Prof. Peter K. Yu

Kern Family Chair in Intellectual Property Law

Director, Intellectual Property Law Center

Drake University Law School


 

 

book series

Elgar 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.

 

Intellectual Property and Sustainable Development: Development Agendas in a Changing World

Edited by Ricardo Meléndez-Ortiz and Pedro Roffe, International Centre for Trade and Sustainable Development

 

Intellectual property (IP) has gained an unprecedented importance in a globalizing world where knowledge and innovation are key drivers of growth and prosperity. At the same time, the role of IP in relation to public policy objectives and development goals has come to the forefront of a vigorous policy debate.

 

This book considers a number of new and emerging IP issues from a development perspective. Case studies from Africa, Asia, and Latin America examine the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also addressed. The experiences revealed, as well as cyclical attitudes toward IP, show that there is ultimately no universal model of IP protection.

 

More information is available at ICTSD's website.

Internet Domain Names, Trademarks and Free Speech

Jacqueline 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 governance. 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. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource. 

Shaping China’s Innovation Future: University Technology Transfer in Transition

John L. Orcutt, University of New Hampshire School of Law--Franklin Pierce Center for Intellectual Property, and Hong Shen, Longan Law Firm, Beijing, China

 

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 commercialisation system are unique for China, the scope of the research makes the conclusions found here applicable to other countries facing similar challenges.

Copyright and the Public Interest in China

Guan Hong Tang, Shanghai University of Finance and Economics, China

Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. 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 major social and economic impact on China, raises problems for Chinese copyright law. Comparing the 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.

 

Genetic Resources and Traditional Knowledge: Case Studies and Conflicting Interests
Edited by Tania Bubela, University of Alberta and E. Richard Gold, McGill University

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 through to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. 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. The 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.

 

The Global Governance of HIV/AIDS: Intellectual Property and Access to Essential Medicines

Edited by Obijiofor Aginam, United Nations University, John Harrington, University of Liverpool, 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. This interdisciplinary, global, and up-to-date book will strongly appeal to academics of law, international relations, health policy and public policy, as well as students, policymakers and activists.

Access To Information and Knowledge: 21st Century Challenges in Intellectual Property and Knowledge Governance
Edited by Dana Beldiman, Bucerius Law School, Germany and University of California, Hastings College of Law

Massive quantities of information are needed to fuel the innovation process in a knowledge-based economy, a need in tension with intellectual property (IP) laws, which risk fragmenting the universe of existing information. This book explores the gradual adaptation of IP laws and their applications to the new economy’s needs. It examines the process of ‘opening’ from various perspectives, including open access to public sector and scientific research data, enhanced use of licensing, the reshaping of the contours of individual IP laws, inclusion of the new stakeholders in the IP debate, and the challenges to the information flow in the international arena.

Trademark Protection 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

 

As 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 field. 

 

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. 

 

Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource. 

 

Elgar Law, Technology and Society Series

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 Law

 

The 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. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.

Transnational Culture in the Internet Age
Edited by Sean A. Pager and Adam Candeub, Michigan State University College of Law

 

Digital 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. This volume draws on numerous disciplines to examine new approaches to regulating communications and cultural production. Common challenges emerge from these essays: regulating in the face of the Internet’s overwhelming scale, establishing jurisdictional clarity, and responding to global communication’s power to dissolve and recreate identities. 

Environmental Technologies, Intellectual Property And Climate Change: Accessing, Obtaining and Protecting
Edited by Abbe E.L. Brown, Senior Lecturer, 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.

Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practicing lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.

 
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Last Updated: 27/06/14

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