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As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media describing the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular the author analyze the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe.
Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.
Innovation is key to the progress of economies that aim at being successful players in the global market. In this context, the encouragement and protection of intellectual property and a forward looking science and technology policy are essential. The various facets of intellectual property and of the science and technology policies necessary for its generation and utilization are studied by a group of experts both from NATO countries and CIS countries. A series of country-specific discussions of the problems confronting the transition from a centralized to a market economy is followed by a broad overview of outlooks, mechanisms and experiences in market economies, and by recommendations of necessary policies for participation in the global market.
'For the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions – particularly WIPO and the WTO – to foster the development of, and administer, sound international patent policy.' – Rochelle Dreyfuss, New York University School of Law, US 'In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.' – From the foreword by Michael Trebilcock, University of Toronto, Canada When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions – WIPO and the WTO – in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field.
In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault’s concept of Networks of Power and Culpepper’s Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and copyright law.
A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.
An outstanding line-up of contributors explore the regulation of the internet from an interdisciplinary perspective. In-depth coverage of this controversial area such as international political economy, law, politics, economics, sociology and internet regulation. Regulating the Global Information Society covers the differences between both US and UK approaches to regulation and establishes where policy is being made that will influence the future direction of the global information society, from commercial, democratic and middle-ground perspectives.
"In this book, a comprehensive review of various legal issues concerning digital libraries is presented"--Provided by publisher.
Human-centredness: A Challenge to Post-industrial Europe? The key power in industrial society has been linked to the possession of capital and factory. In the "information society" it could be rather different. If one accepts that that the key power in the information society will be linked not so much to the ownership of information but to human creativity nourished by that information, the productive force of today and tomorrow, could be more and more the human brain. Making use of one's intelligence is always accompanied by positive emotion, which in turn further activates the intelligence. But, unfortunately, under present conditions workers of all levels live in fear, anxiety and stress rather than desire and motivation. The question of "basic human ecology" (quality of life) is, therefore, a major strategic factor. It is precisely the opposite to the mechanisms of exclusion that currently dominate our society: exclusion of young people through joblessness - but also exclusion through technology, as with the helplessness of older people or the poorly educated confronted with ticket dispensing machines or other automats. This is not idle theorizing, it corresponds to concrete facts. It is, for example, how some observers interpret the crisis at IBM. Because its programs were less 'human-friendly', it was shaken to its foundations by Apple and Microsof- though it seems since to have learnt its lesson.