Download or read book The Economic Structure of Intellectual Property Law written by William M. LANDES and published by Harvard University Press. This book was released on 2009-06-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

Download or read book Is Intellectual Property Pluralism Functional written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2019 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.

Download or read book Laws of Creation written by Ronald A. Cass and published by Harvard University Press. This book was released on 2013-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Download or read book EU Intellectual Property Law and Policy written by The late Catherine Seville and published by Edward Elgar Publishing. This book was released on 2016-09-28 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

Download or read book Intellectual Property in the Conflict of Laws written by Schaafsma, Sierd J. and published by Edward Elgar Publishing. This book was released on 2022-01-14 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.

Download or read book Justifying Intellectual Property written by Robert P. Merges and published by Harvard University Press. This book was released on 2011-06-13 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Download or read book A Handbook on the WTO TRIPS Agreement written by Antony Taubman and published by Cambridge University Press. This book was released on 2012-04-26 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.

Download or read book Intellectual Property in Asia and the Pacific written by and published by . This book was released on 1987 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Object and Purpose of Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2019 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.

Download or read book Intellectual Property Rights and Economic Development written by Carlos Alberto Primo Braga and published by World Bank Publications. This book was released on 2000 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.

Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.

Download or read book Research Handbook on Cross border Enforcement of Intellectual Property written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf

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.

Download or read book Promoting Access to Medical Technologies and Innovation Intersections between Public Health Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Download or read book Intellectual Property and Property Rights written by Adam Mossoff and published by Edward Elgar Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful single volume consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.