Concepts of Property in Intellectual Property Law

Author: Helena Howe
Publisher: Cambridge University Press
ISBN: 1107435722
Format: PDF, ePub, Mobi
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Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.

Property Aspects of Intellectual Property

Author: Ole-Andreas Rognstad
Publisher: Cambridge Intellectual Property and Information Law
ISBN: 1107072050
Format: PDF, Mobi
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Comprehensively discusses different aspects of the property metaphor in relation to intellectual property in a transnational perspective.

Owning Ideas

Author: Oren Bracha
Publisher: Cambridge University Press
ISBN: 0521877660
Format: PDF, ePub
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This book examines the development of the concept of intellectual property in the United States during the nineteenth century.

Constructing Intellectual Property

Author: Alexandra George
Publisher: Cambridge University Press
ISBN: 1107014611
Format: PDF, Kindle
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What is "intellectual property"? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation, and it does so through the application of a collection of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct "intellectual property," the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed "creatorship" - and originality, and it helps to explain the role of intellectual property from a structural (rather than the traditional normative) perspective.

Intellectual Property and the Common Law

Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1107014158
Format: PDF, Docs
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Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.

Intellectual Property at the Edge

Author: Rochelle Cooper Dreyfuss
Publisher: Cambridge University Press
ISBN: 1107034000
Format: PDF, Kindle
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Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.

Intellectual Property and General Legal Principles

Author: Graeme B. Dinwoodie
Publisher: Edward Elgar Publishing
ISBN: 178471495X
Format: PDF, Docs
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The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What

Copyright and Piracy

Author: Lionel Bently
Publisher: Cambridge University Press
ISBN: 0521193435
Format: PDF, ePub, Docs
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An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

The Intellectual Property Holding Company

Author: Jeffrey A. Maine
Publisher: Cambridge University Press
ISBN: 1108327125
Format: PDF, Mobi
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Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.