The past 20 years have seen a revolution in the way that we live, socialise and do business around the globe. Borders and barriers have fallen, giving consumers of digital information unlimited sources of data. The Internet has created a universe of convenience for the consumer. Just as society evolves, so too must the law. The sharing of online content creates challenges for IP law, well beyond the scope of the pre-digital era. Content containing intellectual property can be shipped instantaneously around the world with the click of a mouse. We face a modern problem that our technological world accelerates at a rate that can leave our IP framework in the dust. We have seen these examples played out in the music and film industries, as well as in the electronic book publishing industry. We have also come to see that the enforcement of IP rights in cyberspace gives rise to unique cross-border enforcement issues. Edited by Neville Cordell, IP partner at international law firm Allen & Overy, this guide contains analysis and guidance on how IP laws are applied to the Internet in 19 major jurisdictions worldwide, including chapters from leading experts at Herbert Smith Freehills, Norton Rose Fulbright, Clifford Chance, Quinn Emanuel and Kim & Chang. Chapters explore, on a comparative basis, the means of protection for a range of online content offered by copyright and database rights, trademarks and patents, considering issues such as infringement, liability, possible exemptions and remedies including disclosure orders against internet service providers. This exciting new title is essential reading for lawyers, in-house counsel, media and business professionals who must deal with the challenges of managing digital intellectual property and wish to understand how best to protect such works from infringement internationally.
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.
Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
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