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Intellectual Property in Global Governance: A Development Question (Routledge Research in Intellectual Property)
by Chidi OguamanamIntellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.
Intellectual Property in Innovationskooperationen: Zuordnung von IP in unternehmensübergreifenden Prozessen der Innovationserstellung
by Michael HorethDas Management und der Schutz des geistigen Eigentums eines Unternehmens (Intellectual Property – IP) sind besonders für innovative Unternehmen von signifikanter, strategischer Bedeutung. Angesichts der zunehmenden Interaktionen und Kooperationen von Unternehmen bei der Innovationserstellung mit externen Dritten, erscheint der adäquate Einsatz juristischer (z.B. Patent, Design oder Marke) und faktischer Schutzinstrumente unabdingbar, um die Wettbewerbsfähigkeit eines Unternehmens zu erhalten oder sogar nachhaltig zu verbessern. Der effektive Umgang mit unternehmerischem IP im (kooperativen) Innovationsprozess ist, bedingt durch die Interdisziplinarität, jedoch mit Herausforderungen für das Management verbunden.Dr. Michael Horeth vermittelt ein weitreichendes Bild betriebswirtschaftlicher und juristischer Aspekte, das eine umfassende Perspektive auf die unternehmerische Innovationserstellung und die damit einhergehenden Aufgaben und Herausforderungen ermöglicht. Er bietet dabei fundierte Einblicke hinsichtlich der Entstehung und des Umgangs mit IP in (kooperativen) Innovationsprozessen. Besonderer Fokus wird dabei auf ein ganzheitliches Portfolio von Schutzinstrumenten für Innovationen, die Zuordnung der Rechtspositionen und die Gestaltung des Innovationsprozesses gelegt.
Intellectual Property in Russia (Routledge Studies in the Economics of Business and Industry)
by Anna S. Vlasova Natalia M. UdalovaIntellectual property rights are essential for a firm’s competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.
Intellectual Property in the New Technological Age 2017 (Volume I: Perspectives, Trade Secrets and Patents)
by Mark A. Lemley Peter S. Menell Robert P. MergesLaw school case/text book covering intellectual property law. Volume I surveys philosophical perspectives, trade secret law, and patent law.
Intellectual Property in the New Technological Age: Copyrights, Trademarks and State IP Protections
by Mark A. Lemley Peter S. Menell Robert P. MergesIntellectual Property in the New Technological Age provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. Volume II covers copyright law, trademark law, and state intellectual property law protections.
Intellectual Property in the New Technological Age: Vol. I Perspectives, Trade Secrets And Patents
by Mark A. Lemley Shyamkrishna Balganesh Peter S. Menell Robert P. MergesIntellectual Property in the New Technological Age provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. Volume II covers copyright law, trademark law, and state intellectual property law protections.
Intellectual Property in the New Technological Age: Vol. II, Copyrights, Trademarks and State IP Protections
by Mark A. Lemley Shyamkrishna Balganesh Peter S. Menell Robert P. MergesIntellectual Property in the New Technological Age provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. Volume II covers copyright law, trademark law, and state intellectual property law protections.
Intellectual Property, COVID-19 and the Next Pandemic: Diagnosing Problems, Developing Cures
by Madhavi Sunder Haochen SunThis volume assesses the role of intellectual property in pandemic times through lessons learned from COVID-19. Authored by an international roster of experts, chapters diagnose causes for the inequitable distribution of lifesaving COVID-19 vaccines and offer concrete suggestions for reform. From delinking vaccine development from monopoly rights in technology, to enhanced legal requirements under national and international law for sharing publicly funded technologies, to requiring funding from rich nations to former colonies to build local vaccine manufacturing capacity in low and middle-income countries (including those in Africa), this work highlights timely IP reforms that prepare us for the next pandemic. This title is also available as Open Access on Cambridge Core.
Intellectual Property, Community Rights and Human Rights: The Biological and Genetic Resources of Developing Countries (Routledge Research in Intellectual Property)
by Marcelin Tonye MahopThis book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Intellectual Property, Design Innovation, and Entrepreneurship (Springer Series in Design and Innovation #11)
by Matthias HillnerThis book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up’s survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. “Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner’s thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers’ better understanding of design in the context of successful business strategies and IPR. Given design’s significant contribution to global economies, I am confident it will offer much needed guidance.”Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID)"This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University
Intellectual Property, Finance and Corporate Governance (Routledge Research in Intellectual Property)
by Janice DenoncourtIP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society’s rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors’ stewardship of those assets – a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.
Intellectual Property, Indigenous People and their Knowledge
by Peter DrahosAfter colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.
Intellectual Property, Innovation and Economic Development: New Evidence and Policy Implications (Intellectual Property, Innovation and Economic Development)
by Carsten Fink Ernest MiguelezThe international mobility of talented individuals is a key part of globalization. In the quest to promote innovation and entrepreneurship, many governments have sought to attract skilled migrants from abroad, inciting both a global competition for talent and concerns about the displacement of domestic workers. This important new work investigates why skilled individuals migrate and how they shape innovation around the world. Using patent data from the World Intellectual Property Organization (WIPO), it charts patterns of high-skilled migration worldwide. In addition, contributions by leading migration scholars review the latest research insights, discuss new approaches to studying high-skilled migration and present fresh evidence on the causes and consequences of greater talent mobility. This book will prove invaluable to policymakers seeking to understand how migration policy choices affect innovation outcomes as well as academic researchers interested in the migration-innovation nexus.
Intellectual Property, Innovation and Economic Inequality
by Keun Lee Daniel Benoliel Peter K. Yu Francis GurryWhile growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles timely issues like race and gender disparities and the North-South divide in innovation. This book is available as Open Access on Cambridge Core.
Intellectual Property, Innovation and Management in Emerging Economies (Routledge Studies in the Growth Economies of Asia)
by Ruth TaplinThis book argues that intellectual property (IP) management development and innovation are fundamental to economic development , especially in newly emerging economies which often hold vast reserves of natural resources and human knowledge that remain unprotected. It sheds light on countries that are gradually realising this situation, with examples from many parts of the world, including Eastern Europe, Africa and especially Asia including India, where a great deal is being made of innovation and intellectual property to stimulate economic growth. These case studies are seen within the theoretical context of the future of cross-border IP which is slowly becoming a reality. Specific examples go beyond the patent prosecution highway, to which China has also recently signed up, and India’s development of generic drugs at lower costs. Experts in the field including practising IP lawyers explain and criticise current and new models being tested in emerging economies concerning IPR. Original case studies of hitherto little understood breaches of African trademarks by the US and Japan, and patenting mistakes in relation to little known Indian forest plants all damage emerging economies and their native people's lives. While proper implementation of IP laws by emerging economies themselves can lead to positive outcomes for all involved, the key is an independent judiciary coupled by thoughtful and thoroughly understood implementation of IP laws within the context of cross border IP. The book shows through models how different emerging economies are at various levels of developing their IPR and what paths they are taking to do this. Finally, it provides a comprehensive assessment of the ways in which innovation, protection and enforcement of IP laws can help newly emerging economies achieve economic growth without destroying natural and human resources, while moving ahead from the current global financial crisis.
Intellectual Property, Medicine and Health: Current Debates (Intellectual Property, Theory, Culture Ser.)
by Johanna GibsonIntellectual Property, Medicine and Health examines critical issues and debates, including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The second edition accounts for recent and in some areas extensive developments in this dynamic and fast-moving field. This edition brings together new and updated examples and analysis in competition and regulation, gene-related inventions and biotechnology, as well as significant cases, including Novartis v Union of India.
Intellectual Property, Medicine and Health: Current Debates (Intellectual Property, Theory, Culture)
by Johanna GibsonIntellectual Property, Medicine and Health examines critical issues and debates including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The central question of trust and the beneficial interests of society in the use of products of intellectual property, particularly in the fulfillment of the right to access medicinal products, emerge as key to achieving meaningful access to knowledge in health and medicine and the realization of relevant and equitable use of the benefits of scientific research in all societies.
Intellectual Property, Traditional Knowledge and Cultural Property Protection: Cultural Signifiers in the Caribbean and the Americas (Routledge Research in Intellectual Property)
by Sharon B. Le GallInternational developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.
Intellectual Property: Valuation, Exploitation, and Infringement Damages (Intellectual Property-general, Law, Accounting And Finance, Management, Licensing, Special Topics Ser.)
by Russell L. ParrA new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.
Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2022 Cumulative Supplement (Wiley Nonprofit Authority Ser.)
by Russell L. Parr Yuridia CaireStay informed about every major and recent development in the law of intellectual property in the US In the 2022 Cumulative Supplement to the 5th edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, a renowned team of authors delivers a comprehensive and authoritative review of the most relevant and impactful changes to the legal regime governing intellectual property in the United States. Current to the year 2022, the Supplement explores the legislative and regulatory changes, as well as major developments in case law, affecting intellectual property in the US. An indispensable update for lawyers advising founders, entrepreneurs, and executives in any industry, and business leaders themselves, this volume is a one-stop resource covering every applicable recent change in a rapidly evolving area of the law.
Intellectual Shamans, Wayfinders, Edgewalkers, and Systems Thinkers: A special theme issue of The Journal of Corporate Citizenship (Issue 62)
by Sandra Waddock Edwina Pio Chellie Spiller Malcolm Mcintosh Judith Ann NealThis special issue of the Journal of Corporate Citizenship honours the voice of the Changemaker, Wayfinder, Edgewalker, and Intellectual Shaman in particular. It is contended that we can all become Shamans, Wayfinders, and Edgewalkers, if we open up to the possibility that our work, whatever it is, is part of the healing process. With contributions from North America, Europe, Africa and Australasia, this issue addresses the ideas of corporate citizenship from perspectives entirely removed from the mainstream.
Intellectual and Cultural Property: Between Market and Community
by Fiona MacmillanThis book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
Intellektuelles Kapital in deutschen Non-Profit-Organisationen: Eine empirische Studie
by Katrin BlankenburgDieses Buch beschreibt, wie Non-Profit-Organisationen (NPOs) kommunizieren, was sie ausmacht, Erfolg signalisieren und Nachhaltigkeit zeigen, um Stakeholder davon zu überzeugen, wichtige Ressourcen bereitzustellen. Einen lohnenswerten Ansatz bieten Berichte zum intellektuellen Kapital. Auf der Grundlage empirischer Untersuchungen zeigt das Buch auf, welche Ressourcen für NPOs unverzichtbar sind, welche Anforderungen an Organisationen gestellt werden und welche Abhängigkeiten zwischen diesen Ressourcen und Anforderungen bestehen. Diese Erkenntnisse helfen gemeinnützigen Organisationen, die notwendigen Informationen bereitzustellen und dabei die Offenlegung auf ein Minimum zu beschränken, um mögliche Wettbewerbsvorteile nicht zu verschenken. Des Weiteren wird der Status quo der Offenlegung von IK in Deutschland dargestellt und ein theoretischer Rahmen für die Motivation von NPOs, Informationen über ihre IK offenzulegen, vorgestellt. Diese Ergebnisse bilden eine solide Grundlage für weitere Forschungen. Schließlich wird ein Rahmen für die Offenlegung von intellektuellem Kapital zur Unterstützung von Praktikern bereitgestellt.
Intelligence Analysis Fundamentals
by Godfrey Garner Patrick McGlynnThere are a limited number of intelligence analysis books available on the market. Intelligence Analysis Fundamentals is an introductory, accessible text for college level undergraduate and graduate level courses. While the principles outlined in the book largely follow military intelligence terminology and practice, concepts are presented to correlate with intelligence gathering and analysis performed in law enforcement, homeland security, and corporate and business security roles. Most of the existing texts on intelligence gathering and analysis focus on specific types of intelligence such as ‘target centric’ intelligence, and many of these, detail information from a position of prior knowledge. In other words, they are most valuable to the consumer who has a working-level knowledge of the subject. The book is general enough in nature that a lay student—interested in pursuing a career in intelligence, Homeland Security, or other related areas of law enforcement—will benefit from it. No prior knowledge of intelligence analysis, functions, or operations is assumed. Chapters illustrate methods and techniques that, over the years, have consistently demonstrate results, superior to those achieved with other means. Chapters describe such analytical methods that are most widely used in the intelligence community and serve as recognized standards and benchmarks in the practice of intelligence analysis. All techniques have been selected for inclusion for their specific application to homeland security, criminal investigations, and intelligence operations. Uses numerous hands-on activities—that can easily be modified by instructors to be more or less challenging depending on the course level—to reinforce concepts As current and active members of the intelligence community, the authors draw on their decades of experience in intelligence to offer real-world examples to illustrate concepts All methodologies reflect the latest trends in the intelligence communities assessment, analysis, and reporting processes with all presented being open source, non-classified information As such, the non-sensitive information presented is appropriate—and methods applicable—for use for education and training overseas and internationally Military-style collection and analysis methods are the primary ones presented, but all are directly correlated intelligence to current concepts, functions and practices within Homeland Security and the law communities Covers the counterterrorism environment where joint operations and investigative efforts combine military, private sector, and law enforcement action and information sharing The book will be a welcome addition to the body of literature available and a widely used reference for professionals and students alike.
Intelligence Support Systems: Technologies for Lawful Intercepts
by Paul Hoffmann Kornel TerplanTelecommunications service providers face increasing information assistance requests to help law enforcement while they simultaneously struggle with CapEx and OpEx reductions. On the other hand, law enforcement agencies face expensive telecommunication interface options for data collection as they battle with a growing backlog of subpoena requests.