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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.
Examines different ways of understanding power in copyright, trademark and patent policy.
In recent years, the number of conflicts related to the misuse of street art and graffiti has been on the rise around the world. Some cases involve claims of misappropriation related to corporate advertising campaigns, while others entail the destruction or 'surgical' removal of street art from the walls on which they were created. In this work, Enrico Bonadio brings together a group of experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. Chapter authors shed light not only on the legal tools available in thirteen key jurisdictions for street and graffiti artists to object to unauthorized exploitations and unwanted treatments of their works, but also offer policy and sociological insights designed to spur further debate on whether and to what extent the street art and graffiti subcultures can benefit from copyright and moral rights protection.
Three property aspects of IP law -- Implications of the three aspects of property
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
Providing a panoramic overview of the field, this Handbook examines the intellectual property (IP) rights that protect artistic and inventive works, demonstrating that innovation and creativity require appropriate practical institutions alongside imagination and inspiration. Advancing key debates in the field, it identifies important reforms and mechanisms to improve IP systems for both the creators and users of protected works.
This accessible and engaging introduction encourages readers to critically and independently evaluate the ownership of intangible goods.
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
How does IP balance the exclusive rights of innovators with public demand for access to their innovations? How can organizations manage IP strategically to meet their goals? How do IP strategies play out on the global stage? Driving Innovation reveals the dynamics of intellectual property (IP) as it drives the innovation cycle and shapes global society. The book presents fundamental IP concepts and practical legal and business strategies that apply to all innovation communities, including industry, non-profit institutions, and developing countries. Further, it draws on the author's broad experience, news headlines, and precedent-setting lawsuits relating to patents, trademarks, copyright, and trade secrets - from biotechnology to the open source movement. General readers and students will welcome the lively overview of this complex topic, while executives and practitioners can gain new insights and valuable approaches for putting ideas to work and navigating within or changing the global IP system to expand innovation.