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This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Innovation is a driver of competitive advantage and economic growth, with patent rights playing a critical supporting role. However, differential access to patent rights and relatively less participation in innovation can affect women and people from other historically underrepresented groups, thereby hindering progress and limiting the potential economic benefits generated by innovation. This paper reviews the global literature on these “diversity gaps”, identifies their key drivers, and documents international policies and initiatives that show promise in addressing them. Building upon Shapanka and Fechner (2018), it expands the geographic scope and reinforces the scientific basis of their analysis. The paper also provides recommendations for a wide range of stakeholders and offers insights for fostering more inclusive and equitable innovation ecosystems.
"The gender gap with respect to wealth and property is a chasm. For over 40 years the leading international treaty on the rights of women, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), has been generating jurisprudence interpreting CEDAW's obligations demanding that states protect the equal rights of women as partners in recognized relationships, family rights more generally (including inheritance), rights to land, adequate housing (including for those subjected to domestic violence), financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book surveys and assesses the CEDAW Committee's General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries addressing these rights. It finds that the underlying jurisprudence is dramatically different from property protections under the international investment regime, is much more convergent with that under other international human rights regimes, but unique in its focus on addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have underpinned the impoverishment of women all around the world. It concludes that CEDAW's re-engendering of property, although a flawed work in progress, has the potential to be transformative"--
The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Choreographing Copyright Provides a historical and cultural analysis of U.S.-based dance-makers' investment in intellectual property rights. In a series of case studies stretching from the late nineteenth century to the early twenty-first, the book reconstructs dancers' efforts to win copyright protection for choreography and teases out their raced and gendered politics.