'Intellectual property' - patents and copyrights - have become controversial. We witness teenagers being sued for 'pirating' music - and we observe AIDS patients in Africa dying due to lack of ...ability to pay for drugs that are high priced to satisfy patent holders. Are patents and copyrights essential to thriving creation and innovation - do we need them so that we all may enjoy fine music and good health? Across time and space the resounding answer is: No. So-called intellectual property is in fact an 'intellectual monopoly' that hinders rather than helps the competitive free market regime that has delivered wealth and innovation to our doorsteps. This book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples. The authors conclude that the only sensible policy to follow is to eliminate the patents and copyright systems as they currently exist.
Bioprospecting--the exchange of plants for corporate promises of royalties or community development assistance--has been lauded as a way to develop new medicines while offering southern nations and ...indigenous communities an incentive to preserve their rich biodiversity. But can pharmaceutical profits really advance conservation and indigenous rights? How much should companies pay and to whom? Who stands to gain and lose? The first anthropological study of the practices mobilized in the name and in the shadow of bioprospecting, this book takes us into the unexpected sites where Mexican scientists and American companies venture looking for medicinal plants and local knowledge. Cori Hayden tracks bioprospecting's contentious new promise--and the contradictory activities generated in its name. Focusing on a contract involving Mexico's National Autonomous University, Hayden examines the practices through which researchers, plant vendors, rural collectors, indigenous cooperatives, and other actors put prospecting to work. By paying unique attention to scientific research, she provides a key to understanding which people and plants are included in the promise of "selling biodiversity to save it"--and which are not. And she considers the consequences of linking scientific research and rural "enfranchisement" to the logics of intellectual property. Roving across UN protocols, botanical collecting histories, Mexican nationalist agendas, neoliberal property regimes, and North-South relations, When Nature Goes Public charts the myriad, emergent publics that drive and contest the global market in biodiversity and its futures.
Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and ...trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms.Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.
The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have ...all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys.
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of ...intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
The push towards research commercialisation at universities has highlighted the importance of intellectual property (IP) policies in fostering innovation and guiding and managing research ...commercialisation activities. This paper undertakes a content analysis of intellectual property policies of all (37) Australian public universities, focusing on policy objectives, definition of IP, ownership of IP created by different creators, and distribution of net commercialisation revenues. It is found that all universities assert ownership over staff-created IP, particularly when related to employment or utilisation of university resources. For students, policies tend to balance their rights with university interests, with nuanced approaches for different types of student participation, but the focus of most policies was on postgraduate students engaging in research activities. While some policies had clear arrangements for IP created by visitors and affiliates and Indigenous cultural and intellectual property (ICIP), about a quarter of policies did not specify arrangements for these groups. Revenue sharing arrangements vary but generally award something between a third to a half of net revenue to creators, to both acknowledge their contribution and incentivise further innovation. Policies included a broad spectrum of objectives, from protecting and commercialising IP to fostering innovation and societal benefit, reflecting varying strategies across the higher education sector. Policies could benefit from further clarity in certain areas such as the rights of students or other creator groups. Research is needed to assess the effectiveness of these policies and their influence on innovation and commercialisation activities.
This publication addresses the role of national systems of IP in the socio-economic development of emerging countries, notably through their impact on innovation. It presents a framework that ...identifies the key mechanisms that enable IP systems to support emerging countries innovation and development objectives. The report also discusses two IP country studies conducted for Colombia and Indonesia. These are based on analyses of the national intellectual property systems, drawing on country missions that gathered detailed information and feedback from more than 100 stakeholders on IP-related priorities and bottlenecks. Concrete policy recommendations are provided for both countries.
In a series of articles published inTait's Magazinein 1834, Thomas DeQuincey catalogued four potential instances of plagiarism in the work of his friend and literary competitor Samuel Taylor ...Coleridge. DeQuincey's charges and the controversy they ignited have shaped readers' responses to the work of such writers as Coleridge, Lord Byron, William Wordsworth, and John Clare ever since. But what did plagiarism mean some two hundred years ago in Britain? What was at stake when early nineteenth-century authors levied such charges against each other? How would matters change if we were to evaluate these writers by the standards of their own national moment? And what does our moral investment in plagiarism tell us about ourselves and about our relationship to the Romantic myth of authorship? InPlagiarism and Literary Property in the Romantic Period, Tilar Mazzeo historicizes the discussion of late eighteenth- and early nineteenth-century plagiarism and demonstrates that it had little in common with our current understanding of the term. The book offers a major reassessment of the role of borrowing, textual appropriation, and narrative mastery in British Romantic literature and provides a new picture of the period and its central aesthetic contests. Above all, Mazzeo challenges the almost exclusive modern association of Romanticism with originality and takes a fresh look at some of the most familiar writings of the period and the controversies surrounding them.
•The article presents three fundamental intellectual property (IP) protection strategies.•A defensive strategy avoids spillovers, while a collaborative strategy nurtures collaborations.•An impromptu ...strategy describes firms protecting their IP without a clear purpose.•Most firms in the investigated sample have an impromptu strategy.•We study the effect of the three strategies on outbound open innovation performance.
Adequate management of intellectual property (IP) is critical to sustaining competitive advantage and managing outbound open innovation (OI), which describes the inside-out flows of knowledge and technology. This article presents an IP strategic framework comprising the following strategies: a ‘defensive’ strategy, aimed at avoiding knowledge spillovers and building barriers to competition; a ‘collaborative’ strategy, aimed at collaborating with other organizations and entering new markets; and an ‘impromptu’ strategy, which describes firms protecting their IP without a clear purpose. We investigate the relationships of such IP strategies with outbound OI and innovation performance in 158 Italian firms. Most of them declared an impromptu IP strategy. We found that not having any IP protection strategy can be a barrier to outbound OI and that firms with a defensive IP strategy embraced outbound OI more than those declaring a collaborative IP strategy. Finally, firms with collaborative IP strategies outperformed those with defensive strategies.
The Afterlife of Character, 1726-1825reconstructs how eighteenth-century British readers invented further adventures for beloved characters, including Gulliver, Falstaff, Pamela, and Tristram Shandy. ...Far from being close-ended and self-contained, the novels and plays in which these characters first appeared were treated by many as merely a starting point, a collective reference perpetually inviting augmentation through an astonishing wealth of unauthorized sequels. Characters became an inexhaustible form of common property, despite their patent authorship. Readers endowed them with value, knowing all the while that others were doing the same and so were collectively forging a new mode of virtual community. By tracing these practices, David A. Brewer shows how the literary canon emerged as much "from below" as out of any of the institutions that have been credited with their invention. Indeed, he reveals the astonishing degree to which authors had to cajole readers into granting them authority over their own creations, authority that seems self-evident to a modern audience. In its innovative methodology and its unprecedented attention to the productive interplay between the audience, the book as a material artifact, and the text as an immaterial entity,The Afterlife of Character, 1726-1825offers a compelling new approach to eighteenth-century studies, the history of the book, and the very idea of character itself.
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