Prof. Peter K. Yu

Professor of Law

Co-Director, Center for Law and Intellectual Property

Texas A&M University School of Law


 

 

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 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.

 

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

 

Since 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 efforts.

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.

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 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.

 

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 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.

 

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 in 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 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 international arena.

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 knowledge.

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. 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 Computing

Edited by Anne S.Y. Cheung, Faculty of Law, University of Hong Kong

and Rolf H. Weber, Faculty of Law, University of Zurich, Switzerland

 

Using 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 regulation.

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.

 
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Last Updated: 21/07/15

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