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The essential guide to intellectual property
This engaging and accessible study looks at the origins, evolution, purpose, and limitations of intellectual property. Detailing how intellectual property affects industry, politics, cultural expression, and medical research, Aram Sinnreich takes a multidisciplinary approach to uncover what's behind the current debates and what the future holds for copyrights, patents, and trademarks. Based on the notion that intellectual property law is not merely a property right but also a mechanism of cultural and economic regulation with significant consequences for democratic institutions, global businesses, arts, and the sciences, Sinnreich draws on media studies, communications, law, economics, and cultural studies as he provides a blueprint for understanding intellectual property rights and underlines the important and pervasive role that they play in everyone's lives.
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The eureka myth : creators, innovators, and everyday intellectual property
Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?
Incentivizing the \"progress of science and the useful arts\" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
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Implementing the World Intellectual Property Organization's development agenda
Contributed articles.
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Privilege and Property
What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).
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Intellectual property : a very short introduction
\"This Very Short Introduction surveys the key issues and controversies surrounding global intellectual property law and policy, considering the effects global standardization is having on both developed and developing nations and the relationships among them. Noted cultural historian and media scholar Siva Vaidhyanathan helps clarify both the basic terms and the major conflicts surrounding the fascinating and controversial idea of intellectual property\"-- Provided by publisher.
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The Law and Economics of Intellectual Property in the Digital Age
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.
Professor Eli M Salzberger was the Dean of the Faculty of Law at the University of Haifa and the President of the European Association of Law and Economics. His research and teaching areas are legal theory, economic analysis of law, legal ethics, and the Israeli Supreme Court.
Niva Elkin-Koren is the Dean of the University of Haifa Faculty of Law and the founding director of the Haifa Center for Law & Technology. Her research focuses on the legal institutions that facilitate private and public control over the production and dissemination of information. Their first co-authored book Law, Economic and Cyberspace was published by Edward Elgar in 2004.
Part 1: Intellectual Property, Law and Economics Introduction 1. Introduction to Law and Economics 2. The Rise of Intellectual Property Part 2: Normative Analysis 3. The Incentives Paradigm 4. The Proprietary Model of Intellectual Property Part 3: Central Intervention and Private Ordering 5. Intellectual Property and the Rise of Private Ordering 6. Intellectual Property in the Digital Era: Economic Analysis and Governance by Technology Part 4: Positive Analysis 7. A positive Analysis of Intellectual Property Law
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Law's regulatory relevance? : property, power and market economies
\"Focusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.\"-- Provided by publisher.
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The Protection of Traditional Cultural Expressions in Africa
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect.
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Human rights and intellectual property : mapping the global interface
\"This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students\"-- Provided by publisher.
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Intellectual Property Rights and the Life Science Industries
This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to “invent” life forms from scratch.
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