The Internet And The Emerging Importance Of New Forms Of Intellectual Property

The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.

Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

This book explores the challenges that emerging technologies and technology driven practices pose for traditional notions of intellectual property (IP) law and policy. Chapters offer perspectives from across the IP law spectrum and address questions such as; is the law evolving in the right direction and is the regulation of emerging technology supported by sound policy objectives? Covering a diverse range of topics, this book exposes the intimate relationship between IP and technology.

The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment.

"Law school casebook on intellectual property in a global context"--

International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP

Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.