Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law.
Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.
Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development. But his work also has been controversial, and some of his arguments have received sustained criticism. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy. Yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship. And although his work has been widely discussed in the context of property in developing countries, it has not had the same impact on the property issues that arise in mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.
This important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment. This book will strongly appeal to intellectual property rights policymakers at the World Trade Organization and World Intellectual Property Organization, legal practitioners, academics and students.
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Designed for use in a four, five or six unit Property course, this casebook applies traditional property concepts in a distinctly modern context. The book begins with fundamental Property principles and concepts, followed by personal property with an introduction to intellectual property. Subsequent chapters cover present and future interests, concurrent estates, landlord and tenant law, real estate transactions, easements, covenants, and public land use regulation (including zoning, eminent domain and regulatory takings, and constitutional challenges based on due process, equal protection, freedom of speech and freedom of religion). The book is accompanied by a detailed Teacher's Manual.
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