THE LAW AND ECONOMICS OF INTELLECTUAL PROPERTY IN THE DIGITAL AGE THE LIMITS OF ANALYSIS ROUTLEDGE RESEARCH IN INTELLECTUAL PROPERTY

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The Law And Economics Of Intellectual Property In The Digital Age

Author : Niva Elkin-Koren
ISBN : 9781136249501
Genre : Law
File Size : 53.92 MB
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Category: Law

Flexibility In Modern Business Law

Author : Mark Fenwick
ISBN : 9784431557876
Genre : Law
File Size : 21.2 MB
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This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.
Category: Law

Health Technologies And International Intellectual Property Law

Author : Phoebe Li
ISBN : 9781135916770
Genre : Law
File Size : 52.95 MB
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The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.
Category: Law

Intellectual Property Policy Law And Administration In Africa

Author : Caroline B. Ncube
ISBN : 9781317589952
Genre : Law
File Size : 20.53 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.
Category: Law

A Politics Of Patent Law

Author : Kali Murray
ISBN : 9780415565172
Genre : Business & Economics
File Size : 25.67 MB
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"There has been much written on the impact of the international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which lament the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. But these studies have failed to examine why such inclusion has proven to be particularly difficult. This book examines how patent law can accommodate what James Boyle terms a "politics" that is a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interest perceived in apparently diverse situations. A Politics of Patent Law surveys national statutory and case law, regional patent treaties, and international treaties, to understand how to craft a more "participatory bargain" in patent law. The book provides a substantive account about the ways in which the various types of participatory mechanisms currently operate, and examines how participatory mechanisms can be developed in patent law, particularly within the regional and international context. The book will set out a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process"--
Category: Business & Economics

Well Known Trade Marks

Author : Hiroko Onishi
ISBN : 9781136027925
Genre : Law
File Size : 55.77 MB
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This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.
Category: Law

The Object Of Copyright

Author : Stina Teilmann-Lock
ISBN : 9781317804598
Genre : Law
File Size : 89.69 MB
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Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the ‘original work’ has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer today the sole or even the chief object of copyright protection. Taking its key examples from British, French and Danish copyright law, the book begins by exploring how the earliest copyright laws emerged out of the technological understanding of a printed ‘copy,’ and out of the philosophical notions of originals and copies, tangibles and intangibles. Dr Teilmann-Lockgoes on to examine the concept of the ‘work’ as it develops both conceptually and legally, as the object of protection, and then explains how, in a curious consequence, 'the work' turns the ‘copy’ into the 'mere' material instantiation of the intangible 'original'. The book concludes by addressing the considerable and complicated problems now emerging in copyright law following the inclusion of design within the scope of its protection. In this field Danish law, striving to protect Danish design, has been setting the trend for over a hundred years. In its examination of terminological exchanges between the diverse legal traditions and philosophical discourse, and in its thorough investigation of particular terms central to copyright legislation, this interdisciplinary book will be of great interest to scholars and students of copyright and intellectual property law; it also makes an important contribution to literary studies, legal history and cultural theory.
Category: Law

The Economics Of Knowledge Innovation And Systemic Technology Policy

Author : Francesco Crespi
ISBN : 9781134468881
Genre : Business & Economics
File Size : 51.60 MB
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There is wide consensus on the importance of knowledge for economic growth and local development patterns. This book proposes a view of knowledge as a collective, systemic and evolutionary process that enables agents and social systems to overcome the challenges of the limits to growth. It brings together new conceptual and empirical contributions, analysing the relationship between demand and supply factors and the rate and direction of technological change. It also examines the different elements that compose innovation systems. The Economics of Knowledge, Innovation and Systemic Technology Policy provides the background for the development of an integrated framework for the analysis of systemic policy instruments and their mutual interaction the socio-political and economic conditions of the surrounding environment. These aspects have long been neglected in innovation policy, as policymakers, academics and the business community, have mostly emphasized the benefits of supply side strategies. However, a better understanding of innovation policies grafted on a complexity-based approach calls for the appreciation of the mutual interactions between both supply and demand aspects, and it is likely to improve the actual design of policy measures. This book will help readers to understand the foundations and working of demand-driven innovation policies by stressing the importance of compent and smart demand.
Category: Business & Economics

Intellectual Liberty

Author : Dr Hugh Breakey
ISBN : 9781409472629
Genre : Law
File Size : 48.28 MB
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Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
Category: Law

The Limits Of Westernization

Author : Jon Thares Davidann
ISBN : 9781351655880
Genre : History
File Size : 80.80 MB
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The rise of East Asia from the ashes of World War II in the late twentieth century has led to searching questions about the role the region will play in the world. The possibility that China will overtake the United States as a super power suggests the twenty-first century could become an Asian century. Given the dynamism of a new Asia, this study provides a crucial analysis of the origins and development of modern thought in East Asia and the United States, reevaluating the influence of the United States on East Asia in the twentieth century and giving greater voice to East Asians in the growth of their own ideas of modernity. While an abundance of scholarship exists on postwar modernization, there is a gap in the prewar origins and development of modern ideas in the late nineteenth and early twentieth century. In that time, influential intellectuals on both sides of the Pacific shaped modernity by rejecting the old order, and embracing progress, the new domain of science, democracy, racial relativism, internationalism, and civic duty. "The book is a seminal work that recalibrates an established narrative of modernity, the West as teacher and the East as pupil." – Prof. Dr. Andreas Niehaus, Head Department Languages and Cultures, Ghent University "Jon Thares Davidann forces a course correction in modernity studies with his insightful new book showing how from roughly 1860 to 1950 intellectuals from Japan, China, the United States, and Korea contributed to a hybrid form of modernization in East Asia with indigenous roots." - James I. Matray, California State University, Chico "This book is particularly timely given the current interest in the rise of East Asia in global history. Rarely can one interpret both East Asian and American thoughts as exquisitely as Dr. Davidann. He also tries to transcend both modernization theory and anti-imperialist/anti-American perspective. A very ambitious and important contribution to transpacific intellectual history." – Hiroo Nakajima, Osaka University "This interactive intellectual history presents an effective argument against civilizational essentialism. It details links in ideas across the Pacific, yet shows that East Asian thinkers led in building the versions of modernity that yielded divergent trajectories for China, Japan, and the U.S." – Patrick Manning, Andrew W. Mellon Professor of World History, Emeritus, University of Pittsburgh "This insightful and far-reaching study effectively reframes the scholarship on the development of modern East Asia. Arguing that historians too often have overstated the extent of westernization, Davidann reexamines in rich and colorful detail the roles played by many prominent East Asians and Americans in constructing hybrid modernities. In doing so, he significantly expands our understanding of the modern world on both sides of the Pacific." Joseph M. Henning, Associate Professor of History, Undergraduate Program Director, International and Global Studies "In this groundbreaking book, Davidann dismantles well-worn assumptions about the uniqueness of Western modernity. The remarkable power of East Asian economies demands new explanations for the development of modernity, departing from a singular concept of westernization. Through a close analysis of the intellectual careers of numerous Asians as well as interested Westerners, Davidann argues persuasively for the adoption of new forms of modernity that are unique to East Asian history. The author effectively demonstrates that East Asians modernized on their own terms, creating new social forms and definitions of modernity. The book stands as a much-needed antidote to modernization theory from a previous generation of global historical scholarship, and thus should find an important place on the bookshelf of what is often called "The New World History." - Prof. Rick Warner, Wabash College, President, World History Association, 2016-2017 Jon Davidann has written a wide-ranging and well documented exploration of the intellectual contacts and ideological influences across three of the main global centers of scientific and technological transformations and their political ramifications from the late-nineteenth century to the aftermath of World War II. The depths he manages to plumb in his analyses of the writings and public advocacy across cultures of a constellation of major Japanese, Chinese and American thinkers is remarkable for a comparative study and will become essential reading for scholars and students of this turbulent era in world history. – Michael Adas, University at New Brunswick A thoughtful and timely book! Jon Thares Davidann examines the emergence of modernity in the late 19th and 20th centuries by analyzing contributions from prominent East Asian and American intellectuals. In engaging, clear prose, he advances provocative arguments that challenge assumptions that equate modernity with Westernization. Highly recommended! – Emily Rosenberg, author of Transnational Currents in a Shrinking World (2014)
Category: History