Suchergebnisse

chapter 1 Introduction -- chapter 2 Intellectual Property and the EC Treaty - the Jurisprudence of the European Court -- chapter 3 Intellectual Property and the EC Treaty Licensing Agreements and the European Competition Rules -- chapter 4 Trade Marks -- chapter 5 The EC and the Reform of the Law Affecting Design Protection -- chapter 6 The EC and the Reform of Patents -- chapter 7 The EC and the Reform of the Law Affecting Copyright and Neighbouring Rights -- chapter 8 Conclusion.

AbstractThis article discusses Intellectual Property Rights (IPR) and in particular global IPR expansion. That globally protected intellectual property (IP) is more valuable than ever must be set against the fact that today's global network capitalism, in which IP is so valuable, also enables information to circulate beyond IP control. Similarly, global IP expansion and its resistance go hand in hand, as global IP expansionist policy contains but also encourages infringement. We document this conflict, the paradoxical space affording it, the boundary disputes that manifest it, and the global IP expansionist policy 'ratchet' designed, but which fails, to contain it. We then evaluate global IPRs and the case for extensions, as manifested in treaties such as ACTA, TPP and TTIP. This evaluation is undertaken though specific examinations of copyright, patent and trademark laws. Claims for the overall social benefit of global IP harmonisation and expansion policies are rejected.

Are intellectual property rights like other property rights? More and more of the world's knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects – objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far-reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach – an approach which emphasises the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, and legal scholars, as well as those professionals concerned with policy issues raised by modern technologies and the information society.

In this timely and readable volume, law professor Aaron Schwabach explores the three traditional categories of intellectual property?copyright, patent, and trademark. He traces their historical development from medieval times to the present and observes how intellectual property law has responded to successive waves of technological change. Intellectual Property examines all sides of current controversies and crises in this fast-changing field, particularly those resulting from the digital information revolution. Because ideas are not constrained by national borders, the author focuses on intellectual property, including trade secrets, as an international phenomenon, emphasizing the experiences and contributions of a wide variety of countries and cultures. An essential resource for students and researchers?and anyone else who needs to know how to use and/or protect intellectual property.