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Book Transition and Coherence in Intellectual Property Law

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.

Book A Critique of the Ontology of Intellectual Property Law

Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.

Book The Structure of Intellectual Property Law

Download or read book The Structure of Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

Book Competition and Intellectual Property Law in Ukraine

Download or read book Competition and Intellectual Property Law in Ukraine written by Heiko Richter and published by Springer Nature. This book was released on 2023-01-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.

Book A Critique of the Ontology of Intellectual Property Law

Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.

Book Improving Intellectual Property

Download or read book Improving Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.

Book The Copyright Law of Spatial Data

Download or read book The Copyright Law of Spatial Data written by Kanchana Kariyawasam and published by Taylor & Francis. This book was released on 2024-08-09 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough comparative analysis of copyright protection of spatial data across Australia, the United States of America (USA), and the European Union. With the emergence of terrestrial scanners, drones, robotics, and artificial intelligence (AI), the acquisition of data has recently reshaped the landscape of the survey industry, highlighting the importance of protecting the intellectual rights of surveyors. This book investigates the distinct approaches taken by each jurisdiction in protecting copyrights in spatial data and explores commonalities and disparities between these jurisdictions, highlighting best practices. The book also explores the alternative means of protecting spatial data and provides final recommendations aimed at policymakers, with the overarching objective of nurturing a balanced copyright system. This book will be of interest to students and scholars in the field of copyright law and spatial data.

Book Reforming Intellectual Property

    Book Details:
  • Author : Ghidini, Gustavo
  • Publisher : Edward Elgar Publishing
  • Release : 2022-09-06
  • ISBN : 1803922257
  • Pages : 353 pages

Download or read book Reforming Intellectual Property written by Ghidini, Gustavo and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.

Book Research Handbook on Intellectual Property and Artificial Intelligence

Download or read book Research Handbook on Intellectual Property and Artificial Intelligence written by Ryan Abbott and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.

Book IP Accidents

    Book Details:
  • Author : Patrick R. Goold
  • Publisher : Cambridge University Press
  • Release : 2022-03-17
  • ISBN : 1108899455
  • Pages : 153 pages

Download or read book IP Accidents written by Patrick R. Goold and published by Cambridge University Press. This book was released on 2022-03-17 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.

Book Judicially Crafted Property Rights in Valuable Intangibles

Download or read book Judicially Crafted Property Rights in Valuable Intangibles written by Apostolos G. Chronopoulos and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.

Book International Intellectual Property Law and Human Security

Download or read book International Intellectual Property Law and Human Security written by Robin Ramcharan and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

Book The Law and Politics of Brexit  Volume V

Download or read book The Law and Politics of Brexit Volume V written by Federico Fabbrini and published by Oxford University Press. This book was released on 2024-08-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, interdisciplinary analysis of the Trade & Cooperation Agreement (TCA) between the European Union (EU) and the United Kingdom (UK). It unpacks the complex provisions of the agreement, identifies emerging security challenges, and examines the evolution of EU-UK trade relations as a result of the Windsor Framework.

Book Sovereignty  Technology and Governance after COVID 19

Download or read book Sovereignty Technology and Governance after COVID 19 written by Francisco de Abreu Duarte and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.

Book History of Design and Design Law

Download or read book History of Design and Design Law written by Tsukasa Aso and published by Springer Nature. This book was released on 2022-04-22 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

Book Adventures in Childhood

    Book Details:
  • Author : Jose Bellido
  • Publisher : Cambridge University Press
  • Release : 2022-07-14
  • ISBN : 110848591X
  • Pages : 331 pages

Download or read book Adventures in Childhood written by Jose Bellido and published by Cambridge University Press. This book was released on 2022-07-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how intellectual property turned the family into a market while, simultaneously, the market became a family.

Book Cross Border Trade Secret Disputes in the European Union

Download or read book Cross Border Trade Secret Disputes in the European Union written by Lydia Lundstedt and published by Edward Elgar Publishing. This book was released on 2023-10-06 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.