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              Books in the Routledge Research in Intellectual Property series

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              Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing

              Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing (Hardback)

              Edited by Adhikari, Kamalesh; Lawson, Charles

              • RRP: $263.00
              • $263.00
              • In Stock At Publisher

              Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biologica...l materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.
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              ISBN 9781138298620
              Released AU 16 Mar 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              In stock at publisher; delivery usually 15-20 working days due to covid19 delays
              View details for this title
              Intellectual Property Overlaps: Theory, Strategies, and Solutions
               

              Intellectual Property Overlaps: Theory, Strategies, and Solutions (Hardback)

              By Tomkowicz, Robert

              • RRP: $263.00
              • $263.00
              • To Order/ Indent titles

              Intellectual property is traditionally split into three main segments that of copyright, patents and trademarks. In theory, each category of intellectual creations should belong in only one segment of the system and only to the extent authorized by relevant statutory provisions o...r judicial doctrines. However, as the scope of each segment expanded, their boundaries began to overlap, which resulted in consequences that had not been anticipated at the time of their inception and the issue of intellectual property rights overlaps surfaced. When the statutory monopoly expires, most intellectual property rights should vest in the general public. In practice however, due to overlaps of the segments comprising intellectual property system, some of the creations or inventions have qualities that make them capable of being protected under more than one intellectual property monopoly. For example, a machine can be protected under patent law, but drawings of that machine could enjoy copyright protection. The book identifies the complex interfaces between different intellectual property rights, especially in the context of new technologies, such as computer programs and the internet. The book considers intellectual property rights and their overlaps in light of the right's purposes, relying on the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. In doing so the book investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The book considers experiences of different jurisdictions with the overlaps, the US, the UK, and Canada in particular. The book will also present solutions to identified and potentially objectionable uses of overlapping rights in an attempt to provide jud
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              ISBN 9780415668163
              Released AU 12 Sep 2011
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Intellectual Property and Traditional Knowledge in the Global Economy: Translating Geographical Indications for Development
               

              Intellectual Property and Traditional Knowledge in the Global Economy: Translating Geographical Indications for Development (Hardback)

              By Dagne, Teshager W.

              • RRP: $263.00
              • $263.00
              • To Order/ Indent titles

              In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellec...tual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a
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              ISBN 9781138013902
              Released AU 11 Sep 2014
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Health Technologies and International Intellectual Property Law: A Precautionary Approach
               

              Health Technologies and International Intellectual Property Law: A Precautionary Approach (Hardback)

              By Li, Phoebe

              • RRP: $263.00
              • $263.00
              • To Order/ Indent titles

              From the late twentieth century onwards, several global virus transmissions have challenged the values and rights of states' in the international legal framework. The emergence of these newly-discovered infectious diseases exposes the lack of a mature legal framework in internati...onal public health to provide prompt, concrete and specific guidance during a large-scale emergency. This book argues that a precautionary approach should be taken in the international intellectual property regime in order to enhance access to medicines in a public health emergency. The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. The book analyses the compulsory licensing mechanism in both WTO and GATT jurisprudence focusing on exception provisions, the 'like-product' analysis and the precautionary framework of the (Agreement on the Application of Sanitary and Phytosanitary Measures. It shows how states could begin to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to enhance the right to health. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency.
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              ISBN 9780415823616
              Released AU 11 Dec 2013
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Indent title (sourced internationally), Allow 8-12 weeks due to Covid 19 freight delays
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              Copyright Law and Derivative Works: Regulating Creativity

              Copyright Law and Derivative Works: Regulating Creativity (Hardback)

              By Rachum-Twaig, Omri

              • RRP: $242.00
              • $242.00
              • In Stock At Publisher

              Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the crea...tive process? This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates-the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theory, and offers new legal-theoretical justifications for the right to make derivative works. As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars and practitioners interested in intellectual property and copyright law.
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              ISBN 9781138343276
              Released AU 10 Dec 2018
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              In stock at publisher; delivery usually 15-20 working days due to covid19 delays
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              Biotechnology, Patents and Morality: A Deliberative and Participatory Paradigm for Reform

              Biotechnology, Patents and Morality: A Deliberative and Participatory Paradigm for Reform (Hardback)

              By O'Sullivan, Maureen

              • RRP: $242.00
              • $242.00
              • Delayed Release

              Based on author's thesis (doctoral - University of Edinburgh, 2018) issued under title: Morality patently matters: the case for a universal suffrage for morally controversial biotechnological patents.

              ISBN 9780367181246
              Released AU 21 Aug 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Pre-order title, release date has been delayed
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              Annotated Leading Trademark Cases in Major Asian Jurisdictions

              Annotated Leading Trademark Cases in Major Asian Jurisdictions (Hardback)

              Edited by Liu, Kung-Chung

              • RRP: $273.00
              • $273.00
              • Delayed Release

              There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book a...nalyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
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              ISBN 9780367313432
              Released AU 30 Nov 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Pre-order title, release date has been delayed
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              SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity

              SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Hardback)

              Edited by Liu, Kung-Chung; Hilty, Reto M.

              • RRP: $273.00
              • $273.00
              • Delayed Release

              This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especia...lly in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
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              ISBN 9780367429379
              Released AU 5 Dec 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Pre-order title, release date has been delayed
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              Intellectual Property Rights and Competition in Standard Setting: Objectives and tensions

              Intellectual Property Rights and Competition in Standard Setting: Objectives and tensions (Hardback)

              By Torti, Valerio

              • RRP: $263.00
              • $263.00
              • In Stock At Publisher

              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.
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              ISBN 9781138941571
              Released AU 26 Oct 2015
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              In stock at publisher; delivery usually 15-20 working days due to covid19 delays
              View details for this title
              Intellectual Property and Access to Medicines in Africa: A Regional Framework for Access

              Intellectual Property and Access to Medicines in Africa: A Regional Framework for Access (Hardback)

              By Owoeye, Olasupo

              • RRP: $242.00
              • $242.00
              • Delayed Release

              Based on author's thesis (doctoral - University of Tasmania, 2014) issued under title: Patents for pharmaceuticals and access to affordable medicines: towards an all-encompassing access paradigm for Africa.

              ISBN 9781138343382
              Released AU 16 Jul 2019
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Series Routledge Research in Intellectual Property
              Availability
              Pre-order title, release date has been delayed
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