Intellectual Property and Information Wealth: Issues and Practices in the Digital Age

Overview

Until recently, issues of intellectual property were relegated to the experts--attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs...

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Overview

Until recently, issues of intellectual property were relegated to the experts--attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors. Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks atthe protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.

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Product Details

  • ISBN-13: 9780275988838
  • Publisher: Greenwood Publishing Group, Incorporated
  • Publication date: 12/28/2006
  • Series: Praeger Perspectives Series

Meet the Author

PETER K. YU is Associate Professor of Law and Founding Director of the Intellectual Property and Communications Law Program at Michigan State University College of Law. He also holds appointments in the Asian Studies Center and the Department of Telecommunication, Information Studies and Media at Michigan State University. He speaks at professional and academic forums around the world on issues of intellectual property, media and communications law, and international business and trade. Frequently quoted and cited in the popular press, he is the author of many articles and book chapters, and author or editor of several books, including International Intellectual Property Law and Policy, The Marketplace of Ideas, and Russian Media Law and Policy in the Yeltsin Decade.

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Table of Contents

Introduction

1 Originality and Creativity in Copyright Law

2 Borrowing

3 Who Is an Author?

4 Authorship by Legal Fiction: Employers Copyrights in Works Made for Hire

5 Copyright Duration: Theories and Practice

6 Fair Use and Social Practices

7 First Sale?

8 Copyright Issues in Fandom

9 Copynorms: Copyright Law and Social Norms

10 Finding Safe Harbors for Speech: Internet Service Providers and Copyright Law

11 To Observe and Protect? How Digital Rights Management Systems Threaten Privacy and What Policymakers Should Do About It

12 Library Copyright Issues

13 Collective Rights Organizations

14 Creative Commons

15 Open Source Software and Information Wealth

16 Concentration in the Copyright Industries

17 Copyright Law and Black Musicians

18 The Propertization of Copyright

19 Virtual Property and the Overextension of Copyright Licensing Online

20 Resistance in the Digital World

Index

About the Editor and Contributors

Volume II

Introduction

1 Nonobvious as an Exercise in Gap Measuring

2 The On-Sale Bar

3 Doctrine of Equivalents

4 The Research Exemption to Patent Infringement: The Delicate Balance Between Current and Future Technical Progress

5 Patent Infringement Remedies

6 Patent Litigation and Licensing

7 Patent Misuse: From Inception to Modern Case Law

8 Nonobvoiusness: Looking Back and Looking Ahead

9 Patent Quality and Patent Reforms

10 Seed Wars: Controversies Over Access to and Control of Plant Genetic Resources

11 The Intended and Unintended Consequences of the Bayh-Dole Act

12 Reassessing the Anticommons Debate in Light of Biotechnology Patent Trends

13 A GlobalControversy: The Role of Morality in Biotech Patent Law

14 Patents, Human Genome, and Medical Research

15 Software Patents

16 Technology Transfer and IP Management

17 Trade Secrets

Index

About the Editor and Contributors

Volume III

Introduction

1 Likelihood of Confusion

2 Initial Interest Confusion: The Diversion of Trademark Law

3 Scandalous and Immoral Trademarks

4 International Recognition and Protection of Famous and Well-Known Marks

5 Trademark Dilution

6 Trademark Fair Use or Bad Faith Analysis

7 First Amendment Limitations on Trademark Rights

8 Authorship and Trademark Law

9 Trade Dress Protection

10 A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law

11 What's the Frequency, Kenneth? Channeling Doctrines in Intellectual Property

12 The Territorialitiy of United States Trademark Law

13 Clothing Designs

14 Domain Names Issues

15 Right of Publicity and Cultural Images

16 IP and Secured Financings

17 IP and Tax

Index

About the Editor and Contributors

Volume IV

Introduction

1 The Architecture of the International Intellectual Property System

2 Doing Deals with Al Capone: Paying Protection Money for Intellectual Property in the Global Knowledge Economy

3 The TRIPs Agreement

4 Challenges for International Harmonization of Intellectual Property Rights

5 Beyond FTA Negotiations

6 The Romance of the Public Domain

7 International Intellectual Property, Conflicts of Law, and Internet Remedies

8 Enforcement and Protection: Internal and External Considerations

9 Recognizing Authority in the Marketplace: The Curious and Ubiquitous Problem of Gray Markets

10 The EC Duration Directive and Its Legislative Background: An Example for the Complexity of the Harmonization of Laws in the European Community

11 Across the Pond and Back Again: Digital Database Protection in the European Union and the United States

12 Of Plant Variety Protection, Agricultural Subsidies, and the WTO

13 Geographical Indications

14 The Myth of Trademark Harmonization

15 When the Same Patent Means Different Things in Different Jurisdictions: A Comparative Analysis of Patent Interpretation

16 Indigenous Peoples and Emerging Protections for Traditional Knowledge

17 The Role of Intellectual Property in Promoting International Trade and Foreign Direct Investment

18 The Economics of Global Intellectual Property and Economic Development: A Survey

19 Intellectual Property, Biological Resources, and Traditional Knowledge

20 IP and Pubic Health

21 IP and the Development Agenda

Index

About the Editor and Contributors

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