This book explores the challenges that emerging technologies and technology driven practices pose for traditional notions of intellectual property (IP) law and policy. Chapters offer perspectives from across the IP law spectrum and address questions such as; is the law evolving in the right direction and is the regulation of emerging technology supported by sound policy objectives? Covering a diverse range of topics, this book exposes the intimate relationship between IP and technology.
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Law and Practice
Certification and Collective Marks is a thoroughly updated and augmented edition of Certification Marks, first published in 2002. This comprehensive study forms a wide-ranging inquiry, with comparisons of the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. This publication is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products.
This illuminating research review details leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. This review offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike.
Edited by Jessica C. Lai and Antoinette Maget Dominicé
Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
Edited by Dana Beldiman
As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of intellectual property (IP). This book examines the fundamental issues regarding the collaborative use of IP and discusses emerging trends including: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.
Strategies, Contexts and Challenges
Edited by Ken Shao and Xiaoqing Feng
China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers. This book is an insightful response to ill-conceived notions of, and mis-assumptions regarding, the Chinese innovation economy. It represents an effort to marry a variety of “insiders’ perspectives” from China, with the analysis of international scholars.
Edited by Sanghoon Ahn, Bronwyn H. Hall and Keun Lee
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.
Edited by Ruth Towse and Christian Handke
Digital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between producers and consumers. This unique resource presents an up-to-date overview of academic research on the impact of digitization in the creative sector of the economy.
Public Policy and the Efficiency of Capital Markets
Carl Benedikt Frey
Following the transition of industrial nations to knowledge economies, the financing of technological innovation has become a central issue in public policy, corporate finance and business management. This detailed book examines the role of intellectual property rights in facilitating the financing of technological innovation as well as the role of policy makers, investors and managers in this process. The book’s central finding is that public policy plays a key role in promoting the corporate disclosure of intellectual property-related information to enhance the efficiency of capital markets. This not only reduces the costs of capital for technology-driven firms but ultimately spurs innovation and economic growth.
Do Legal Rules Deliver Effective Economic Outcomes?
Hazel V.J. Moir
This empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy.