Marquette Intellectual Property Law Review
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Digital Copyright
| Author | : Jessica Litman |
| Publisher | : Prometheus Books |
| Total Pages | : 216 |
| Release | : |
| Genre | : Law |
| ISBN | : 161592051X |
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Cyberlaw
| Author | : Margo E. K. Reder |
| Publisher | : Aspen Publishing |
| Total Pages | : 1006 |
| Release | : 2015-07-28 |
| Genre | : Law |
| ISBN | : 1454870818 |
This text offers comprehensive coverage of cyberlaw and related topics using an accessible writing style, up-to-date coverage, and an entrepreneurial-process orientation and will fulfill the needs of future professional business managers for whom start-ups, the Internet, and innovation have continuing and increasing importance. Widely expected to become a foundational text for experiential business law courses, Cyberlaw will help prepare students for the fundamental legal challenges of startups as well as of small- and medium-sized enterprises. By following the progression of a business from idea to formation and financing to operations (including asset development and acquisition) to hiring and, finally, to the exit phase, future managers will gain insights into the kinds of decisions managers must make at every step. Students will become engaged in the topic through case analyses, examples, ethical and international perspectives, carefully constructed pedagogy, and other features, such as practice pointers, Twitter thread stories, and more. Features: The text organization observes the chronological pattern followed by a startup/entrepreneur, providing a cohesive guide to the build-out of a business. Traditional cyberlaw topics are given comprehensive coverage but always in a business context. Cutting-edge and seminal cyberlaw cases are carefully selected and edited for readability and clarity. Important topic content includes chapters on IP; social media; data privacy; and government regulation. Other up-to-date coverage includes promoting inventiveness and innovation; data security; new venture planning, fiduciary duties, and crowdfunding ; and malware, data breaches, and criminal procedure. Each chapter contains a feature focused on cyberlaw issues and dilemmas, using Twitter as a case study. Wherever appropriate and relevant, international perspectives and ethical organizational behavior are integrated into the discussion. Pedagogical features, placed strategically throughout the text, include concept summaries, case questions, exhibits and tables, hypothetical ventures to illustrate points, and dynamic end-of-chapter features such as chapter summaries, manager s checklists, key terms, short case problems or questions, and web resources. Learning objectives align with AACSB standards and Bloom s Taxonomy for assessment purposes. Cutting-edge cyberlaw cases discussed include People v. Marquan M (cyber-bullying, 2014) and Riley v. California (cell phone searches, 2014).
Intellectual Property Rights and Competition in Standard Setting
| Author | : Valerio Torti |
| Publisher | : Routledge |
| Total Pages | : 277 |
| Release | : 2015-10-05 |
| Genre | : Law |
| ISBN | : 131737665X |
Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.
Research Handbook on the Economics of Intellectual Property Law
| Author | : Ben Depoorter |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 1441 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1789903998 |
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Research Handbook on Intellectual Property and Competition Law
| Author | : Josef Drexl |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 511 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1848443854 |
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Intellectual Property Rights in a Fair World Trade System
| Author | : Annette Kur |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 637 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 1849809585 |
Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.
Competition Law’s Innovation Factor
| Author | : Viktoria H S E Robertson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 385 |
| Release | : 2020-02-06 |
| Genre | : Law |
| ISBN | : 1509931910 |
In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.
Intellectual Property Rights and Climate Change
| Author | : Wei Zhuang |
| Publisher | : Cambridge University Press |
| Total Pages | : 469 |
| Release | : 2017-06-01 |
| Genre | : Law |
| ISBN | : 1108211143 |
As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.
Global Intellectual Property Protection and New Constitutionalism
| Author | : Jonathan Griffiths |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2022-02-14 |
| Genre | : Law |
| ISBN | : 0198863160 |
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
