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The Future of the Patent System
In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them. With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future.
Patent Law in Greater China
øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten
Indigenous Intellectual Property
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Research Handbook on Intellectual Property Exhaustion and Parallel Imports
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Regulatory Model for Digital Rights Management
This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.
Mechanisms to Enable Follow-On Innovation
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not ...
Econo-Legal Studies
This book is the first attempt to establish a collaborative and interdisciplinary field of economics and legal studies. It is designed to help readers – advanced undergraduate and graduate students, but also fellow scholars who are interested in interdisciplinarity – to think through the dual lenses of economics and law. “Econo-Legal Studies,” as we call it, is an economics that pays greater attention to the perspective and heritage of legal studies, and at the same time legal studies that fully utilize the views and methods of economics – while “law and economics” is just a one-way economic approach to law focusing on the effects of the latter on efficiency. The aim of this bo...
Exclusive Jurisdiction in Intellectual Property
Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--
Trademark and Unfair Competition Conflicts
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
