The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used. The book portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by (among other things) use of historical, comparative and empirical analysis. It also highlights the emergence in the US of law and economics as one of the dominant paradigms through which to consider intellectual property law. But it also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research. Methods and Perspectives in Intellectual Property will prove valuable for professors, researchers, policymakers and students in intellectual property law as well as other related areas.
Contents: 1. The Role of Comparative Legal Analysis in Intellectual Property Law: From Good To Great? Irene Calboli 2. Comparative Approaches to Fair Use: An Important Impulse for Reforms in EU Copyright Law Martin Senftleben 3. A Fundamental Critique of the Law-and-Economics Analysis of Intellectual Property Rights Andreas Rahmatian 4. The Applicability of Diminishing Return's Law to the Patent System Yasser M. Gadallah 5. Trade Marks and Quality Assurance Andrew Griffiths 6. The Social Function of Intellectual Property Rights, Or how Ethics can Influence the Shape and Use of IP Law Christophe Geiger 7. Transcoding and Transformation: A Cultural Studies Approach to Copyright Fair Use Doctrine David Tan 8. Intellectual Property and Sustainable Development: A Distributive Justice Perspective Maciej Barczewski and Dorota Pyc 9. The Development Imperative in the Global IP System: Some Reflections on Developing Africa Adebambo Adewopo 10. PPPs in Global IP (Public - Private Partnerships in Global Intellectual Property) Margaret Chon 11. Understanding Intellectual Property Niklas Bruun 12. Exclusion and Access in Copyright Law: The Unbalanced Features of the InfoSoc Directive Gustavo Ghidini 13. Access to Medicines and the Growth of the Pharmaceutical Industry in Britain Phillip Johnson 14. Can a Culture of Crowdsourcing be Harnessed to Enhance the Validity and Narrow the Scope of Issued Patents? The Peer-to-Patent Pilots Margaret Ann Wilkinson 15. What can Intellectual Property Law Learn from Happiness Research? Estelle Derclaye Index
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