Emerging Issues in Intellectual Property: Trade, Technology and Market FreedomEssays in Honour of Herchel Smith

by Guido Westkamp

Overview

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.

Product Details

ISBN-13:	9781845427757
Publisher:	Edward Elgar Publishing
Publication date:	12/28/2007
Series:	Queen Mary Studies in Intellectual Property Law and Policy
Pages:	432
Product dimensions:	6.12(w) x 9.25(h) x 1.40(d)

About the Author

Edited by Guido Westkamp, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK

Table of 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

Editorial Reviews

‘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

‘. . . 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

‘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

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