Intellectual Property and Global Development Series
Rapid global economic integration and the increasing importance of technology and information goods have created the need for a broader, deeper and more critical understanding of intellectual property laws and policies.
This uniquely-designed book series provides an interdisciplinary forum for advancing the debate on the global intellectual property system and related issues that intersect with transnational politics, international
governance, and global economic, social, cultural and technological development.
The series features the works of established experts and emerging voices in the academy as well as those practising on the frontlines.
The series' high-quality, informed and accessible volumes include a wide range of materials such as historical narratives, theoretical explanations, substantive discussions, critical evaluations, empirical analyses, comparative studies, and formulations of practical solutions and best practices.
The series will appeal to academics, policy makers, judges, practitioners, transnational lawyers and civil society groups as well as
students of law, politics, culture, political economy, international relations and development studies.
and Sustainable Development: Development Agendas in a Changing World
Edited by Ricardo Meléndez-Ortiz and
Pedro Roffe, International Centre for Trade and Sustainable
property has gained an unprecedented importance
in the new world of globalization and the knowledge
economy. However, experience, as well as cyclical
attitudes toward IP, show that there is no universal
model of IP protection.
This comprehensive book considers new and emerging IP
issues from a development perspective, examining
recent trends and developments in this area.
Presenting an overview of the IP landscape in general,
the contributing authors subsequently narrow their
focus, providing wide-ranging case studies from
countries across Africa, Asia and Latin America on
topical issues in the current IP discourse. These
include the impact of IP on the pharmaceutical sector,
the protection of life forms and traditional
knowledge, geographical indications, access to
knowledge and public research institutes, and the role
of competition policy. The challenges developing
countries face in the TRIPS-Plus world are also
explored in detail..
information is available at ICTSD's website.
Domain Names, Trademarks and Free Speech
Lipton, Case Western Reserve University School of Law
As the first form of truly rivalrous digital property,
Internet domain names raise many challenges for law
and policy makers. Analyzing the ways in which past
disputes have been decided by courts and arbitrators,
Jacqueline Lipton offers a comprehensive, global
examination of the legal, regulatory and policy issues
that will shape the future of Internet domain name
This comprehensive examination of domain name disputes
involving personal names and political and cultural
issues sheds light on the need to balance trademark
policy, free speech and other pressing interests such
as privacy and personality rights. The author stresses
that because domain names can only be registered to
one person at a time, they create problems of scarcity
not raised by other forms of digital assets. Also
discussed are the kinds of conflicts over domain names
that are not effectively addressed by existing
regulations, as well as possible regulatory reforms.
China's Innovation Future: University Technology
Transfer in Transition
L. Orcutt, Franklin Pierce Center for Intellectual Property,
University of New Hampshire School of Law
Shen Hong, Longan Law Firm, Beijing, China
the 1980s, China has worked to develop the technology
commercialization capacity of its universities.
Progress has occurred, but university technology
commercialization remains on the periphery of Chinese
economic development. Because university technology
commercialization is predominantly a 'law-based'
strategy, the authors examine whether China's legal
system adequately supports such efforts. Since the law
does not operate in isolation, the authors conduct
their analysis through the lens of China's overall
innovation system. This holistic approach enables the
authors first to provide a more accurate analysis of
the Chinese legal system's ability to support
university technology commercialization and also to
generate useful insights on the strengths, weaknesses
and future of the country's commercialization
One of the problems with analyzing inherently complex
systems – like that of China's innovation system
– is the need for expertise from a very broad range
of disciplines. In that vein, Shaping China's
Innovation Future employs a thorough analysis of a
combination of factors including: the role of law and
China's legal system; economic theory and the
development of China's economy; China's
educational, intellectual property, and financial
systems; China's innovation capacity; and Chinese
culture. Though the recommendations on how to improve
China's technology commercialization system are
unique for China, the scope of the research makes the
conclusions found here applicable to other countries
facing similar challenges.
the Public Interest in China
Guan Hong, Shanghai University of Finance and Economics, China
This book expertly highlights how the
multidimensional concept of public interest has
influenced the development and limitations of Chinese
Since 1990 China has awarded copyright – individual
rights – but also provides for public, non-criminal
enforcement. The author reveals that pressures of
development, globalisation and participation in a
world economy have hastened the loss of public
interest from copyright. However, for a socialist
country, placing the common ahead of the individual
interest, the public interest also constitutes a
phenomenological tool with which to limit copyright.
The author also discusses how the rise of the
Internet, which has had a major social and economic
impact on China, raises problems for Chinese copyright
law. Comparing Chinese copyright law with the USA and
the UK, topical issues are presented in this unique
book including those arising within education, library
and archives sectors.
Resources and Traditional Knowledge: Case Studies and
Edited by Tania Bubela, University of Alberta, Canada
and E. Richard Gold, McGill
This fascinating study describes efforts to define and
protect traditional knowledge and the associated
issues of access to genetic resources, from the
negotiation of the Convention on Biological Diversity
to The Declaration on the Rights of Indigenous Peoples
and the Nagoya Protocol. Drawing on the expertise of
local specialists from around the globe, the chapters
judiciously mix theory and empirical evidence to
provide a deep and convincing understanding of
traditional knowledge, innovation, access to genetic
resources, and benefit sharing.
Because traditional knowledge was understood in early
negotiations to be subject to a property rights
framework, these often became bogged down due to
differing views on the rights involved. New models,
developed around the notion of distributive justice
and self-determination, are now gaining favor. This
book suggests – through a discussion of theory and
contemporary case studies from Brazil, India, Kenya
and Canada – that a focus on distributive justice
best advances the interests of indigenous peoples
while also fostering scientific innovation in both
developed and developing countries.
Global Governance of HIV/AIDS: Intellectual Property
and Access to Essential Medicines
Edited by Obijiofor
Aginam, International Institute for Global Health, United Nations University
John Harrington, University of
Liverpool, United Kingdom
and Peter K. Yu, Drake University Law School
This important book brings together leading scholars
from multiple disciplines, including intellectual
property, human rights, public health, and development
studies, as well as activists to critically reflect on
the global health governance regime.
The Global Governance of HIV/AIDS explores the
implications of high international intellectual
property standards for access to essential medicines
in developing countries. With a focus on HIV/AIDS
governance, the volume provides a timely analysis of
the international legal and political landscape, the
relationship between human rights and intellectual
property, and emerging issues in global health policy.
It concludes with concrete strategies on how to
improve access to HIV/AIDS medicines.
21st Century Challenges in Intellectual Property and Knowledge Governance
Edited by Dana Beldiman, Bucerius Law School, Germany and University of California, Hastings College of
quantities of information are required to fuel the innovation
process in a knowledge-based economy; a requirement that is in
tension with intellectual property laws. Against this
backdrop, leading thinkers in the IP arena explore the 'access
challenge' of the 21st century, framed as the tension between
the interest in the free flow of information and the fragmentation
of knowledge resulting from strong IP laws.
In some areas this tension seems to resolve in a shift of IP laws
in the direction of greater openness, whether due to new business
models, improved legal tools or access-friendly interpretations of
existing laws. The book's chapters explore the challenges
encountered by this 'opening' process from various
perspectives, including open access to public sector and
scientific research data; enhanced use of licensing; reshaping the
contours of individual IP laws; inclusion of new stakeholders in
the IP debate; and challenges to the information flow in the
and Territoriality Challenges in a Global Economy
Edited by Irene Calboli, Marquette University Law School
and Edward Lee, Chicago-Kent College of Law, Illinois Institute of Technology
the modern business world becomes increasingly decentralized and
globally focused, traditional interpretations and applications of
trademark protection law are facing greater and greater
challenges. This is particularly true regarding the principle of
trademark territoriality, which holds that trademark rights are
bound by the laws of individual nations. This timely volume offers
expert analyses of the challenges facing crucial aspects of
trademark law from some of the most prominent scholars in the
The contributors explore how the rise of international trade and
globalization has changed the way trademark law functions in a
number of important areas, including protection of well-known
marks, parallel imports, enforcement of trademark rights against
counterfeiting, remedies, protection of certification marks, and
domain names. A detailed discussion of the history of trademarks
and territoriality along with a comprehensive breakdown of current
issues make this a complete and well-rounded resource for the
study of trademark law in a contemporary context.
Governance of Intellectual Property Rights in China and
Edited by Nari Lee,
Hanken School of Economics, Helsinki, Finland
Hanken School of Economics, Helsinki, Finland
Li Mingde, Chinese Academy of Social Sciences, China
Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy.
Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing
Knowledge: Lessons from Global Case Studies
Evana Wright, University of Technology Sydney, Australia
Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice.
Elgar Law, Technology and Society
The information revolution and the advent of digital technologies have ushered in new technological developments, social practices, business models, legal solutions, regulatory policies, governance structures, communication techniques, consumer preferences, and global concerns. This uniquely-designed book series provides an interdisciplinary forum for studying the complex interactions among law, technology and society. It examines the broader and deeper theoretical questions concerning information law and policy, explores its latest developments and social implications, and seeks to provide new ways of thinking about new media and changing technology.
Copyright Law and the
Progress of Science and the Useful Arts
Alina Ng, Mississippi College School of
American Constitution empowers Congress to enact copyright laws to
'promote the progress of science and the useful arts'. This
book offers the first in-depth analysis of the connection between
copyright law as a legal institution and the constitutional goal
of promoting social and cultural advancement.
Focusing on the relationship between this explicit purpose and the
normative uses and production of creative works, Alina Ng argues
that a robust copyright system that embodies moral and ethical
principles is necessary to protect the different values and
expectations of authors, publishers and users of creative works.
The author demonstrates that a more nuanced understanding of
property rights and statutory privileges, as bearing different
types of entitlements, is critical to the sustainable development
of society and culture at both national and international levels.
She posits that as communication technologies become ubiquitous
and facilitate greater connectivity between authors and their
readers, the notion of authorship as a creative endeavor producing
works with significant influence upon society and culture must
form the central tenet of the copyright system.
in the Internet Age
Edited by Sean A. Pager and
Adam Candeub, Michigan State University College of Law
technology has transformed global culture, connecting and
empowering users on a hitherto unknown scale. Existing paradigms
from intellectual property rights to cultural diversity and
telecommunications regulation seem increasingly obsolete,
confounding policymakers and provoking wide-ranging debate.
Transnational Culture in the Internet Age draws on a range of
disciplines to examine new approaches to regulating communications
and cultural production.
The insightful contributions shed new light on insufficiently
examined issues and highlight connections that cut across the many
different domains in which such regulations operate. Building upon
the framework presented by David Post – one of the first and
most prominent scholars of cyber law and a contributor to this
volume – the authors address the implications and economics of
the Internet's astronomical scale, jurisdiction and enforcement
of the web as it relates to topics including libel tourism and
threats to free speech, and the power of global communication to
dissolve and recreate identities.
Environmental Technologies, Intellectual Property
and Climate Change: Accessing, Obtaining and Protecting
Edited by Abbe E.L. Brown, School of Law, University of Aberdeen, United Kingdom
Many disciplines are relevant to combating climate change. This
challenging book draws together legal, regulatory, geographic,
industrial and professional perspectives and explores the role of
technologies in addressing climate change through mitigation,
adaptation and information gathering. It explores some key issues.
Is intellectual property part of the solution, an obstacle to
change or peripheral? Are there more important questions? Do they
receive the attention they deserve? And from whom? This innovative
book will play an important role in stimulating holistic
discussion and action on an issue of key importance to society.
Privacy and Legal Issues in Cloud
Edited by Anne S.Y. Cheung,
Faculty of Law, University of Hong Kong
Rolf H. Weber,
Faculty of Law, University of Zurich, Switzerland
a multi-disciplinary and comparative approach, this study examines
emerging and innovative attempts to tackle privacy and legal
issues in cloud computing such as personal data privacy, security
and intellectual property protection.
An international team of legal scholars, computer science
researchers, regulators and practitioners present original and
critical responses to the growing challenges posed by cloud
computing. They analyse the specific legal implications pertaining
to jurisdiction, biomedical practice and information ownership, as
well as issues of regulatory control, competition and cross-border
Intellectual Property and Access to
Edited by Jessica C. Lai,
Victoria University of Wellington, New Zealand
Antoinette Maget Dominicé, University of Lucerne,
Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialized (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materializations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
The Legal Challenges of Social
Edited by David Mangan, City, University of London,
Lorna E. Gillies, University of Strathclyde,
Social media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social
The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social
Digital Democracy in a Globalized
Corien Prins, Netherlands Scientific Council for Government Policy
(WRR) and Tilburg Institute for Law, Technology and
Society, The Netherlands
Cuijpers, Tilburg Institute for Law, Technology and Society and Tilburg Law School,
Lindseth, University of Connecticut School of
Mônica Rosina, Fundação Getulio Vargas Law School, Brazil
The transformative impacts of digitalization on society are visible both within nation states and across borders. Information and communication technologies are typically considered beneficial for democracy. Nevertheless, this book explores the challenges that technology brings to democracy, and in so doing advances our understanding of this crucial digital, social and political phenomenon. It contributes to the broader discussion of the relationship between international, national and sub-national norms, institutions and actors in an increasingly connected
Insightful and current, this book offers a wide variety of perspectives in an area where there is still not yet an extensive body of research. It considers, for example: the extent to which new forms of digital political engagement change traditional democratic decision-making; how receptive national governments and authorities are to digital democratic movements; how governments can uphold the values of democratic society while also ensuring flexibility with regard to the private sector; and how we should judge these developments in light of the cross-border effects of
Privacy in Public
Space: Conceptual and Regulatory Challenges
Edited by Tjerk
Timan, Netherlands Organisation for Applied Scientific Research (TNO),
Bryce Clayton Newell, School of Information Science, University of
Bert-Jaap Koops, Tilburg Institute for Law, Technology and Society,
With ongoing technological innovations such as mobile cameras, WiFi tracking, drones, and augmented reality, aspects of
citizens' lives are becoming increasingly vulnerable to intrusion. This book brings together authors from a variety of disciplines (philosophy, law, political science, economics, and media studies) to examine privacy in public space from both legal and regulatory
The contributors explore the contemporary challenges to achieving privacy and anonymity in physical public space at a time when legal protection remains limited in comparison to
'private' space. To address this problem, the book clearly demonstrates why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through
'privacy bubbles', obfuscation and surveillance transparency, as well as by revising the assumptions underlying current privacy laws.
Autonomous Vehicles and the
Law: Technology, Algorithms and Ethics
Hannah YeeFen Lim,
Nanyang Technological University, Singapore
Autonomous vehicles have attracted a great deal of attention in the media, however there are some inconsistencies between the perception of autonomous
vehicles' capabilities and their actual functions. This book provides an accessible explanation of how autonomous vehicles function, suggesting appropriate regulatory responses to the existing and emerging
Hannah YeeFen Lim explores the current capabilities of autonomous vehicles and importantly, highlights their inherent limitations. Lim provides a concise and easy to follow overview of the technology behind autonomous vehicles which encompasses hardware and software aspects, including machine learning algorithms. Having laid the technical foundation, the following chapters assess the current legal standards in negligence law that are applicable to autonomous vehicles taking the current technical limitations of the vehicles into account. Lim concludes by exploring the ethical issues associated with autonomous vehicles and proposes appropriate regulatory approaches.
The State of
Creativity: The Future of 3D Printing, 4D Printing and Augmented Reality
James Griffin, Law School, University of Exeter,
Creativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into
The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents.
Law and Autonomous
Machines: The Co-evolution of Legal Responsibility and Technology
Mark Chinen, Seattle
University School of Law
This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the
As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines.
The Making Available
Right: Realizing the Potential of Copyright's Dissemination Function in the Digital Age
Curtin Law School, Australia
The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled
Foong articulates a conceptual framework for understanding this
right in a dynamic communications environment, critically examines
the similarities and differences in its implementation across the
United States, the European Union and Australia, and draws out
underlying themes that serve as lessons for reform. The author
builds an analytical framework for the making available right that
addresses copyright's underappreciated dissemination function –
i.e. encouraging the dissemination of content to the public – in
conjunction with its authorship function.
The Regulation of Social Media Influencers
Edited by Catalina
Goanta, Faculty of Law, Maastricht University, The Netherlands
Groningen Law School, The Netherlands
In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer
Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing.