This book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings; Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Intellectual Property and Biological Resources. Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy. The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.
Pt. I Technology, Market Freedom and the Public Domain
1. The confusing case of Mr. Smith - Herchel Smith as litigant by Jeremy Phillips.
2. Auditing intellectual property rights by public research institutes by Michael Blakeney.
3. Some initial thoughts on copyright, human rights and market freedom by Uma Suthersanen.
4. Changing mechanisms in copyright's ontology - Structure, reasoning and the fate of the public domain by Guido Westkamp.
5. The structure of control - Communication systems and copyright law by John Cahir.
6. Circumventing the idea/expression dichotomy: The use of copyright, technology and contract to deny access to ideas by Noam Shemtov.
7. The pharmaceutical industry, the evolution of patent law and the public interest: A brief history by Graham Dutfield.
8. Seabirds, series and sonar: Claiming registered rights by Alison Firth.
9. Post sale effects of a trade mark: Conceptual necessity or a gift to trade mark proprietors? by Spyros Maniatis.
Pt. II Intellectual Property and International Trade
10. Intellectual property rights as strategic weapon: Domestic and international trade considerations by Gary Lea.
11. Intellectual property law and political transformation: Post-socialist reform in Central and Eastern Europe by Mira Sundara Rajan.
12. Lessons from negotiating an amendment to the TRIPS Agreement: Compulsory licensing and access to medicines by Duncan Matthews.
13. The international protection of geographical indications yesterday, today and tomorrow by Gail Evans and Michael Blakeney.
Pt. III Traditional Knowledge, Technology and Resources
14. Knowledge and other values - Intellectual property and the limitations for traditional knowledge by Johanna Gibson.
15. Checking the lie of the land: Current trends in bioprospecting related laws by Florian Leverve.
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