Framing Intellectual Property Law In The 21st Century

The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

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.

One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.

A practical approach to corporate IP operations and implementation Intellectual Property Operations and Implementation helps executives, attorneys, accountants, managers, and owners, understand the legal, technological, economic, and cultural changes that have affected corporate IP ownership and management. Page by page, it provides practical examples and advice from seasoned and enduring professionals who have adopted new and streamlined methods and practices whether as in-house or outside counsel, or service providers. Timely and relevant in view of the substantially global economic recession amidst rampant technological development and the resulting changes in law, practice, and culture Examines the decision making processes, activities, and changes of significant corporate intellectual property owners in today's new economy Important and timely, this book provides a global approach to corporate IP management.

Over the past two decades, globalization, digitization, and the rise of the Internet have each contributed to a new prominence for intellectual property law in public policy debates around the world. Questions about how intellectual property is controlled, licensed, used, and reused are all part of a growing public discourse that now engages far more than an elite cadre of lawyers. Because intellectual property law now trenches so deeply on issues of economics, culture, health, commerce, creativity, and intellectual freedom, it is no surprise that there is also a burgeoning literature on intellectual property issues that comes, not just from legal academics or lawyers, but from those trained in other disciplines. In the spring of 2012, the Centre for Law, Technology, and Society at the University of Ottawa hosted a workshop that sought to bring together academics from different disciplines interested in intellectual property law in order to stimulate discussion across disciplines, to encourage the development of collaborative efforts, and to produce a body of research that explores intellectual property law issues from explicitly interdisciplinary perspectives. The collection of papers in this book is the product of this workshop.

This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

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.

Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.