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  3. Cambridge Intellectual Property and Information Law

As its economic potential has rapidly expanded, intellectual property has become a subject of front-rank legal importance. Cambridge Intellectual Property and Information Law is a series of monograph studies of major current issues in intellectual property. Each volume contains a mix of international, European, comparative and national law, making this a highly significant series for practitioners, judges and academic researchers in many countries.

  • General Editors: Lionel Bently, University of Cambridge, Graeme Dinwoodie, Chicago-Kent College of Law, Illinois Institute of Technology
  • Advisory Editors: François Dessemontet, Université de Lausanne, Switzerland, Paul Goldstein, Stanford University, California, Robin Jacob, University College, London

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63 results in Cambridge Intellectual Property and Information Law

Page 3 of 4

Intellectual Property at the Edge
  • The Contested Contours of IP
  • Edited by Rochelle Cooper Dreyfuss, Jane C. Ginsburg
  • Published online:
    05 May 2014
    Print publication:
    19 June 2014
  • Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

Emerging Challenges in Privacy Law
  • Comparative Perspectives
  • Edited by Normann Witzleb, David Lindsay, Moira Paterson, Sharon Rodrick
  • Published online:
    05 May 2014
    Print publication:
    17 April 2014
  • This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Internet Privacy Rights
  • Rights to Protect Autonomy
  • Paul Bernal
  • Published online:
    05 April 2014
    Print publication:
    27 March 2014
  • Internet Privacy Rights analyses the current threats to our online autonomy and privacy and proposes a new model for the gathering, retention and use of personal data. Key to the model is the development of specific privacy rights: a right to roam the internet with privacy, a right to monitor the monitors, a right to delete personal data and a right to create, assert and protect an online identity. These rights could help in the formulation of more effective and appropriate legislation, and shape more privacy-friendly business models. The conclusion examines how the internet might look with these rights in place and whether such an internet could be sustainable from both a governmental and a business perspective.

Concepts of Property in Intellectual Property Law
  • Edited by Helena Howe
  • Edited in consultation with Jonathan Griffiths
  • Published online:
    05 October 2013
    Print publication:
    26 September 2013
  • Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.

Conflicts in the Knowledge Society
  • The Contentious Politics of Intellectual Property
  • Sebastian Haunss
  • Published online:
    05 April 2013
    Print publication:
    11 April 2013
  • In Conflicts in the Knowledge Society, Sebastian Haunss demonstrates how conflicts relating to the international system of intellectual property have resulted in new cleavages in the knowledge society. Furthermore, he argues that new collective actors have emerged from these conflicts with the ability to contest the existing dominant order. With a focus on political opportunity structures, collective action networks and framing strategies, he combines a theoretical discussion of social change in the knowledge society with empirical analyses of four recent developments: software patents in Europe, access to medicines, Creative Commons licensing and Pirate Parties.

Exclusions from Patentability
  • How Far Has the European Patent Office Eroded Boundaries?
  • Sigrid Sterckx, Julian Cockbain
  • Published online:
    05 October 2012
    Print publication:
    13 September 2012
  • Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.

New Frontiers in the Philosophy of Intellectual Property
  • Edited by Annabelle Lever
  • Published online:
    05 August 2012
    Print publication:
    05 July 2012
  • Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to lifesaving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.

The General Exception Clauses of the TRIPS Agreement
  • Promoting Sustainable Development
  • Edson Beas Rodrigues, Jr
  • Published online:
    05 May 2012
    Print publication:
    12 April 2012
  • The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.

The Law of Reputation and Brands in the Asia Pacific
  • Edited by Andrew T. Kenyon, Megan Richardson, Wee Loon Ng-Loy
  • Published online:
    05 June 2013
    Print publication:
    08 March 2012
  • Efforts to expand the scope of legal protection given to reputation and brands in the Asia Pacific region have led to considerable controversy. Written by a variety of experts, the essays in this book consider the developing law of reputation and brands in a fraught area.

Relocating the Law of Geographical Indications
  • Dev Gangjee
  • Published online:
    05 March 2012
    Print publication:
    23 February 2012
  • There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.

Fashioning Intellectual Property
  • Exhibition, Advertising and the Press, 1789–1918
  • Megan Richardson, Julian Thomas
  • Published online:
    05 March 2012
    Print publication:
    19 January 2012
  • Vigorous public debate about intellectual property has a long history. In this assessment of the shifting relationships between the law and the economic, social and cultural sources of creativity and innovation during the long-nineteenth century, Megan Richardson and Julian Thomas examine the 'fashioning' of the law by focusing on emblematic cases, key legislative changes and broader debates. Along the way, the authors highlight how, in 'the age of journalism', the press shaped, and was shaped by, the idea of intellectual property as a protective crucible for improvements in knowledge and progress in the arts and sciences. The engagement in our own time between intellectual property and the creative industries remains volatile and unsettled. As the authors conclude, the fresh opportunities for artistic diversity, expression and communication offered by new media could see the place of intellectual property in the scheme of law being reinvented once again.

Copyright and Piracy
  • An Interdisciplinary Critique
  • Edited by Lionel Bently, Jennifer Davis, Jane C. Ginsburg
  • Published online:
    17 November 2010
    Print publication:
    28 October 2010
  • An understanding of the changing nature of the law and practice of copyright infringement is a task too big for lawyers alone; it requires additional inputs from economists, historians, technologists, sociologists, cultural theorists and criminologists. Where is the boundary to be drawn between illegal imitation and legal inspiration? Would the answer be different for creators, artists and experts from different disciplines or fields? How have concepts of copyright infringement altered over time and how do such changes relate, if at all, to the cultural norms operating amongst creators in different fields? With such an approach, one might perhaps begin to address the vital and overarching question of whether strong copyright laws, rigorously enforced, impede rather than promote creativity. And what can be done to avoid any such adverse consequences, while maintaining the effectiveness of copyright as an incentive-mechanism for those who need it?

The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property
  • Jonathan Curci
  • Published online:
    04 August 2010
    Print publication:
    10 December 2009
  • The relationships between international intellectual property treaties, the United Nations international environmental treaties (first and foremost the Convention on Biological Diversity), the relevant customary norms and soft law form a complex network of obligations that sometimes conflict with each other. The first set of treaties creates private rights while the latter affirms the sovereignty rights of States over genetic resources and related knowledge and creates international regimes of exploitation of the same. Jonathan Curci proposes solutions to the conflicts between treaties through the concept of 'mutual supportiveness', including the construction of a national-access and benefit-sharing regime, mandatory contractual provisions in relevant international contracts, a defensive protection when genetic resource-related traditional knowledge is unjustly patented through the analysis of the concepts of 'ordre public and morality', 'certificate of origin' in the patent application and 'novelty-destroying prior art' and positive protection through existing and sui generis intellectual property rights and misappropriation regimes.

Gene Patents and Collaborative Licensing Models
  • Patent Pools, Clearinghouses, Open Source Models and Liability Regimes
  • Edited by Geertrui van Overwalle
  • Published online:
    14 January 2010
    Print publication:
    11 June 2009
  • Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape.

Trade Marks and Brands
  • An Interdisciplinary Critique
  • Edited by Lionel Bently, Jennifer Davis, Jane C. Ginsburg
  • Published online:
    13 April 2010
    Print publication:
    12 June 2008
  • Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

Software and Patents in Europe
  • Philip Leith
  • Published online:
    22 July 2009
    Print publication:
    18 October 2007
  • The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

The Internationalisation of Copyright Law
  • Books, Buccaneers and the Black Flag in the Nineteenth Century
  • Catherine Seville
  • Published online:
    25 July 2009
    Print publication:
    23 November 2006
  • Technological developments have shaped copyright law's development, and now the prospect of endless, effortless digital copying poses a significant challenge to modern copyright law. Many complain that copyright protection has burgeoned wildly, far beyond its original boundaries. Some have questioned whether copyright can survive the digital age. From a historical perspective, however, many of these 'new' challenges are simply fresh presentations of familiar dilemmas. This book explores the history of international copyright law, and looks at how this history is relevant today. It focuses on international copyright during the nineteenth century, as it affected Europe, the British colonies (particularly Canada), America, and the UK. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.

Privacy, Property and Personality
  • Civil Law Perspectives on Commercial Appropriation
  • Huw Beverley-Smith, Ansgar Ohly, Agnes Lucas-Schloetter
  • Published online:
    04 July 2009
    Print publication:
    24 November 2005
  • The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.

Copyright Exceptions
  • The Digital Impact
  • Robert Burrell, Allison Coleman
  • Published online:
    04 March 2010
    Print publication:
    24 February 2005
  • This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.

The Legal Protection of Databases
  • Mark J. Davison
  • Published online:
    30 June 2009
    Print publication:
    26 June 2003
  • Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.

Page 3 of 4