Laws of Creation

Laws of Creation
Author: Ronald A. Cass
Publisher: Harvard University Press
Total Pages: 361
Release: 2013-01-01
Genre: Law
ISBN: 0674070550

While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes. These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.

Intellectual Property and the Law of Ideas

Intellectual Property and the Law of Ideas
Author: Kurt Saunders
Publisher: Routledge
Total Pages: 102
Release: 2021-02-15
Genre: Law
ISBN: 0429664931

Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

Making and Unmaking Intellectual Property

Making and Unmaking Intellectual Property
Author: Mario Biagioli
Publisher: University of Chicago Press
Total Pages: 476
Release: 2015-07-31
Genre: Law
ISBN: 022617249X

Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Navigating the Patent System

Navigating the Patent System
Author: James Yang
Publisher:
Total Pages: 266
Release: 2017-11-05
Genre:
ISBN: 9780999460108

Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.

Intellectual Property Strategy

Intellectual Property Strategy
Author: John Palfrey
Publisher: MIT Press
Total Pages: 260
Release: 2011-10-07
Genre: Law
ISBN: 026229799X

How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry. Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Creative ideas for Intellectual Property : The ATRIP papers 2000-2001 : Des

Creative ideas for Intellectual Property : The ATRIP papers 2000-2001 : Des
Author: François Dessemontet
Publisher:
Total Pages: 738
Release: 2003-06-18
Genre:
ISBN: 9782881975042

Under the leadership of several schlolars of world renown, ATRIP became the premier forum of academic discussions dedicated to the whole of intellectual property law. Its annual meetings are visited by scholars free of any vested interest. At a time when the surge of computer rights, bio-technology and the media industries has reshaped the panorama of intellectual property law, the anchoring of the ATRIP neutral reports in legal science with an intimate knowledge of its traditions and broad perspectives has furthered an impartial examination of all important issues between academics of the five continents. CEDIDAC is proud to publish the papers that were presented on the last two annual conventions of the ATRIP, in Santorini 2000 and in Lausanne 2001. Their variety and their quality called for publication. The reports are dealing with copyright law, as well as patent law or utility model, and developments in African intellectual property law. They are completed with the traditional National Reports transmitting the most recent informations on several countries property law.

Steal This Idea

Steal This Idea
Author: M. Perelman
Publisher: Springer
Total Pages: 263
Release: 2016-09-27
Genre: Political Science
ISBN: 1137079290

This book describes how corporate powers have erected a rapacious system of intellectual property rights to confiscate the benefits of creativity in science and culture. This legal system threatens to derail both economic and scientific progress, while disrupting society and threatening personal freedom. Perelman argues that the natural outcome of this system is a world of excessive litigation, intrusive violations of privacy, the destruction system of higher education, interference with scientific research, and a lopsided distribution of income.

Owning Ideas

Owning Ideas
Author: Oren Bracha
Publisher: Cambridge University Press
Total Pages: 333
Release: 2016-12
Genre: History
ISBN: 0521877660

This book examines the development of the concept of intellectual property in the United States during the nineteenth century.

Research Handbook on Intellectual Property and Creative Industries

Research Handbook on Intellectual Property and Creative Industries
Author: Abbe E.L. Brown
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2018-03-30
Genre: Business & Economics
ISBN: 1786431173

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.