The Cultural Life of Intellectual Properties

The Cultural Life of Intellectual Properties PDF

Author: Rosemary J. Coombe

Publisher: Duke University Press

Published: 1998-10-13

Total Pages: 484

ISBN-13: 9780822321194

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DIVAn ethnography of inellectual property, discussing the uses made of items of inellectual property by various cultural groups -- for purposes of identity, solidaritiy, resistance and so forth. /div

Intellectual Property Law and the Fourth Industrial Revolution

Intellectual Property Law and the Fourth Industrial Revolution PDF

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2020-05-22

Total Pages: 308

ISBN-13: 9403522135

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The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.

Owning Culture

Owning Culture PDF

Author: Kembrew McLeod

Publisher: Peter Lang Incorporated, International Academic Publishers

Published: 2001

Total Pages: 304

ISBN-13:

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Owning Culture demonstrates how intellectual property law has expanded to allow for private ownership of a remarkable array of things, from the patenting of human genes linked to breast cancer to the trademarking of the phrases «home style» and «freedom of ownership.» This book examines diverse areas of contemporary life affected by intellectual property law, including sampling practices in hip-hop music, the appropriation of Third World indigenous knowledge about the medical uses of plants, the effects of seed patenting on farming, and the impact of copyright law on folk music-making. By placing under scrutiny the individualistic, Western conception of the «author» that grounds intellectual property law, Kembrew McLeod shows how borrowing practices have been - and continue to be - central to cultural production. Additionally, this book highlights how intellectual property law facilitates the privatization of culture and the transfer of power into the hands of wealthy individuals and corporations. Clearly written, thoughtful, and thought provoking, Owning Culture provides an innovative approach to the study of culture and law.

Intellectual Property Law

Intellectual Property Law PDF

Author: Anne Flanagan

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 233

ISBN-13: 1849806705

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Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.

A Philosophy of Intellectual Property

A Philosophy of Intellectual Property PDF

Author: Peter Drahos

Publisher: Routledge

Published: 2016-12-05

Total Pages: 383

ISBN-13: 1351962086

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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 emphasizes 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, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.

The Real Culture War

The Real Culture War PDF

Author: Gerard Michael Emershaw

Publisher: Createspace Independent Publishing Platform

Published: 2014-09-07

Total Pages: 0

ISBN-13: 9781493795789

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In his book Culture Warrior, Bill O'Reilly--the host of the Fox News Channel show "The O'Reilly Factor"--incorrectly characterizes the Culture War as a social, political, and intellectual struggle between "traditionalists" and "secular-progressives." THE REAL CULTURE WAR analyzes, dissects, and discredits Bill O'Reilly's conception of the Culture War and argues that he gets it all wrong. His "traditionalism" and "secular-progressivism" are merely two heads of the same collectivist beast. THE REAL CULTURE WAR pits Individualism versus Collectivism. Individualism states that human beings have intrinsic value and possess the natural rights to life, liberty, and property. This view was held by the Founding Fathers. Collectivism states that human beings only have value in virtue of their relationship to the collective. This view was held by the "Philosopher-Kings" (PKs)--tyrannical leaders who view themselves as enlightened and exempt themselves from the draconian laws they force upon others. PKs discussed in THE REAL CULTURE WAR include Mussolini, Hitler, Stalin, and Mao as well as American leaders Theodore Roosevelt, Woodrow Wilson, Herbert Hoover, Franklin D. Roosevelt, Al Gore, George W. Bush, and Barack Obama. The intellectual, historical, and empirical foundations of Individualism and Collectivism are examined, and it is argued that logic and reason establish that Individualism is the superior worldview because Individualism naturally leads to peace, prosperity, and freedom whereas Collectivism invariably leads to war, poverty, and tyranny. Specific formulations of Collectivism--Communism, Fascism/Nazism, Progressivism, Environmentalism, Neoconservatism, Racism, Religionism, Corporatism, and Labor Unionism--are fully exposed and critiqued. Next, an alternate conception of government in the form of the Individualist State is developed and defended while building the "Night-Watchman State" from first principles. Within this "Minarchist State" is a system of taxation which provides a justifiable connection between the tax paid by the people in order to maintain the State whose duty it is to defend the natural rights of the people. These natural rights--life, liberty, and property--are each examined in depth and controversial issues related to them are analyzed fully in order to present philosophically sound solutions. Additionally, the structure and functions of the three branches of government--Executive, Legislative, and Judicial--of the Individualist State are explained, and it is demonstrated that the form of government written into the Constitution is a "Night-Watchman State" similar to the Individualist State. Later, modern threats to Individualism--the economic tyranny of the Federal Reserve, the globalism of the New World Order, and the collectivist Neo-Progressivism of President Barack Obama--within the United States are described in detail. Finally, a five-step plan of action is revealed for what individualists can do to win the Real Culture War.

Copy Fights

Copy Fights PDF

Author: Adam D. Thierer

Publisher: Cato Institute

Published: 2002

Total Pages: 340

ISBN-13: 9781930865259

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A debate on the theory of intellectual property, the

Managing the Legal Nexus Between Intellectual Property and Employees

Managing the Legal Nexus Between Intellectual Property and Employees PDF

Author: Lynda J. Oswald

Publisher: Edward Elgar Publishing

Published: 2015-06-29

Total Pages: 325

ISBN-13: 1783479264

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The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and