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Intellectual Property and Information Wealth

Issues and Practices in the Digital Age

by Peter K. Yu, ed.

 

A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society—from Napster to open source, traditional media to electronic commerce, fair use to enforcement across borders.

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December 2006

Praeger

Pages 1976
Volumes 4
Size 6 1/8x9 1/4
Topics Politics, Law, and Government/Law
  • Hardcover

    978-0-275-98882-1

    $440.00

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    978-0-313-05610-9

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Until recently, issues of intellectual property were relegated to the experts—attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors.

Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks at the protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.

Table of Contents

Introduction1 Originality and Creativity in Copyright Law2 Borrowing3 Who Is an Author?4 Authorship by Legal Fiction: Employers Copyrights in Works Made for Hire5 Copyright Duration: Theories and Practice6 Fair Use and Social Practices7 First Sale?8 Copyright Issues in Fandom9 Copynorms: Copyright Law and Social Norms10 Finding Safe Harbors for Speech: Internet Service Providers and Copyright Law11 To Observe and Protect? How Digital Rights Management Systems Threaten Privacy and What Policymakers Should Do About It12 Library Copyright Issues13 Collective Rights Organizations14 Creative Commons15 Open Source Software and Information Wealth16 Concentration in the Copyright Industries17 Copyright Law and Black Musicians18 The Propertization of Copyright19 Virtual Property and the Overextension of Copyright Licensing Online20 Resistance in the Digital WorldIndexAbout the Editor and ContributorsVolume IIIntroduction1 Nonobvious as an Exercise in Gap Measuring2 The On-Sale Bar3 Doctrine of Equivalents4 The Research Exemption to Patent Infringement: The Delicate Balance Between Current and Future Technical Progress5 Patent Infringement Remedies6 Patent Litigation and Licensing7 Patent Misuse: From Inception to Modern Case Law8 Nonobvoiusness: Looking Back and Looking Ahead9 Patent Quality and Patent Reforms10 Seed Wars: Controversies Over Access to and Control of Plant Genetic Resources11 The Intended and Unintended Consequences of the Bayh-Dole Act12 Reassessing the Anticommons Debate in Light of Biotechnology Patent Trends13 A Global Controversy: The Role of Morality in Biotech Patent Law14 Patents, Human Genome, and Medical Research15 Software Patents16 Technology Transfer and IP Management17 Trade SecretsIndexAbout the Editor and ContributorsVolume IIIIntroduction1 Likelihood of Confusion2 Initial Interest Confusion: The Diversion of Trademark Law3 Scandalous and Immoral Trademarks4 International Recognition and Protection of Famous and Well-Known Marks5 Trademark Dilution6 Trademark Fair Use or Bad Faith Analysis7 First Amendment Limitations on Trademark Rights8 Authorship and Trademark Law9 Trade Dress Protection10 A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law11 What's the Frequency, Kenneth? Channeling Doctrines in Intellectual Property12 The Territorialitiy of United States Trademark Law13 Clothing Designs14 Domain Names Issues15 Right of Publicity and Cultural Images16 IP and Secured Financings17 IP and TaxIndexAbout the Editor and ContributorsVolume IVIntroduction1 The Architecture of the International Intellectual Property System2 Doing Deals with Al Capone: Paying Protection Money for Intellectual Property in the Global Knowledge Economy3 The TRIPs Agreement4 Challenges for International Harmonization of Intellectual Property Rights5 Beyond FTA Negotiations6 The Romance of the Public Domain7 International Intellectual Property, Conflicts of Law, and Internet Remedies8 Enforcement and Protection: Internal and External Considerations9 Recognizing Authority in the Marketplace: The Curious and Ubiquitous Problem of Gray Markets10 The EC Duration Directive and Its Legislative Background: An Example for the Complexity of the Harmonization of Laws in the European Community11 Across the Pond and Back Again: Digital Database Protection in the European Union and the United States12 Of Plant Variety Protection, Agricultural Subsidies, and the WTO13 Geographical Indications14 The Myth of Trademark Harmonization15 When the Same Patent Means Different Things in Different Jurisdictions: A Comparative Analysis of Patent Interpretation16 Indigenous Peoples and Emerging Protections for Traditional Knowledge17 The Role of Intellectual Property in Promoting International Trade and Foreign Direct Investment18 The Economics of Global Intellectual Property and Economic Development: A Survey19 Intellectual Property, Biological Resources, and Traditional Knowledge20 IP and Pubic Health21 IP and the Development AgendaIndexAbout the Editor and Contributors

Reviews/Endorsements

Reviews

"This four-volume set represents a prodigious effort on the part of the editor to gather over 70 chapter contributors. Each volume deals with a different aspect of intellectual property (IP). Rather than being a textbook on IP basics, this work focuses on insights from established and new players in the field on specific aspects of each topic. The following chapter titles provide a taste of the wide variety of subjects covered: The Evolving Doctrine of Copyright Misuse, Seed Wars: Controversies over Access to and Control of Plant Genetic Resources, The Territoriality of United States Trademark Law, and The Romance of the Public Domain. Each volume ends with contributor biographies and a detailed index. Since 90 percent of the authors are law professors, the slant of most chapters is legal. Numerous notes at the end of each chapter are heavily represented by law and case law citations. This scholarly work is not for the layperson. Highly recommended. Upper-level undergraduates through professionals/practitioners."—Choice

"Most discussions of intellectual property rights and issues have been regulated to lawyers and court decisions so it's refreshing to find a volume which moves outside the legal system to address information and digital issues for a more general audience. College-level students of computer science, sociology, legal issues and contemporary issues will find this four-volume reference set simply invaluable, packing in discussions of protections and challenges to novels, films, music, computer programs and other digitally-affected media, and examining protection efforts, legal rights, global and cross-border protections and strategies, and more. Each volume includes plenty of quotes and references from authoritative source material and studies, and each provides pro/con discussions of related issues, making for an outstanding survey that should be a top pick of any college-level collection."—Midwest Book Review - California Bookwatch

"In Editor Peter K. Yu's Intellectual Property and Information Wealth: Issues and Practices in the Digital Age, a bevy of experts seeks to explain the basics of intellectual property for you and me. . . .This is important reading on questions that are likely to get thornier."—American Libraries

"Yu viewed his purpose in putting together this four-volume set as the development of a comprehensive mini-library on intellectual property that covers both the basic and cutting edge issues. He has organized the material in accordance with the three main branches of intellectual property law (copyrights, patents, and trademarks) and added a final volume covering the increasingly important international developments."—Reference & Research Book News

"Intellectual Property and Information Wealth provides historical context, analysis and practical application for the increasingly complicated matter of intellectual property protection. . . .The four volumes that make up the set are quite detailed and are not aimed at the casual reader. Each volume addresses specific aspects related to and affected by
intellectual property. The volumes are divided according to the three main branches of intellectual property law, and the fourth volume places it in a global context. The broader approach in Volume 4 will most probably appeal to a wider audience, although it is definitely worth exploring the other volumes, even if one is not well-versed in intellectual property laws and policies. The discussions are clear and take the lay reader into consideration, especially by including overviews and more in-depth discussions of the latest developments in the field. To quote Yu, these volumes together form 'a comprehensive mini-library on intellectual property'. Each volume can also be read on its own."—Online Information Review

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