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Intellectual Properties and the Protection of Fictional Characters: Copyright, Trademark, or Unfair Competition?
by Dorothy J. HowellIn this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters.Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.
The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke
by John WillinskyProviding a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke
by John WillinskyProviding a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke
by John WillinskyProviding a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke
by John WillinskyProviding a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2022 Cumulative Supplement
by Yuridia Caire Russell L. ParrStay informed about every major and recent development in the law of intellectual property in the US In the 2022 Cumulative Supplement to the 5th edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, a renowned team of authors delivers a comprehensive and authoritative review of the most relevant and impactful changes to the legal regime governing intellectual property in the United States. Current to the year 2022, the Supplement explores the legislative and regulatory changes, as well as major developments in case law, affecting intellectual property in the US. An indispensable update for lawyers advising founders, entrepreneurs, and executives in any industry, and business leaders themselves, this volume is a one-stop resource covering every applicable recent change in a rapidly evolving area of the law.
Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2022 Cumulative Supplement (Wiley Nonprofit Authority Ser.)
by Yuridia Caire Russell L. ParrStay informed about every major and recent development in the law of intellectual property in the US In the 2022 Cumulative Supplement to the 5th edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, a renowned team of authors delivers a comprehensive and authoritative review of the most relevant and impactful changes to the legal regime governing intellectual property in the United States. Current to the year 2022, the Supplement explores the legislative and regulatory changes, as well as major developments in case law, affecting intellectual property in the US. An indispensable update for lawyers advising founders, entrepreneurs, and executives in any industry, and business leaders themselves, this volume is a one-stop resource covering every applicable recent change in a rapidly evolving area of the law.
Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3 (Studies In International Economics #v. 3)
by Thomas Cottier Petros Constantinos Mavroidis Marion PanizzonThe incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Marion Panizzon is Research Fellow, University of Bern. Simon Lacey is Research Fellow, University of Bern.
Intellectual Property (The International Library of Essays in Law and Society)
by William T. GallagherThis book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.
Intellectual Property (The International Library of Essays in Law and Society)
by William T. GallagherThis book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.
Intellectual Property: Valuation, Exploitation, and Infringement Damages (Intellectual Property-general, Law, Accounting And Finance, Management, Licensing, Special Topics Ser.)
by Russell L. ParrA new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.
Intellectual Property: Valuation, Exploitation, and Infringement Damages
by Russell L. ParrA new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.
Intellectual Property: Licensing and Joint Venture Profit Strategies
by Gordon V. Smith Russell L. ParrCompanies are increasingly looking to their intellectual property (patents, trademarks, formulas, copyrights, brand names, distributions systems, etc.) as a profit center. As they try to extract more value from their holdings, some of which have been left dormant for years, many are looking beyond their own core products to partnerships with outside industries. Now it its third edition, Intellectual Property: Licensing and Joint Venture Strategies provides the most up-to-date practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements.
Intellectual Property: The Rise Of Intellectual Property And How It Threatens Creativity (Very Short Introductions)
by Siva VaidhyanathanWe all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world. Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
Intellectual Property and Access to Medicines in Africa: A Regional Framework for Access (Routledge Research in Intellectual Property)
by Olasupo OwoeyeA major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.
Intellectual Property and Access to Medicines in Africa: A Regional Framework for Access (Routledge Research in Intellectual Property)
by Olasupo OwoeyeA major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.
Intellectual Property and Biodiversity: Rights to Animal Genetic Resources
by Michelangelo TemmermanBiotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.
Intellectual Property and Clean Energy: The Paris Agreement and Climate Justice
by Matthew RimmerThis collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.
Intellectual Property and Competition Law
by Peter Chrocziel Moritz LorenzInevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere.
Intellectual Property and Development: Theory and Practice
by Rami M. OlwanThe book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
Intellectual Property and Development: Geographical Indications in Practice (Routledge Research in Intellectual Property)
by Barbara PickThe legal protection of geographical indications (GIs) is characterised by a variety of approaches which translates the many objectives attached to them. These range from protection of the consumers and producers’ interests against unfair competition practices, to territorial development, to preservation of cultural heritage and natural resources. Looking beyond formal legal protection for GIs, this book seeks to re-draw attention to what happens in the real world by exploring the opportunities and constraints which influence whether regional product branding initiatives are successful. It asks: what makes GIs work in practice and does the type of legal protection matter? To answer these questions, this book takes a comparative case study approach and draws upon empirical data collected from 12 GI initiatives in two countries, France and Vietnam. In doing so, this book not only provides new insights and perspectives to the ongoing international legal dispute over GIs, it also contributes to unpacking the factors that make GIs work in practice to bring about economic and non-economic benefits and ultimately support the empowerment of local producers. This book will be of interest to legal academics and practitioners as well as food sociologists, economists, anthropologists and rural development experts.
Intellectual Property and Development: Geographical Indications in Practice (Routledge Research in Intellectual Property)
by Barbara PickThe legal protection of geographical indications (GIs) is characterised by a variety of approaches which translates the many objectives attached to them. These range from protection of the consumers and producers’ interests against unfair competition practices, to territorial development, to preservation of cultural heritage and natural resources. Looking beyond formal legal protection for GIs, this book seeks to re-draw attention to what happens in the real world by exploring the opportunities and constraints which influence whether regional product branding initiatives are successful. It asks: what makes GIs work in practice and does the type of legal protection matter? To answer these questions, this book takes a comparative case study approach and draws upon empirical data collected from 12 GI initiatives in two countries, France and Vietnam. In doing so, this book not only provides new insights and perspectives to the ongoing international legal dispute over GIs, it also contributes to unpacking the factors that make GIs work in practice to bring about economic and non-economic benefits and ultimately support the empowerment of local producers. This book will be of interest to legal academics and practitioners as well as food sociologists, economists, anthropologists and rural development experts.
Intellectual Property and Development: Liber amicorum Pedro Roffe
by Carlos Correa Xavier SeubaThis book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law.The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.
Intellectual Property And Emerging Technologies: The New Biology (Queen Mary Studies In Intellectual Property Ser. (PDF))
by Matthew Rimmer Alison McLennanThis unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law - such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 - while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges - such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects - such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK, and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists, and researchers.
Intellectual Property and EU Competition Law
by Jonathan D. TurnerThe interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property. This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission. The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.