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.
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
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.
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
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.
The complex relationships of cultural creation in a globalized world
Author: Debora Halbert
Category: Political Science
This book seeks to make an intervention into the ongoing debate about the scope and intensity of global copyright laws. While mapping out the primary actors in the context of globalization and the modern political economy of information ownership, the argument is made that alternatives to further expansion of copyright are necessary. By examining the multiple and competing interests in creating the legal regime of copyright law, this books attempts to map the political economy of copyright in the information age, critique the concentration of ownership that is intrinsic in the status quo, and provide an assessment of the state of the contemporary global copyright landscape and its futures. It draws upon the current narratives of copyright as produced by corporate, government, and political actors and frames these narratives as language games within a global political project to define how information and culture will be shared and exchanged in the future. The text problematizes the relationship of the state to culture, comments on the global flows of culture, and critiques the regulatory apparatus that is in place to commodify culture and align it with the contemporary nation-state. In the end, the possibility of non-commodified and more open futures are explored. The State of Copyright will be of particular interest for students and scholars of international political economy, law, political science, anthropology, sociology, cultural studies, library sciences, and communication studies. It also will appeal to a growing popular audience that has taken an interest in the issues of copyright.
Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.
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.
The Evolving Role of Law in Russia’s Transition to Capitalism
Author: Ioannis Glinavos
Category: Business & Economics
This work examines ideas about the role of law and legal reform in the creation of market economies, focusing on the process of post communist transition in Russia. Processes of transition in Russia were guided by a set of very specific neoliberal ideas about the nature of markets and capitalism, about the role of law and the primacy of the economic over the legal and political. These ideas however have come under fire as a result of the Russian experience of transition and the serious problems encountered by reforms. This led to a revision of the original neoliberal ideas, not least concerning the role of law and its relationship to the economic and the political. The result has been the emergence of a much more complex body of ideas about the role law plays in economic transformation. This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia’s experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary capitalism. Neoliberalism and the Law in Post Communist Transition will equip scholars and students of development studies, law, political economy and international economics with a critical guide to transition focused on the often neglected legal aspect of the reforms.
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.
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.