The New Private Ordering Of Intellectual Property

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The Law and Economics of Intellectual Property in the Digital Age

Author : Niva Elkin-Koren
Publisher : Routledge
ISBN 13 : 1136249508
Total Pages : 212 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Law and Economics of Intellectual Property in the Digital Age by : Niva Elkin-Koren

Download or read book The Law and Economics of Intellectual Property in the Digital Age written by Niva Elkin-Koren and published by Routledge. This book was released on 2012-11-27 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Intellectual Property Protection and New Constitutionalism

Author : Jonathan Griffiths
Publisher : Oxford University Press
ISBN 13 : 0198863160
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Global Intellectual Property Protection and New Constitutionalism by : Jonathan Griffiths

Download or read book Global Intellectual Property Protection and New Constitutionalism written by Jonathan Griffiths and published by Oxford University Press. This book was released on 2022-02-14 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Intellectual Property and Private International Law

Author : Josef Drexl
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312411
Total Pages : 384 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property and Private International Law by : Josef Drexl

Download or read book Intellectual Property and Private International Law written by Josef Drexl and published by Bloomsbury Publishing. This book was released on 2005-02-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

Patent Pledges

Author : Jorge L. Contreras
Publisher : Edward Elgar Publishing
ISBN 13 : 1785362496
Total Pages : 360 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Patent Pledges by : Jorge L. Contreras

Download or read book Patent Pledges written by Jorge L. Contreras and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.

The Oxford Handbook of Intellectual Property Law

Author : Rochelle Cooper Dreyfuss
Publisher : Oxford University Press
ISBN 13 : 0198758456
Total Pages : 1025 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Intellectual Property Law by : Rochelle Cooper Dreyfuss

Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

The Handbook of Peer Production

Author : Mathieu O'Neil
Publisher : John Wiley & Sons
ISBN 13 : 1119537096
Total Pages : 72 pages
Book Rating : 4.1/5 (195 download)

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Book Synopsis The Handbook of Peer Production by : Mathieu O'Neil

Download or read book The Handbook of Peer Production written by Mathieu O'Neil and published by John Wiley & Sons. This book was released on 2021-02-02 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive reference work with comprehensive analysis and review of peer production Peer production is no longer the sole domain of small groups of technical or academic elites. The internet has enabled millions of people to collectively produce, revise, and distribute everything from computer operating systems and applications to encyclopedia articles and film and television databases. Today, peer production has branched out to include wireless networks, online currencies, biohacking, and peer-to-peer urbanism, amongst others. The Handbook of Peer Production outlines central concepts, examines current and emerging areas of application, and analyzes the forms and principles of cooperation that continue to impact multiple areas of production and sociality. Featuring contributions from an international team of experts in the field, this landmark work maps the origins and manifestations of peer production, discusses the factors and conditions that are enabling, advancing, and co-opting peer production, and considers its current impact and potential consequences for the social order. Detailed chapters address the governance, political economy, and cultures of peer production, user motivations, social rules and norms, the role of peer production in social change and activism, and much more. Filling a gap in available literature as the only extensive overview of peer production’s modes of generating informational goods and services, this groundbreaking volume: Offers accessible, up-to-date information to both specialists and non-specialists across academia, industry, journalism, and public advocacy Includes interviews with leading practitioners discussing the future of peer production Discusses the history, traditions, key debates, and pioneers of peer production Explores technologies for peer production, openness and licensing, peer learning, open design and manufacturing, and free and open-source software The Handbook of Peer Production is an indispensable resource for students, instructors, researchers, and professionals working in fields including communication studies, science and technology studies, sociology, and management studies, as well as those interested in the network information economy, the public domain, and new forms of organization and networking.

Mechanisms to Enable Follow-On Innovation

Author : Alina Wernick
Publisher : Springer Nature
ISBN 13 : 3030722570
Total Pages : 450 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Mechanisms to Enable Follow-On Innovation by : Alina Wernick

Download or read book Mechanisms to Enable Follow-On Innovation written by Alina Wernick and published by Springer Nature. This book was released on 2021-05-13 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

Transition and Coherence in Intellectual Property Law

Author : Niklas Bruun
Publisher : Cambridge University Press
ISBN 13 : 1108484603
Total Pages : 531 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transition and Coherence in Intellectual Property Law by : Niklas Bruun

Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

Legal Certainty in a Contemporary Context

Author : Mark Fenwick
Publisher : Springer
ISBN 13 : 9811001146
Total Pages : 194 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Legal Certainty in a Contemporary Context by : Mark Fenwick

Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

Intellectual Property and the Common Law

Author : Shyamkrishna Balganesh
Publisher : Cambridge University Press
ISBN 13 : 1107014158
Total Pages : 577 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Intellectual Property and the Common Law by : Shyamkrishna Balganesh

Download or read book Intellectual Property and the Common Law written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2013-09-02 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.

Research Handbook on Intellectual Property and Moral Rights

Author : Ysolde Gendreau
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904870
Total Pages : 583 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Research Handbook on Intellectual Property and Moral Rights by : Ysolde Gendreau

Download or read book Research Handbook on Intellectual Property and Moral Rights written by Ysolde Gendreau and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.

The Evolution of Economic and Innovation Systems

Author : Andreas Pyka
Publisher : Springer
ISBN 13 : 3319132997
Total Pages : 637 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Evolution of Economic and Innovation Systems by : Andreas Pyka

Download or read book The Evolution of Economic and Innovation Systems written by Andreas Pyka and published by Springer. This book was released on 2015-03-03 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is at the cutting edge of the ongoing ‘neo-Schumpeterian’ research program that investigates how economic growth and its fluctuation can be understood as the outcome of a historical process of economic evolution. Much of modern evolutionary economics has relied upon biological analogy, especially about natural selection. Although this is valid and useful, evolutionary economists have, increasingly, begun to build their analytical representations of economic evolution on understandings derived from complex systems science. In this book, the fact that economic systems are, necessarily, complex adaptive systems is explored, both theoretically and empirically, in a range of contexts. Throughout, there is a primary focus upon the interconnected processes of innovation and entrepreneurship, which are the ultimate sources of all economic growth. Twenty two chapters are provided by renowned experts in the related fields of evolutionary economics and the economics of innovation.

Data Protection and Privacy, Volume 11

Author : Ronald Leenes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926224
Total Pages : 430 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Data Protection and Privacy, Volume 11 by : Ronald Leenes

Download or read book Data Protection and Privacy, Volume 11 written by Ronald Leenes and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through data protection instruments of unfair inequalities as a result of machine learning, privacy and human-robot interaction in robotized healthcare, privacy-by-design, personal data protection of deceased data subjects, large-scale face databases and the GDPR, the new Europol regulation, rethinking trust in the Internet of Things, fines under the GDPR, data analytics and the GDPR, and the essence of the right to the protection of personal data. This interdisciplinary book was written while the reality of the General Data Protection Regulation 2016/679 was becoming clear. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Research Handbook on Intellectual Property Rights and Inclusivity

Author : Cristiana Sappa
Publisher : Edward Elgar Publishing
ISBN 13 : 1803927267
Total Pages : 539 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Research Handbook on Intellectual Property Rights and Inclusivity by : Cristiana Sappa

Download or read book Research Handbook on Intellectual Property Rights and Inclusivity written by Cristiana Sappa and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.

Private Power, Public Law

Author : Susan K. Sell
Publisher : Cambridge University Press
ISBN 13 : 9780521525398
Total Pages : 244 pages
Book Rating : 4.5/5 (253 download)

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Book Synopsis Private Power, Public Law by : Susan K. Sell

Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

The Role of Intellectual Property Rights in Biotechnology Innovation

Author : David Castle
Publisher : Edward Elgar Publishing
ISBN 13 : 1849801932
Total Pages : 475 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis The Role of Intellectual Property Rights in Biotechnology Innovation by : David Castle

Download or read book The Role of Intellectual Property Rights in Biotechnology Innovation written by David Castle and published by Edward Elgar Publishing. This book was released on 2009 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.

Advanced Introduction to New Institutional Economics

Author : Ménard, Claude
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904498
Total Pages : 200 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to New Institutional Economics by : Ménard, Claude

Download or read book Advanced Introduction to New Institutional Economics written by Ménard, Claude and published by Edward Elgar Publishing. This book was released on 2022-01-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: New institutional economics (NIE) is a powerful tool for understanding real world phenomena. This Advanced Introduction explores NIE’s answers to fundamental questions about the organization, growth and development of economies, such as why are some countries rich and others poor? Why are activities organized as firms or markets or through alternative organizational solutions? When are shared resources overexploited?