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 (IP) 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.
The diverse range of contributions to this
thought-provoking book offer a wide variety of
alternative perspectives on and solutions for the
controversial issues surrounding the role of IP within
sustainable development. As such, it will prove a
stimulating read for government policy-makers, trade
negotiators, academics, lawyers and IP practitioners
in general, UN and other intergovernmental agencies,
development campaigners and aid agencies,
environmentalist groups and university students.
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.
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.
China’s Innovation Future: University Technology
Transfer in Transition
L. Orcutt, University of New Hampshire School of
Law--Franklin Pierce Center for Intellectual Property
Shen, 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.
This unique analysis will be of significant interest
to policymakers in China and other developing
countries who are seeking to increase their level of
technology-based economic development; academics
studying China, China’s legal system, university
technology transfer, national innovation systems,
entrepreneurialism, international intellectual
property, or international economic development; and
Chinese scientists and entrepreneurs and those wishing
to work with them.
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
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.
This insightful book will strongly appeal to students
and researchers in IP law, comparative law, Chinese
studies, international commerce and information
science. It will also prove invaluable for lawyers and
consultants with expertise in IP and China.
Resources and Traditional Knowledge: Case Studies and
Edited by Tania Bubela, University of Alberta
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.
Comprehensive as well as nuanced, Genetic Resources
and Traditional Knowledge will be of great interest to
scholars and students of law, political science,
anthropology and geography. National and international
policymakers and those interested in the environment,
indigenous peoples’ rights and innovation will find
the book an enlightening resource.
Global Governance of HIV/AIDS: Intellectual Property
and Access to Essential Medicines
Edited by Obijiofor
Aginam, United Nations University
John Harrington, University of
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 in law,
international relations, health policy and public
policy, as well as students, policymakers and
Access To Information
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 (IP) 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
In identifying some of the core IP-related challenges to the
process of adapting to the knowledge needs of the new economy,
this book will provide an enlightening read for academics,
policymakers and lawyers concerned with IP laws and the flow of
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.
Students, professors and practitioners working in international
law, trade law and intellectual property law will find this book
to be a valuable resource.
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 institutions.
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.
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.
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.
Ideal for students and scholars of innovation, technology, cyber
law and communication, Transnational Culture in the Internet Age
will be a valuable addition to any library.
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.
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, practising lawyers working in IP, environmental and
corporate finance law, activists within both climate change and
human rights, and policymakers.
Privacy and Legal Issues in Cloud
Edited by Anne S.Y. Cheung,
Faculty of Law, University of Hong Kong
and 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
Law academics, practitioners and regulators will find this book to
be a valuable, practical and accessible resource, as will computer
science scholars interested in cloud computing issues.
Intellectual Property and Access to
Edited by Jessica C. Lai, Senior Lecturer, Victoria University of Wellington, New Zealand
and Antoinette Maget Dominicé, Senior Researcher, 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.