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Originality and Intellectual Property in the French and English Enlightenment

Originality and Intellectual Property in the French and English Enlightenment
Author: Reginald McGinnis
Publisher: Routledge
Total Pages: 293
Release: 2013-10-17
Genre: Literary Criticism
ISBN: 1135024618

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Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.


Dutfield and Suthersanen on Global Intellectual Property Law

Dutfield and Suthersanen on Global Intellectual Property Law
Author: Graham Dutfield
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2020-01-31
Genre: Law
ISBN: 1782548831

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A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.


Intellectual Property and the Design of Nature

Intellectual Property and the Design of Nature
Author: Bellido
Publisher: Oxford University Press
Total Pages: 401
Release: 2023-09-21
Genre: Education
ISBN: 0192864408

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Intellectual property law has been interacting with nature for over two centuries. Despite this long history, this relationship has largely been ignored. Intellectual Property and the Design of Nature fills this gap by bringing together scholars from different disciplines to examine the important role that nature plays in intellectual property law. Based on the idea that many contemporary issues require a better understanding of these historical interactions, the book reflects on the ways intellectual property law has engaged with and understood nature in the past. The varied contributions show how the relationship between nature and intellectual property law is often more complex, permeable, and porous than is commonly recognized. Intellectual Property and the Design of Nature demonstrates the complex and changing role that nature has played in the history of intellectual property law. Each of the chapters casts a new light on these connections. A compelling read for everyone interested in exploring new perspectives in the field of intellectual property.


Originality in EU Copyright

Originality in EU Copyright
Author: Eleonora Rosati
Publisher: Edward Elgar Publishing
Total Pages: 300
Release: 2013-10-31
Genre: Law
ISBN: 1782548947

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Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book�s holistic approach and methodology t


Justifying Intellectual Property

Justifying Intellectual Property
Author: Robert P. Merges
Publisher: Harvard University Press
Total Pages: 422
Release: 2011-06-13
Genre: Law
ISBN: 0674061128

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Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge. In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.


Forgotten Intellectual Property Lore

Forgotten Intellectual Property Lore
Author: Shubha Ghosh
Publisher: Edward Elgar Publishing
Total Pages: 448
Release: 2020-10-30
Genre: Law
ISBN: 1788978714

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This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.


The Books that Made the European Enlightenment

The Books that Made the European Enlightenment
Author: Gary Kates
Publisher: Bloomsbury Publishing
Total Pages: 457
Release: 2022-08-11
Genre: History
ISBN: 1350277673

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In contrast to traditional Enlightenment studies that focus solely on authors and ideas, Gary Kates' employs a literary lens to offer a wholly original history of the period in Europe from 1699 to 1780. Each chapter is a biography of a book which tells the story of the text from its inception through to the revolutionary era, with wider aspects of the Enlightenment era being revealed through the narrative of the book's publication and reception. Here, Kates joins new approaches to book history with more traditional intellectual history by treating authors, publishers, and readers in a balanced fashion throughout. Using a unique database of 18th-century editions representing 5,000 titles, the book looks at the multifaceted significance of bestsellers from the time. It analyses key works by Voltaire, Adam Smith, Madame de Graffigny, Jean-Jacques Rousseau and David Hume and champions the importance of a crucial innovation of the age: the rise of the 'erudite blockbuster', which for the first time in European history, helped to popularize political theory among a large portion of the middling classes. Kates also highlights how, when, and why some of these books were read in the European colonies, as well as incorporating the responses of both ordinary men and women as part of the reception histories that are so integral to the volume.


The Plagiarism Allegation in English Literature from Butler to Sterne

The Plagiarism Allegation in English Literature from Butler to Sterne
Author: R. Terry
Publisher: Springer
Total Pages: 215
Release: 2010-09-22
Genre: Fiction
ISBN: 0230289916

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Contributing to the growth in plagiarism studies, this timely new book highlights the impact of the allegation of plagiarism on the working lives of some of the major writers of the period, and considers plagiarism in relation to the emergence of literary copyright and the aesthetic of originality.


Governing Intellectual Property Rights Within Publicly Funded Biobanks

Governing Intellectual Property Rights Within Publicly Funded Biobanks
Author: Rajam Neethu
Publisher: Kluwer Law International B.V.
Total Pages: 342
Release: 2019-06-21
Genre: Law
ISBN: 9403506229

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Governing Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.


Literary Characters in Intellectual Property Law

Literary Characters in Intellectual Property Law
Author: Jani McCutcheon
Publisher: Edward Elgar Publishing
Total Pages: 303
Release: 2023-03-02
Genre: Law
ISBN: 1788114329

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This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.