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Emerging Issues in Intellectual Property
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Emerging Issues in Intellectual Property

Trade, Technology and Market Freedom Essays in Honour of Herchel Smith

9781845427757 Edward Elgar Publishing
Edited by Guido Westkamp, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK
Publication Date: 2007 ISBN: 978 1 84542 775 7 Extent: 432 pp
Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy.

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Critical Acclaim
Contributors
Contents
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This book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings: Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Technology and Resources.

Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy.

The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.
Critical Acclaim
‘. . . the book is a well-presented collection of scholarly articles on diverse, stimulating topics. . . The levels of explanation and detail vary from chapter-to-chapter and so the reader will probably find the book most helpful to consult for key topics of interest. . . The breadth of the book means that students, academics and interested practitioners should find areas that will appeal.’
– Frederick Chen, European Intellectual Property Review

‘Together the essays cover some of the most topical issues in IP and related fields, and should therefore be of immense interest – and value – to any serious student of the subject.’
– The Commonwealth Lawyer

‘It is an extremely thought-provoking book, crammed full of excellent papers which are genuinely original, and push forward the boundaries of their retrospective topics. . . the book is without doubt worth purchasing for anyone interested in IP theory, pharmaceuticals or traditional knowledge. . . the papers are of incredibly good quality. . . a few of those alone make the book worth purchasing. My impromptu rating system will therefore award it 5 out of 5 stars.’
– James Griffin, Communications Law
Contributors
Contributors: M. Blakeney, J. Cahir, G. Dutfield, G. Evans, A. Firth, J. Gibson, G. Lea, F. Leverve, M. Lightbourne, M.T. Mahop, S. Maniatis, D. Matthews, J. Phillips, M.S. Rajan, N. Shemtov, U. Suthersanen, G. Westkamp, D. Zografos
Contents
Contents:

Foreword
Michael Blakeney

PART I: TECHNOLOGY, MARKET FREEDOM AND THE PUBLIC DOMAIN
1. The Confusing Case of Mr Smith – Herchel Smith as Litigant
Jeremy Phillips

2. Auditing Intellectual Property Rights by Public Research Institutes
Michael Blakeney

3. Some Initial Thoughts on Copyright, Human Rights and Market Freedom
Uma Suthersanen

4. Changing Mechanisms in Copyright’s Ontology – Structure, Reasoning and the Fate of the Public Domain
Guido Westkamp

5. The Structure of Control – Communication Systems and Copyright Law
John Cahir

6. Circumventing the Idea/Expression Dichotomy: The Use of Copyright, Technology and Contract to Deny Access to Ideas
Noam Shemtov

7. The Pharmaceutical Industry, the Evolution of Patent Law and the Public Interest: A Brief History
Graham Dutfield

8. Seabirds, Series and Sonar: Claiming Registered Rights
Alison Firth

9. Post Sale Effects of a Trade Mark: Conceptual Necessity or a Gift to Trade Mark Proprietors?
Spyros Maniatis

PART II: INTELLECTUAL PROPERTY IN INTERNATIONAL TRADE
10. Intellectual Property Rights as Strategic Weapon: Domestic and International Trade Considerations
Gary Lea

11. Intellectual Property Law and Political Transformation: Post-Socialist Reform in Central and Eastern Europe
Mira Sundara Rajan

12. Lessons from Negotiating an Amendment to the TRIPs Agreement: Compulsory Licensing and Access to Medicines
Duncan Matthews

13. The International Protection of Geographical Indications Yesterday, Today and Tomorrow
Gail Evans and Michael Blakeney

PART III: TRADITIONAL KNOWLEDGE, TECHNOLOGY AND RESOURCES
14. Knowledge and Other Values – Intellectual Property and the Limitations for Traditional Knowledge
Johanna Gibson

15. Checking the Lie of the Land: Current Trends in Bioprospecting Related Laws
Florian Leverve

16. Avenues to Ensure Full Participation of Rural Communities in Access Authorisation Processes in Cameroon and South Africa
Marcelin Tonye Mahop

17. NERICA, Food Security and Intellectual Property: From the Green to the Gene Revolution
Muriel Lightbourne

18. The Appropriation of American Indian Names and Images in Trade Marks – The Washington Redskins Case
Daphne Zografos

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 84720 888 0
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