilitarian rationale for intellectual property protection dominated much of Western intellectual property (IP) law and policy.1 This was especially evident in the United States, wherein an economic incentive/commodification approach to IP social utility pervaded IP jurisprudence and scholarly discourse"--
Author: Steven D. Jamar Publisher: Cambridge University Press ISBN: 1108652999 Category : Law Languages : en Pages : 1019
Book Description
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Author: Jens Schovsbo Publisher: Edward Elgar Publishing ISBN: 1035323575 Category : Law Languages : en Pages : 251
Book Description
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Author: Enrico Bonadio Publisher: Cambridge University Press ISBN: 1108996221 Category : Law Languages : en Pages : 999
Book Description
This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.
Author: Shyamkrishna Balganesh Publisher: Cambridge University Press ISBN: 9781009293143 Category : Law Languages : en Pages : 0
Book Description
While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Author: Mira T. Sundara Rajan Publisher: Cambridge University Press ISBN: 9781107156364 Category : Law Languages : en Pages : 0
Book Description
Intellectual property law faces serious challenges worldwide, with many in the international community arguing that the law fails to provide much-needed support for either individual rights or the public interest in the technological environment. The Cambridge Handbook of Intellectual Property in Central and Eastern Europe offers a novel look at intellectual property issues through the lens of the post-socialist and transitional experience in Central and Eastern European countries. Contributors include both recognized and emerging leaders in their jurisdictions of interest, and experts on US, European Union, and international law. Taken together, they offer a thought-provoking critique of current approaches and build a compelling case for cogent policymaking. This important work reflects the formative experiences of a difficult history, demonstrating the courageous optimism of scholars in a region that has repeatedly overcome the challenges of the past, while consistently looking to its authors and innovators for leadership and inspiration.
Author: Anne Flanagan Publisher: Edward Elgar Publishing ISBN: 1849806705 Category : Law Languages : en Pages : 233
Book Description
Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Author: Margaret Chon Publisher: Cambridge University Press ISBN: 1316811999 Category : Law Languages : en Pages : 811
Book Description
Public–private partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion. Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activities of PPPs at this important nexus.
Author: Jeffrey C. Sun Publisher: John Wiley & Sons ISBN: 0470877596 Category : Education Languages : en Pages : 177
Book Description
This monograph pays special attention to the intellectual propertyof copyrights and patents. It examines how legal parameters,competing interests, and technological advances take shape ineconomic, political, and social contexts that require colleges anduniversities make intellectual property central to theiroperations. Economic, political and social forces are redefining knowledgeas property that can be owned, and institutions of highereducation, as producers of knowledge, are central participants ofthis phenomenon. Debates about intellectual property are rampant,some arguing that knowledge should not become a commodity forexchange, others than intellectual property fosters innovation insociety. What is not debatable is the importance of the law forresolving disputes about intellectual property. Today, the evolving legal context association with intellectualproperty and technological advancements have created competinginterests and demands from individuals, institutions and evennation. The law is often the realm in which these interests anddisputes take place, with more or less satisfying results. Collegesand universities must grapple with not only complex legal issuesbut also the philosophical and political consequences associatedwith the conversation of intellectual acts into property. This is the fourth issue in the 34th volume of the Jossey-Bassseries ASHE Higher Education Report. Each monographin the series is the definitive analysis of a tough highereducation problem, based on thorough research of pertinentliterature and institutional experiences. Topics are identified bya national survey. Noted practitioners and scholars are thencommissioned to write the reports, with experts providing criticalreviews of each manuscript before publication.
Author: Steven D. Jamar
Author: Steven D. Jamar
Author: Steven D. Jamar
Author: Jens Schovsbo
Author: Enrico Bonadio
Author: Shyamkrishna Balganesh
Author: Mira T. Sundara Rajan
Author: David Arditi
Author: Anne Flanagan
Author: Margaret Chon
Author: Jeffrey C. Sun