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Papers and documents filed before the U.S. Court of Claims and the U.S. Supreme Court.
In this scholarly yet highly accessible work, Eva Hemmungs Wirtén traces three main themes within the scope of cultural ownership: authorship as one of the basic features of print culture, the use of intellectual property rights as a privileged instrument of control, and finally globalization as a pre-condition under which both operate. Underwritten by rapid technological change and increased global interdependence, intellectual property rights are designed to protect a production that is no longer industrial, but informational. No Trespassing tells the story of a century of profound change in cultural ownership. It begins with late nineteenth-century Europe, exploring cultural ownership in a number of settings across both spatial and temporal divides, and concludes in today's global, knowledge-based society. Wirtén takes an interdisciplinary and international approach, using a wide array of material from court cases to novels for her purposes. From Victor Hugo and the 1886 Berne Convention, to the translation of Peter Høeg’s bestseller Smilla's Sense of Snow, Wirtén charts a history of Intellectual property rights and regulations. She addresses the relationship between author and translator, looks at the challenges to intellectual property by the arrival of the photocopier, takes into account the media conglomerate's search for content as a key asset since the 1960s, and considers how a Western legal framework interacts with attempts to protect traditional knowledge and folklore. No Trespassing is essential reading for all who care about culture and the future regulatory structures of access to it.
This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies
New innovations are created every day, but today’s business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law? Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations. Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.
The book attempts to critically analyse the cases on the law of copyright, decided by the Indian Courts as well as Courts of other countries, specially English and American Courts. The book also evaluates the relation between statutory copyright law as well as case law on the subject. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matters of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matters of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet”. While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability, Chapter 10 discusses the enforcement of copyright in India. This book will be useful to the undergraduate and postgraduate students of Law, researchers, academicians, jurists, lawyers, judges as well as members of civil society.
This title aims to explain (and criticize) the economic approach to law by covering economic analysis in property and criminal law. To save the time of the reader not wanting to relearn multivariate calculus with each section, this title provides comprehensive bibliographies and highlights major contributions in the introductions to each volume. A key overview for students of economy and law to gain a broad understanding of how to approach these themes in practice.