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INTELLECTUAL
PROPERTY AND INFORMATION WEALTH:
Issues and Practices in the Digital Age
(2007)
Published
by Praeger Publishers
Edited
by Peter K. Yu
ISBN
0-275-98882-1
Hardback.
4 volumes. |
Description
In
today's knowledge-based economy, intellectual property
protection has taken on fundamentally new proportions,
with profound implications for business, law, policy, and
culture. Featuring insights from leading scholars
and practitioners, Intellectual Property and
Information Wealth brings new clarity to the issues,
providing 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 at the 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, national sovereignty, human rights, and
public health.
Table
of Contents
Volume
1: Copyright and Related Rights
Preface
Prof. Peter K. Yu, Michigan State University College of
Law
Originality
and Creativity in Copyright Law
Prof. J. Russell Versteeg, New England School of Law
Copyright
and Borrowing
Prof.
Olufunmilayo B. Arewa, Northwestern University
School of Law Who
Is an Author?
Prof.
Mary LaFrance, William S. Boyd School of Law,
University of Nevada, Las Vegas
Employers as Authors:
Copyrights in Works Made for Hire
Prof.
Deborah Tussey, Oklahoma City University School of Law
Narrative's
Implications for Moral Rights in the United States
Prof. Roberta Rosenthal Kwall, DePaul University
College of Law
Intellectual
Property and Fashion Design
Prof. Susan Scafidi, SMU Dedman School of Law
Copyright
Duration: Theories and Practice
Prof.
Tyler T. Ochoa, Santa Clara University School of Law
Understanding
the Complexity of Music Copyrights in the United
States
Prof.
Lydia Pallas Loren, Lewis & Clark Northwestern
School of Law
Fair
Use and Social Practices
Prof.
Michael J. Madison, University of Pittsburgh School of
Law
Copynorms:
Copyright Law and Social Norms
Prof.
Mark F. Schultz, Southern Illinois University School of Law Twenty-first Century Libraries and Copyright
Prof.
Laura N. Gasaway, University of North Carolina School
of Law
Creating
in the Shadow of the Law: Media Fans and Intellectual
Property
Prof.
Rebecca Tushnet, Georgetown University Law Center
The
Evolving Doctrine of Copyright Misuse
Prof.
Brett Frischmann, Loyola University School of
Law—Chicago
Daniel Moylan, Murphy & Shaffer LLC
Finding
Safe Harbors for Speech: Internet Service
Providers and Copyright Law
Prof.
Matt Jackson, Department of Communications,
Penn State
University
To
Observe and Protect?: How Digital Rights Management
Systems Threaten Privacy and What Policymakers Should
Do About It
Prof.
Ian Kerr, University of Ottawa Faculty of Law
The
Propertization of Copyright
Prof.
Michael A. Carrier, Rutgers Law School—Camden
Concentration
in the Copyright Industries
Prof.
Ronald V. Bettig, Department of Communications,
Penn
State University
What
the Treatment of African-American Artists Can Teach
About Copyright Law
Prof. K.J. Greene, Thomas Jefferson School of Law
Virtual
Property and the Overextension of Copyright Licensing
Online
Prof.
Joshua A.T. Fairfield, Indiana University School of
Law—Bloomington
Open
Source Software and Information Wealth
Prof.
Greg R. Vetter, University of Houston Law Center
Creative
Commons as Conversational Copyright
Prof.
Michael W. Carroll, Villanova University School of Law
Volume
2: Patents and Trade Secrets
Preface
Prof. Peter K. Yu, Michigan State University College of
Law
Nonobviousness:
Looking Back and Looking Ahead
Prof.
Joseph Scott Miller, Lewis and Clark Law School
Nonobviousness
as an Exercise in Gap Measuring
Prof.
Christopher A. Cotropia, T.C. Williams
School of Law,
University of Richmond
The
Risks of Early Commercialization of an Invention: The
On-Sale Bar to Patentability
Prof.
Timothy R. Holbrook, Chicago-Kent College of Law
Patent
Protection Under the Modern Doctrine of Equivalents and
Implied Disclaimer Doctrines
Prof.
Joshua D. Sarnoff, Washington College of Law, American
University
When
the Same Patent Means Different Things in Different
Jurisdictions: A Comparative Analysis of Patent
Interpretation
Prof.
Michael D. Pendleton, School of Law, Chinese
University
of Hong Kong
The
Research Exemption to Patent Infringement: The
Delicate Balance Between Current and Future Technical
Progress
Prof.
Katherine J. Strandburg, DePaul University College of
Law
Patent
Misuse: From Inception to Modern Case Law
Prof.
Robin C. Feldman, U.C. Hastings College of the Law
Patent
Infringement Remedies
Prof.
Lawrence M. Sung, University of Maryland School of Law
Lessons
for Patent Policy from Empirical Research on Patent
Litigation
James Bessen, Director, Research on Innovation
Prof.
Michael J. Meurer, Boston University School of Law
Taking
Stock of the U.S. Patent System
Prof.
Jay P. Kesan, University of Illinois College of Law
Seed
Wars: Controversies Over Access to and Control of Plant
Genetic Resources
Prof.
Keith Aoki, University of Oregon School of Law
Kennedy Luvai, University of Oregon School of Law
The
Intended and Unintended Consequences of the Bayh-Dole Act
Prof.
Michael S. Mireles, Jr., University of Denver College of
Law
Reassessing
the Anticommons Debate in Light of Biotechnology Patent
Trends
Prof.
David E. Adelman, James E. Rogers College of Law,
University of Arizona
A
Global Controversy: The Role of Morality in
Biotechnology Patent Law
Prof.
Margo A. Bagley, Emory University School of Law Human
Genome Patenting and Its Implications for Medical Research
Prof.
Li Yahong, University of Hong Kong Faculty of Law
Software
Patents: The Evolution of the Useful Arts
Prof.
Richard S. Gruner, Whittier Law School
The
Cinderella of Intellectual Property Law: Trade Secrets
Prof.
Sharon K. Sandeen, Hamline University School of Law
Intellectual
Property Financing: The Intersection of Intellectual
Property and Secured Transactions
Prof.
Xuan-Thao Nguyen, SMU Dedman School of Law
Patent Donations and Tax Policy
Prof.
Xuan-Thao Nguyen, SMU Dedman School of Law
Prof.
Jeffrey A. Maine, University of Maine School of Law
Volume
3: Trademark and Unfair Competition Law
Preface
Prof. Peter K. Yu, Michigan State University College of
Law
Search
and Persuasion in Trademark Law
Prof. Barton Beebe, Benjamin N. Cardozo School of Law
Consumer-Confusion Analysis and Judicial Subjectivity in
Trademark Law
Prof.
Ann Bartow, University of South Carolina School of Law
Initial Interest Confusion: The Diversion of
Trademark Law
Prof.
Jennifer E. Rothman, Washington University School of Law
Trademarking the Immoral and Scandalous: Section 2(a) of the
Lanham Act
Prof.
Llewellyn Joseph Gibbons, The University of Toledo College
of Law
First Amendment Limitations on Trademark Rights
Prof.
Lisa P. Ramsey, University of San Diego School of Law
A Critical Analysis of the Doctrine of Naked Licenses in
Trademark Law
Prof.
Irene Calboli, Marquette University Law School
Authorship and Trademark Law
Prof.
Laura A. Heymann, William & Mary School of Law
What’s the Frequency, Kenneth? Channeling
Doctrines in Intellectual Property
Prof.
Mark P. McKenna, St. Louis University School of Law
The Territoriality of United States Trademark Law
Prof.
Graeme W. Austin, James E. Rogers College of Law,
University of Arizona
International Recognition and Protection of Famous and
Well-Known Marks
Frederick Mostert, Esq., Chief Intellectual Property Counsel,
Richemont
Trademark Dilution and the Evolution of Trademark Law
Prof.
David S. Welkowitz, Whittier Law School
The Myth of Trademark “Harmonization”
Prof.
Kenneth L. Port, William Mitchell College of Law
Distinctive Designs and Functional Products:
Limitations on the Protection of Trade Dress Under
Trademark Law
Prof.
Lars Smith, Louis D. Brandeis School of Law,
University of Louisville
Personality as Property: The Uneasy Case for
Publicity Rights
Prof.
Michael P. Madow, Brooklyn Law School
Names as Domains, Names as Marks: Issues Concerning the
Interface Between Internet Domain Names and Trademark
Rights
Zohar Efroni, Max Planck Institute for Foreign
and Patent, Copyright and Competition
Law, Germany
Taxing Trademarks and Domain Names
Prof.
Xuan-Thao Nguyen, SMU Dedman School of Law
Prof.
Jeffrey A. Maine, University of Maine School of Law
Volume
4: International Intellectual Property Law and
Policy
Preface
Prof. Peter K. Yu, Michigan State University College of
Law
The
Architecture of the International Intellectual Property
System
Prof.
Graeme B. Dinwoodie, Chicago-Kent College of Law
The
TRIPS Agreement and the Doha Round: History and Impact on
Economic Development
Prof.
Daniel J. Gervais, University of Ottawa Faculty of Law
Five
Disharmonizing Trends in the International Intellectual
Property Regime
Prof. Peter K. Yu, Michigan State University College of
Law
Beyond
FTA Negotiations: Implementing the New Generation of
Intellectual Property Obligations
David
Vivas Eugui, The International Centre for
Trade and Sustainable Development
Johanna
von Braun, The International Centre for
Trade and Sustainable Development
Doing Deals with Al Capone: Paying Protection Money for
Intellectual Property in the Global Knowledge Economy
Prof.
Peter Drahos, Research School of Social Sciences,
Australian National University
The
Economics of Global Intellectual Property and Economic
Development: A Survey
Prof.
Keith E. Maskus, Department of Economics, University
of Colorado—Boulder
The Role of Intellectual Property in Promoting
International Trade and Foreign Direct Investment
Prof.
Daniel Chow, Ohio State University College of Law
Enforcement and Protection: Internal and External
Considerations
Timothy
P. Trainer, Esq., Global Intellectual Property
Strategy Center, P.C.
Recognizing
Authority in the Marketplace: The Curious and Ubiquitous
Problem of Gray Markets
Prof.
Shubha Ghosh, SMU Dedman School of Law
International Intellectual Property, Conflicts of Laws,
and Internet Remedies
Paul
Edward Geller, Esq., general editor of International Copyright
Law and Practice
The EC Duration
Directive: An Example of the Complexity of EC
Copyright Harmonization
Prof.
Silke von Lewinski, Max Planck Institute for Foreign
and International Patent, Copyright and Competition
Law
A Slice of Parma Ham: Understanding the Protection of
Geographical Indications
Dr.
Dwijen Rangnekar, Warwick Law School
Across the Pond and Back Again: Digital Database
Protection in the European Union and the United States
Prof.
Jacqueline D. Lipton, Case Western Reserve University
School of Law
Intellectual Property, Biological Resources, and
Traditional Knowledge
Dr.
Graham Dutfield, Herchel Smith Senior Research Fellow,
Queen Mary College, University of London
Of Plant Variety Protection, Agricultural Subsidies and
the WTO
Prof.
Srividhya Ragavan, University of Oklahoma School of
Law
Indigenous Peoples and Emerging Protections for
Traditional Knowledge
Prof.
Angela R. Riley, Southwestern Law School
Approaches
to Accessing Essential Medicines and the TRIPS Agreement
Prof.
James Thuo Gathii, Albany Law School
Resistance in the Digital World
Prof.
Debora J. Halbert, Department of History and Political
Science, Otterbein College
The Romance of the Public Domain
Prof.
Anupam Chander, University of California-Davis School of
Law
Prof.
Madhavi Sunder, University of California-Davis School of
Law
Reviews
"Questions
surrounding the library's photocopy machine, internet
file-sharing services, fake designer handbags, pollen from
genetically-engineered plants, and access in the
developing world to patented medicines are all part of the
growing intellectual property debate. The field of
intellectual property has grown to such oceanic
proportions that a four-volume 'comprehensive
mini-library' on the topic barely skims the surface. In
Editor Peter K. Yu's Intellectual Property and Information
Wealth: Issues and Practices in the Digital Age, a bevy of
experts seek to explain the basics of intellectual
property for you and me. . . . This is important reading
on questions that are likely to get thornier."
—
American
Libraries, Apr. 1, 2007
"Yu
. . . viewed his purpose in putting together this
four-volume set as the development of a comprehensive
mini-library on intellectual property that covers both the
basic and cutting edge issues. He has organized the
material in accordance with the three main branches of
intellectual property law (copyrights, patents, and
trademarks) and added a final volume covering the
increasingly important international developments. Each
volume contains approximately 20 articles each . . .
."
—
Reference & Research Book News, Feb. 1,
2007
"[I]t's refreshing to find a volume which moves outside the
legal system to address information and digital issues for
a more general audience. College-level students of
computer science, sociology, legal issues and contemporary
issues will find this four-volume reference set simply
invaluable, packing in discussions of protections and
challenges to novels, films, music, computer programs and
other digitally-affected media, and examining protection
efforts, legal rights, global and cross-border protections
and strategies, and more. Each volume includes plenty of
quotes and references from authoritative source material
and studies, and each provides pro/con discussions of
related issues, making for an outstanding survey that
should be a top pick of any college-level collection.
—
California Bookwatch, June 2007
"This
four-volume set represents a prodigious effort on the part
of the editor to gather over 70 chapter contributors. Each
volume deals with a different aspect of intellectual
property (IP). Rather than being a textbook on IP basics,
this work focuses on insights from established and new
players in the field on specific aspects of each topic.
Summing Up: Highly recommended. Upper-level undergraduates
through professionals/practitioners."
—
Choice, October 2007
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