Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.
EC and UK Competition Law: Commentary, Cases and Materials offers a clear, concise and comprehensive account of the competition rules of the EC and the UK. EC Competition rules are an important source of consultation, increasingly serving as a model followed by many countries when adopting or developing competition rules within their domestic legal systems. This book offers a single up-to-date source of all the important cases, legislation and guidelines, clearly annotated and presented. With a detailed commentary and case studies (with model answers) throughout, this book eliminates the need for students to consult multiple sources. Key developments in EC and UK competition law are covered: Regulation 139/2004 and Guidelines on Horizontal Mergers; Regulation 772/2004 and Guidelines on Technology Transfer Agreements; the Enterprise Act 2002; and recent amendments to the Competition Act 1998. Recent EC and UK judgments and decisions are covered: Commission v Bayer; Michelin v Commission; VW v Commission; and the Microsoft decision.
The concept of the “Creative University” signals that higher education stands at the center of the creative economy indicating the growing significance of intellectual capital and innovation for economic growth and cultural development. Increasingly economic activity is socialised through new media and depends on immaterial and digital goods. This immaterial economy includes new international labour markets that demand analytic skills, global competencies and an understanding of markets in tradeable knowledges. Delivery modes in education are being reshaped. Global cultures are spreading in the form of knowledge and research networks. Openness, networking, cross-border people movement, flows of ideas, capital and scholars are changing the conditions of imagining and producing creative work. The economic aspect of creativity refers to the production of new ideas, aesthetic forms, scholarship, original works of art and cultural products, as well as scientific inventions and technological innovations. It embraces both open source communication as well as commercial intellectual property. This collection explores these ideas as the basis for a new development agenda for universities.
Intellectual property law's influence extends to every aspect of human life. The markings on a can of Coca-cola, the rights in the books, music, pictures, drama, films and electronic information sources we all use, even the shape of our pen, architecture and the science behind the latest attempt on space exploration all form its subject matter. This popular text explains and examines the often complicated law which protects and preserves new ideas and outlines how intellectual property rights allow right owners to stop others taking their creations. The changes in the new edition reflect this rapidly expanding field. This textbook includes: amendments to major decisions from the House of Lords and the European Court of Justice recent legislation such as the Patents Act 2004 the effect of developments in information technology on copyright and patent principles recent case law including Kirin-Amgen Inc v Hoechst Marion Roussel Ltdand British Horseracing Board Ltd v William Hill Organization the impact of UK, EC and EU competition laws on intellectual property rights a new chapter devoted to protection for image new coverage relating to domain names an examination of the increasing attention to human rights in intellectual property law. This thoughtful and thought-provoking text is essential reading for any student of intellectual property law. With further reading at the end of each chapter, it is the ideal introduction to a thorough understanding of intellectual property law.
In this book David Emanuel Andersson undertakes the difficult task of reconciling institutional theories of property rights, transaction costs and norms, with Austrian economics, Lancaster s consumer theory, regional economics and evolutionary economics. The result is a success, the connections outlined make sense and convincing illustrative cases are offered. The book should be read by everyone interested in how the challenges to neoclassical equilibrium theory that have emerged since the 1960s are related. Per-Olof Bjuggren, Jönköping University, Sweden Property Rights, Consumption and the Market Process extends property rights theory in new and exciting directions by combining complementary insights from Austrian, institutional and evolutionary economics. Mainstream economics tends to analyse property rights within a static equilibrium framework. In this book David Andersson reformulates property rights theory as an evolutionary theory of the market process. This original work includes many valuable insights and new analysis such as: combining Yoram Barzel s theory of property rights, Ludwig Lachmann s theory of capital, the resource-based view of the firm and the entrepreneurship theories of Frank Knight, Joseph Schumpeter and Israel Kirzner applying Ronald Inglehart s theory of value change to discontinuities in how imitative behaviour influences consumer choice a new distributional perspective on the Hayekian knowledge problem a model of consumer choice that combines lexicographic characteristics and learning processes a methodological approach that considers the perceived causal and evidential utilities of a theory original empirical material (hedonic price functions and case studies) and new areas of application for important computer simulation results. David Andersson s book will be warmly welcomed by heterodox economists and new institutional economists, as well as economists of entrepreneurship studies, regional development and urban planning.
Since the creation of the comic book, cases of legal conflict and confusion have often arisen where concepts such as public domain, unincorporated entities and moral rights are involved. As a result, comics creators are frequently concerned about whether they are protecting themselves. There are many questions and no single place to find the answers—that is, until now. Entertaining as it instructs, this book seeks to provide those answers, examining the legal history of comics and presenting information in a way that is understandable to everyone. While not seeking to provide legal advice, this book presents the legal background in plain English, and looks at the stories behind the cases. Every lawsuit has a story and every case has lessons to be learned. As these lessons are explored, the reader will learn the importance of contracts, the basics of copyright and trademark, the precautions necessary when working with public domain characters and the effects of censorship.
Slavery, Property Rights, and the Economic Origins of the Civil War
Author: James L. Huston
Publisher: UNC Press Books
While slavery is often at the heart of debates over the causes of the Civil War, historians are not agreed on precisely what aspect of slavery-with its various social, economic, political, cultural, and moral ramifications-gave rise to the sectional rift.
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
This book of readings is a flexible resource for undergraduate and graduate courses in the evolving fields of computer and Internet ethics. Each selection has been carefully chosen for its timeliness and analytical depth and is written by a well-known expert in the field. The readings are organized to take students from a discussion on ethical frameworks and regulatory issues to a substantial treatment of the four fundamental, interrelated issues of cyberethics: speech, property, privacy, and security. A chapter on professionalism rounds out the selection. This book makes an excellent companion to CyberEthics: Morality and Law in Cyberspace, Third Edition by providing articles that present both sides of key issues in cyberethics.
Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues. There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Jefferson was in a unique position to understand the issues of intellectual property rights. As a scientist, author, and inventor, he was a prolific creator. He was also a tireless consumer of others' works. As America's first patent commissioner, he decided which ideas merited protection and effectively created the patent review process. Jeffrey Matsuura profiles Jefferson's diverse and substantial experience with these issues and discusses the lessons Jefferson's efforts offer us today, as we grapple with many of the same challenges of balancing IP rights against an effort to foster creativity and innovation. --from publisher description
As the twenty-first century begins, significant changes are occurring in the way that services and goods are produced and consumed. One of the key drivers of this change is information and communications technology (ICT). It has transformed the role of space and time in patterns of economic development, in the rise of globalization and in the scale and structure of organizations. ICT has therefore accelerated the process of continual change and evolution that is the hallmark of both the capitalist economy and of organizations. Giving a student-friendly account of the diversity of theoretical perspectives, this outstanding book aids understanding the evolving economic geography of advanced capitalist economies. A series of detailed firm and employees' case studies from Europe, North America and the Asia Pacific, are used to inform useful theoretical case studies, which also investigate the significance of increased blurring of the lines between services and manufacturing functions in the production and consumption process.
Routledge Q&As – your path to exam success! Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique. Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer. Key cases and legislation are highlighted within the text for ease of reference Boxed answer plans after each question outline the major points you should be aiming to convey within your answer The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more. But don’t just take our word for it! "The book was an answer to my prayers... I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!" Azmina Thanda, 2nd year LLB "The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams." Deaglan McArdle, 3rd year LLB
Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.
Holyoak and Torremans Intellectual Property Law provides a complete introduction and overview of UK intellectual property law. It examines how the law has developed through key statutory provisions and leading cases, and highlights the increasing influence of the EU and other international jurisdictions in shaping the law in its global context.
We learn the best when we, ourselves, discover ideas, concepts and principles through exploration and application. This makes learning a joy. This book is committed to making the learning of law engaging and interesting. A description of the early chapters on the contract law could serve as an illustration of the method of the book. The exercises in the book make the reader familiar with legal provisions. This is strengthened by commentary and review of court cases. The interface of law with management is the organizing theme of the book. Designed for the MBA Students, It would help them become complete managers.