The Innovation Society and Intellectual Property

The Innovation Society and Intellectual Property

Author: Josef Drexl

Publisher: Edward Elgar Publishing

ISBN: 9781789902358

Category:

Page: 328

View: 839

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Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.

Intellectual Property As a Complex Adaptive System

Intellectual Property As a Complex Adaptive System

Author: Anselm Kamperman Sanders

Publisher: Edward Elgar Publishing

ISBN: 1800378378

Category:

Page: 240

View: 240

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This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe's capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public-private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing. Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.

Intellectual Property as a Complex Adaptive System

Intellectual Property as a Complex Adaptive System

Author: Kamperman Sanders, Anselm

Publisher: Edward Elgar Publishing

ISBN: 9781800378384

Category: Law

Page: 232

View: 667

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This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale.

Intellectual Property and the Law of Nations, 1860-1920

Intellectual Property and the Law of Nations, 1860-1920

Author:

Publisher: BRILL

ISBN: 9789004511439

Category: Law

Page: 440

View: 172

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This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.

Intellectual Property Protection for AI-generated Creations

Intellectual Property Protection for AI-generated Creations

Author: Ana Ramalho

Publisher: Routledge

ISBN: 9781000513257

Category: Law

Page: 172

View: 962

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This book explores the intersection between artificial intelligence and two intellectual property rights: copyright and patents. The increasing use of artificial intelligence for generating creative and innovative output has an impact on copyright and patent laws around the world. The book aims to map and analyse that impact. The author considers how artificial intelligence systems may aid, or in some cases substitute for, human creators and inventors in the creative process. It is from this angle that the copyright and patent regimes in four jurisdictions (Europe, the United States, Australia and Japan) are investigated in depth. The author describes how these jurisdictions look at works and inventions generated through a process where artificial intelligence is present or prevalent, and examines how copyright and patent regimes should adapt to the reality of artificially intelligent creators and inventors. As the use of artificial intelligence to generate creative and innovative products becomes more common, this book will be a valuable resource to researchers, academics and policy makers alike.

Intellectual Property Rights

Intellectual Property Rights

Author: Birgitte Andersen

Publisher: Edward Elgar Publishing

ISBN: 9781847201522

Category: Law

Page: 384

View: 822

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The book presents an impressive line-up of experts in the increasingly relevant field of law and economics, an area that has particular relevance to the issue of IP rights. . . an excellent collection of cutting-edge research. . . an essential read for those interested in the economic impact of IPRs. . . a highly recommended collection. Andrés Guadamuz, Journal of Intellectual Property Law and Practice Intellectual property policy has been framed too commonly in terms of refining and strengthening legal rights. As intellectual property grows in scope and importance, the limitations of this narrow approach have become all too apparent. This important collection puts the policy problems in proper perspective by assembling the work of leading scholars and researchers who examine intellectual property rights in terms of how they actually work in legal, economic, and institutional contexts. Brian Kahin, University of Michigan and formerly White House Office of Science and Technology Policy, US For a long time we have thought about IPRs as a policy instrument to avoid a "tragedy of commons". The essays collected by Birgitte Andersen show that in the XXI century economy there is another, and so far underestimated, danger: a sort of "tragedy of markets" where every knowledge or cultural expression becomes privatised. This will generate a greater knowledge and culture divide, with an increased corporate dominance. Those who are afraid of the dangers of exclusion and believe that open access to science, technology and culture will lead us in a more intriguing world will find convincing arguments and explanations in this volume. Daniele Archibugi, Italian National Research Council, Italy There is a growing need to understand the role of the regulation of intellectual property rights (IPRs), in order not only to achieve economic performance, growth and sustainable development at corporate, sectoral and global levels, but also to provide a higher quality of life for communities worldwide. Intellectual Property Rights is cutting edge in addressing current debates affecting businesses, industry sectors and society today, and in focusing not only on the enabling welfare effects of IPR systems, but also on some of the possible adverse effects of IPR systems. The main areas covered in the book are: the global commons in an era of corporate dominance and privatisation of the public domain, including science, culture, and healthcare under TRIPS the rationales for IPRs, and the importance of an appropriate design of an IPR regime in achieving its objectives opening the black box of IPR offices and critically reviewing how they affect economic performance in both theory and practice coordinating the institutions (state versus sector institutions, knowledge networks, innovation systems) creating and extracting financial and non-financial value from patents and copyrights. This book challenges the existing mainstream thinking and analytical frameworks dominating the theoretical literature on IPRs within economics, management, politics, law and regulation theory. It is relevant for policymakers, business analysts, industrial and business economists, researchers and students.

Smart Urban Mobility

Smart Urban Mobility

Author: Michèle Finck

Publisher: Springer Nature

ISBN: 9783662619209

Category: Law

Page: 340

View: 824

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This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.

25 Years of the TRIPS Agreement

25 Years of the TRIPS Agreement

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

ISBN: 9789403528847

Category: Law

Page: 320

View: 331

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When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.

Intellectual Property, Human Rights and Competition

Intellectual Property, Human Rights and Competition

Author: Abbe Elizabeth Lockhart Brown

Publisher: Edward Elgar Publishing

ISBN: 9780857934970

Category: Law

Page: 236

View: 106

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ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Handbook of Research on Emerging Trends and Technologies in Library and Information Science

Handbook of Research on Emerging Trends and Technologies in Library and Information Science

Author: Kaushik, Anna

Publisher: IGI Global

ISBN: 9781522598275

Category: Language Arts & Disciplines

Page: 434

View: 685

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With the perpetual advancements of technology, library and information science professionals are tasked with understanding these technologies and providing accurate and comprehensive information to other potential users. These professionals must develop best practices for understanding these technologies in order to best serve other users. The Handbook of Research on Emerging Trends and Technologies in Library and Information Science is a critical research book that examines advancing technologies and new innovations and their influences on library and information sciences for improved best practices. Featuring an array of topics such as digital libraries, distance education, and information literacy, this publication is essential for librarians, knowledge managers, information retrieval specialists, library and information science professionals, information scientists, researchers, web librarians, academicians, educators, IT specialists, and managers.

Industrial Design and Artistic Expression

Industrial Design and Artistic Expression

Author: Barbara Pasa

Publisher: BRILL

ISBN: 9789004430310

Category: Art

Page: 144

View: 815

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The copyright/design interface for a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.