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Intellectual Property in Common Law and Civil Law
by
Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the t
Call Number: K1401 .I55653 2013ISBN: 0857934368Publication Date: 2013-04-30 -
Intellectual Property and Private International Law
by
Intellectual property has traditionally been regulated on a territorial basis. However, the protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright occurring across borders are now seldom confined to one jurisdiction. This bookconsiders how the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments.The Internet has brought a significant increase in the scale of this phenomenon and valuable new chapters have been added to this edition to reflect this. Nationally protected trade marks are now used globally on websites and copyright material is distributed, communicated and copied in a worldwithout borders. Patents have already been licensed on a transnational basis for several decades. All this raises questions of jurisdiction and applicable law. The well-respected and expert author team address such questions as; which court will have jurisdiction to deal with the issues arising fromintellectual property rights and their exploitation in an international context? And which national law will the court with jurisdiction apply? Private international law questions increasingly arise and the two disciplines that previously operated in different spheres are increasingly obliged toco-operate.Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike.This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
ISBN: 9780199556588Publication Date: 2011-05-12
Copyright
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International Copyright
by
International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in orfrom foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the EuropeanUnion, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics asterritoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
Call Number: K1420.5 .G65 2019 (Earlier edition available as an e-book)ISBN: 9780190060619Publication Date: 2019-09-27 -
Primer on International Copyright and Related Rights
by
This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty. * Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO. * Presents the international norms in their historical context, and explains rationales behind the rules and relations among them.* Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties. * Approaches the topic from the perspective of tackling complex issues in practice.* Balanced discussion of both copyright and related rights.* Guides the reader to the more specialized commentaries for issues requiring further in-depth research.A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues.
ISBN: 9781783470952Publication Date: 2014-05-30
Berne Convention
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Guide to the Copyright and Related Rights Treaties Administered by WIPO
by
CONTENTS
Guide to the substantive provisions of the Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971)Guide to the substantive provisions of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention, 1961)Guide to the substantive provisions of the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (Phonograms Convention, 1971)Guide to the substantive provisions of the Convention Relating to the Distribution of Programme-carrying Signals Transmitted by Satellite (Satellites Convention, 1974)Guide to the substantive provisions of the WIPO Copyright Treaty (WCT, 1996)Guide to the substantive provisions of the WIPO Performances and Phonograms Treaty (WPPT, 1996)Glossary of copyright and related rights terms.
Call Number: Free Online ResourceISBN: 9280512002Publication Date: 2003 -
International Copyright and Neighbouring Rights
by
This magisterial commentary deals both with the history and with the modern application of the major international agreements affecting copyright and related rights. In particular, it analyses the interpretation and application of the following conventions: the Berne Convention for the Protection of Literary and Artistic Works 1886-1970, the Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasting Organisations 1961, the WIPO Copyright and Performances and Phonograms Treaties 1996 and the TRIPS Agreement (so far as it affects copyright and related rights). The organization of the text separates historical review from doctrinal analysis of the current application of the Berne Convention's provisions. The latter exposes gaps and ambiguities in the current text and, in a third section to each of the central chapters, considers the extent to which subsequent international instruments have resolved those questions. Issues concerning new technologiesand digital networks thus receive in-depth treatment. The authors analyse questions of subject matter coverage, copyright ownership, duration, nature and scope of rights, and exceptions and limitations to copyrights protection. Extensive analysis of private international law matters also figures prominently in this edition, with a new chapter devoted to problems of international jurisdiction and choice of law. The book contains a helpful compilation of relevant treaties and related materials, while a companion website to the book will supplement these with a collection of the travaux preparatoires of the Berne Convention itself. This work is the significantly expanded and updated second edition of Sam Ricketson's seminal work The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986 first published in 1987.
Call Number: K1412.2 2006ISBN: 9780198259466Publication Date: 2006-03-02
Patents
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Patent Law in Global Perspective
by
Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests. Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnology and software inventions); limitations and exceptions to patent scope and protection (including exhaustion, compulsory licensing, and research exceptions); patents on plants and other living organisms; and the impact of emerging economies on global patent system governance. The contributors provide a wealth of original insight and thought-provoking discussion that will be of great interest and benefit to scholars, policymakers, and practitioners alike.
Call Number: K1505 .P3747 2014ISBN: 9780199334278Publication Date: 2014-03-27 -
Patently Outdated - Patents in the Post- Industrial Economy
by
An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries--and as enshrined in the TRIPS Agreement--patent rules and procedures are seriously handicapped in their incapacity to respond to current economic reality. Many inventions today are made without any materiality, yet they are nonetheless genuine inventions, such as those that arise from the banking, insurance and business consulting industries. Today's patent system remains deeply linked to the making of things with human hands. It must evolve and adapt so that the new economy can also benefit from its advantages. This book is about that adaptation--which will come, or, rather, as the author shows, has slowly started to come. By describing details and historical events that shed light on how patent law has evolved from the pre-industrial to the industrial economy, the book manifests the need for a further evolution of patents to the post-industrial economy.
Call Number: K1505 .C37 2012ISBN: 9789041138903Publication Date: 2012-04-05
Traditional Knowledge
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Intellectual Property and Traditional Knowledge in the Global Economy
by
Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W.Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.
Call Number: K1562 .D34 2015ISBN: 9781138013902Publication Date: 2014-09-04 -
Intellectual Property, Traditional Knowledge and Cultural Property Protection
by
International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz's interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively 'traditional' or 'indigenous' and held in ways which are not 'traditional' or 'customary', may be accommodated in emerging traditional knowledge laws.
ISBN: 9780415640428Publication Date: 2013-12-20
Paris Convention - Industrial Property
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Guide to the Application of the Paris Convention for the Protection of Industrial Property, As Revised at Stockholm In 1967
by
The Guide, after briefly sketching the history and the principal rules of the Paris Convention, comments upon each of its articles and paragraphs separately, dealing in a very simple manner with the principal questions relating to the application of the Paris Convention.
Call Number: Free Online ResourceISBN: 9280503685Publication Date: 1969-12-01
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Guide to the Rome Convention and to the Phonograms Convention by
Call Number: Free Online ResourceISBN: 9789280500417Publication Date: 1981
TRIPS Agreement
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Trade Related Aspects of Intellectual Property Rights
by
The TRIPS Agreement which was adopted in 1994 is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, and requires massive changes in national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as the jurisprudence already developed in the context of the World Trade Organization.
Call Number: K1401 .A41994 C68 2007ISBN: 0199271283Publication Date: 2007-05-24 -
The TRIPS Agreement: Drafting History and Analysis
by
"Author, Daniel Gervais was actively involved in the TRIPS Agreement negotiations in 1990-91, and presents here a distinctive and insightful explanation of the history and background of the Agreement.
New in the 4th edition:
The most significant change is the addition of four early versions of the TRIPS text in the article-by-article analysis in Part II, with underline and strike-through to show the changes, which chart the evolution of the final text of the Agreement
The 1991 “Dunkel” text is incorporated in the commentary and compared to other versions (instead of being included in an annex)
The early history of TRIPS as it was pre-negotiated outside of the General Agreement on Tariffs and Trade (GATT) is significantly enhanced
The commentary on each article is updated and revised to reflect dispute-settlement panel reports and other developments, including the fate of the Doha Round later this year and relevant bilateral and regional negotiations.
More on the role of the dispute-settlement mechanism.
FEATURES:
Provides a complete background by following the history of the TRIPS Agreement
Demonstrates the effect of the TRIPS Agreement through analysis of recent cases
Presents an insightful article-by-article analysis of the full TRIPS Agreement negotiations
Includes relevant dispute settlement cases and the ongoing panel discussions to reflect the developments which have occurred since 1995
Takes into account the latest Doha Development Round discussiona to bring to light the current international issues relating to the TRIPS agreement
Analyses the rising trend of bilateral agreements and the implications for practitioners working in the countries party to those
Anticipates the future impact the TRIPS Agreement will have on the international IP framework
Written by the leading authority on the TRIPS Agreement, Professor Gervais' active involvement in negotiations ensures that this book presents a distinctive and insightful explaination of the history and background of the Agreement."
Call Number: K1402 .A41994 G47 2012ISBN: 9780414023130Publication Date: 2012 -
WTO Analytical Index
by
The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence, including panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions. This unique work will be of assistance to anyone working in the field of WTO law, including lawyers, economists, academics and students. It is produced by the Legal Affairs Division of the WTO Secretariat with contributions from other divisions of the Secretariat and the Appellate Body Secretariat. The third edition of the WTO Analytical Index covers developments in WTO law and practice over the period January 1995 to September 2011.
Call Number: Free Online ResourceISBN: 9781107025257Publication Date: 2012-07-12 -
The TRIPS Regime of Trademarks and Designs
by
The TRIPS Regime of Trademarks and Designs in this fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. What's in this book: With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge and discussion of WTO Members' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following: What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark? What are the limitations on the protection of nonvisually perceptible marks such as sounds, scents and tastes? What lessons can we learn so far from the Dispute Settlement Mechanism? What are WTO Members' obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated. How this will help you: Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition, which will help them in identifying new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.
Call Number: K1555 .C37 2019ISBN: 9041188703Publication Date: 2018-12-20 -
The TRIPS Regime of Patent Rights and Test Data
by
The World Trade Organization (WTO) Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS) to a large extent incorporates and/or supersedes all previous international conventions on intellectual property rights. It provides, therefore, for a general and mandatory framework worldwide for the protection and enforcement of those rights. For this reason, the TRIPS Agreement has a direct impact on the daily life of corporations, governments and consumers. This book with the authoritative stamp of an experienced international functionary in the field--formerly with the WTO and currently with the Secretariat of the World Intellectual Property Organization (WIPO)-- contains a very practical explanation of the meaning of the patent-related TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. Among the complex questions the book answers in depth are the following: How do the Paris Convention and the TRIPS Agreement interact?What is the relationship between the Convention on Biological Diversity and the TRIPS Agreement?Can a WTO Member require the disclosure of the origin of genetic resources in patent applications as a condition of patentability? Was the Decision of the WTO General Council of August 30, 2003, on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health really necessary? How can developing countries implement that Decision?What are the obligations of WTO Members as regards the protection of test data under Article 39.3? For these reasons and more, the second edition of The TRIPS Regime of Patent Rights is a crucially important resource for lawyers interested in compliance and government officials charged with the implementation of TRIPS obligations.
Call Number: K1505 .C37 2014ISBN: 9789041150189Publication Date: 2014-04-21
Economic Development
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Intellectual Property for Economic Development
by
Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, diverse actors in innovation, and diverse cases from Asia and Latin America.
Call Number: E-BookISBN: 9781782548041Publication Date: 2014-08-27
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A Short Course in International Intellectual Property Rights
by
Call Number: E-BookISBN: 1885073569Publication Date: 2001-06-01 -
Basics of International Intellectual Property Law
by
This basic guide to intellectual property law, from the point of view of international commerce, clearly demonstrates the ground on which any contract involving intellectual property must be based. It describes and analyzes the legally valid guidelines by which any commercial entity may: facilitate the sale of a protected product in foreign markets; prevent the use of protected property by competitors at home and abroad; and forestall the manufacture abroad of identical or misleadingly similar items.
Call Number: K1401 .L48 2001ISBN: 1571052070Publication Date: 2001-06-01 -
Global Issues in Patent Law
by
Beginning with a discussion of current international intellectual property institutions and ending with a study of contemporary border enforcement issues, this book takes the user through the major treaties and a comparative discussion of the critical areas of patent law and practice. Topics covered include patentable subject matter, prior art, inventive step, enablement and disclosure, infringement, remedies, and competition policy. The approach of the book and its materials would complement intellectual property law courses at the basic, intermediate, and advanced levels as well as serve as the focal casebook for a stand-alone course on international patent law.
Call Number: Also available online in West AcademicISBN: 9780314195173Publication Date: 2010-12-16
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International Trademarks and Copyrights
by
Offers practical advice to non-specialist attorneys on successfully managing and enforcing trademarks and copyrights internationally. This book addresses import-and export-related enforcement issues.
Call Number: K1420.5 .M287 2004ISBN: 9781590313596Publication Date: 2004-08-11 -
International Intellectual Property Litigation
by
This is a guide to the practice and procedure of intellectual property litigation in the 20 jurisdictions most used for settling disputes or enforcing intellectual property rights. As well as covering general procedure, the work also highlights specific procedural rules for patents, trade marks and passing off, copyright and designs. There are also overview chapters on forum shopping, the Brussels Convention and cross-border practice, management of multinational litigation, appeals to the European Court of Justice and arbitration and alternative dispute resolution.
Call Number: K1401 .I5857ISBN: 0752003968Publication Date: 1998-01-01 -
Arbitration of Intellectual Property Disputes
by
More and more, intellectual property disputes tend to be multijurisdictional in nature, and parties everywhere are turning to international arbitration as the most promising means of resolution. Although these two legal specialisms - intellectual property law and international arbitration - are still in the process of understanding' each other, an efficient and effective procedural system of international intellectual property arbitration is well under way and growing by leaps and bounds. This is the first book in English to offer a comprehensive guide to this important branch of practice. The treatment throughout is eminently practical.
Call Number: K1401 .C66 2010ISBN: 9789041127259Publication Date: 2010-10-28
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Intellectual Property: Principles Governing Jurisdiction, Choice of Law & Judgments in Transnational Disputes (Westlaw)"authored by the American Law Institute (ALI) and ...developed in response to problems involving dissemination of intellectual property, chiefly via the Internet."
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Conflict of Laws in Intellectual Property
by
The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.
Call Number: K7550 .E97 2013ISBN: 0199665087Publication Date: 2013-04-06 -
International Patent Treaties with Commentary
by
Intellectual property rights are territorial, as are most rights derived by law. For example, patents protect ideas only in the country that grants the patent. To promote the ease of international commerce, there is a concerted effort by trading nations to standardize the laws of intellectual property via a treaty; particularly a multinational treaty, as opposed to a bilateral treaty. Understanding this ongoing and somewhat nascent effort is critical to practitioners in the field of intellectual property rights as well as to business people and politicians. Patent rights are the least globalized intellectual property rights, in contrast to copyright and trademark rights. However, over the last three decades, trademark's benefit to commerce has become more acknowledged, and so patent rights have become more standardized. This book shows patent holders how to use these multinational treaties to expand their patents on a country-by-country basis. International Patent Treaties with Commentary assists practitioners in understanding the substance of relevant patent treaties and the background goals and philosophy that guide those agreements. This monograph provides a summary of the availability of international patent protection and how to acquire it. It includes detailed, article-by-article summaries of not just the most prominent patent treaties (the Paris Convention, the Patent Cooperation Treaty, etc.) but of regional and specialized agreements as well (the European Patent Convention, the Eurasion Patent Convention, the Strasbourg Agreement, etc.). The comprehensiveness and practical guidance of this new work make International Patent Treaties with Commentary an essential resource for every practitioner tasked with protecting patent rights.
Call Number: K1503 .N45 2007ISBN: 9780195323184Publication Date: 2007-04-16 -
International Encyclopedia of Intellectual Property Treaties
by
This major reference volume features a comprehensive collection of the key intellectual property treaties concluded at international and regional level, including all such treaties of relevance to the US and Europe. These are supplemented by a Commentary and editorial notes explaining the significance of each instrument, its drafting history, principle provisions, and listings of the relevant member states and when they joined.Readership: Lawyers, governmental officials, civil servants, and diplomats; academics working in the fields of law and political science and students; reference libraries in the UK and worldwide.
Call Number: K1401 .A35 I428 2004ISBN: 0199245258Publication Date: 2004-08-12
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Intellectual Property, Trade and Development
by
This work responds to the increasing need in many countries to better understand linkages between intellectual property, trade rules, and economic and social development, and to find new ways of implementing intellectual property rules and optimizing their effects. It provides a comprehensive analysis of the latest legal, economic, political and social research and advanced current thinking on the relationship between intellectual property and trade and development. With new chapters addressing access to educational resources and innovation in the developing world, the use of traditional knowledge as a source of innovation, and TRIPS, TRIPS Pus and Developments across the whole of South Asia, this fully updated second edition presents new insights and discussions from economists and social scientists and benefits from access to the latest metrics and analytical tools available.
Call Number: K1401 .I5775 2014ISBN: 0199684707Publication Date: 2014-11-01 -
The TRIPS Agreement: Drafting History and Analysis
by
"Author, Daniel Gervais was actively involved in the TRIPS Agreement negotiations in 1990-91, and presents here a distinctive and insightful explanation of the history and background of the Agreement.
New in the 4th edition:
The most significant change is the addition of four early versions of the TRIPS text in the article-by-article analysis in Part II, with underline and strike-through to show the changes, which chart the evolution of the final text of the Agreement
The 1991 “Dunkel” text is incorporated in the commentary and compared to other versions (instead of being included in an annex)
The early history of TRIPS as it was pre-negotiated outside of the General Agreement on Tariffs and Trade (GATT) is significantly enhanced
The commentary on each article is updated and revised to reflect dispute-settlement panel reports and other developments, including the fate of the Doha Round later this year and relevant bilateral and regional negotiations.
More on the role of the dispute-settlement mechanism.
FEATURES:
Provides a complete background by following the history of the TRIPS Agreement
Demonstrates the effect of the TRIPS Agreement through analysis of recent cases
Presents an insightful article-by-article analysis of the full TRIPS Agreement negotiations
Includes relevant dispute settlement cases and the ongoing panel discussions to reflect the developments which have occurred since 1995
Takes into account the latest Doha Development Round discussiona to bring to light the current international issues relating to the TRIPS agreement
Analyses the rising trend of bilateral agreements and the implications for practitioners working in the countries party to those
Anticipates the future impact the TRIPS Agreement will have on the international IP framework
Written by the leading authority on the TRIPS Agreement, Professor Gervais' active involvement in negotiations ensures that this book presents a distinctive and insightful explaination of the history and background of the Agreement."
Call Number: K1402 .A41994 G47 2012ISBN: 9780414023130Publication Date: 2012
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Collective Management of Copyright and Related Rights
by
In the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); * cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; * growing importance of extended repertoire systems (also known as extended collective licensing); * relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; * transnational licensing and the possible role of multi-territorial licensing; and * threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.
Call Number: K1420.5 .C628 2016ISBN: 9789041154415Publication Date: 2015-11-19 -
The Evolution and Equilibrium of Copyright in the Digital Age
by
The digital age has prompted new questions about the role and function of copyright. Internationally, copyright has progressively increased its scope of protection over new technology and modes of distribution. Yet many copyright owners express dissatisfaction and consider that the system is not working for them. Many users of copyright material, and even some owners, consider that copyright gives too much protection and that copyright owners want too much. This book considers how copyright might evolve in the twenty-first century and how it might reach equilibrium between authors, owners, users and those who connect them.
Call Number: K1447.95 .E96 2014ISBN: 9781107062566Publication Date: 2014-08-21 -
Intellectual property : the law in Canada
by
"The second edition of Intellectual Property: The Law in Canada covers all aspects of intellectual property law in Canada, including copyright, industrial designs, trade-marks and related torts such as misappropriation of personality, patents, confidential information, plant varieties, integrated circuit topographies, international intellectual property, and overlaps between intellectual property rights. This new edition includes extensive analysis of all important recent Canadian cases and their contributions to the developing theory of Canadian intellectual property law, as well as a new chapter on enforcement and jurisdiction, more complete coverage of intellectual property theory and history, an extensive analysis of copyright originality standards and recent proposed copyright reform, and thoroughly reorganized chapters on trade-marks and confidential information. The authors analyze the leading cases to state the law succinctly and highlight emerging issues and continuing controversies, especially those raised by new technologies. Written in an innovative style that blends the advantage of treatise and casebook, Intellectual Property: The Law in Canada, Second Edition, blends the advantages of treatise and casebook and is a definitive resource for both practitioner and student. For instructors of intellectual property law, the authors include many teaching materials, which accent issues raised by new technologies, such as peer-to-peer file sharing, internet service provider liability, traditional knowledge, biotechnology, domain names, and protection of image and of fictional characters. Each chapter contains an extensive set of discussion questions to facilitate class discussion and for practice by student study groups. Sample examination questions are also provided."
Call Number: KE2779 .J83 2011ISBN: 9780779828791Publication Date: 2011 -
Advanced Introduction to International Intellectual Property
by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars.This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include: * Accessible and carefully summarized overview of the field* Comprehensive and up-to-date review of all major international intellectual property institutions and instruments* Introduces current issues within international IP negotiations* Provides tools to analyze the history and possible future development of international IP norms. Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.
Call Number: K1401 .F736 2016ISBN: 9781783470495Publication Date: 2016-01-29 -
Collective Management of Copyright and Related Rights 3d
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In the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-#65533;-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); * cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; * growing importance of extended repertoire systems (also known as extended collective licensing); * relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; * transnational licensing and the possible role of multi-territorial licensing; and * threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.
Call Number: K1420.5 .C628 2016ISBN: 9789041154415Publication Date: 2015-11-19
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International Intellectual Property
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International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field.The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognised experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement.This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation.
Call Number: K1401 .I58297 2015ISBN: 9781782544791Publication Date: 2015-01-30
