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The Cambridge Handbook of Investment-Driven Intellectual Property

The Cambridge Handbook of Investment-Driven Intellectual Property

The Cambridge Handbook of Investment-Driven Intellectual Property

Enrico Bonadio, City, University of London
Patrick Goold, City, University of London
March 2023
This ISBN is for an eBook version which is distributed on our behalf by a third party.
Adobe eBook Reader
9781108996778
$212.00
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Hardback

    This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

    • Explores the increasingly non-creative and investment-driven nature of intellectual property (IP) law
    • Analyzes major jurisdictions such as the US, EU, and UK
    • Includes both comparative law analysis and empirical approaches

    Reviews & endorsements

    ‘This Handbook maps the exploding universe of intellectual property – with the expansion of the galaxies of copyright law, trade mark law, and patent law, and the creation of a constellation of new sui generis forms of intellectual property. This Handbook charts the investor-driven nature of this enlargement of intellectual property – looking at how investors have pushed back the boundaries of subject matter, with batteries of test cases and self-interested law reform. This Handbook raises doubts about the predominance of investment as a dominant philosophical underpinning of intellectual property. This Handbook questions whether this investor-led growth of case law and law reform in intellectual property is justified. This Handbook worries whether Wall Street should really dictate the future shape and boundaries of intellectual property law and policy.' Matthew Rimmer, Professor in Intellectual Property and Innovation Law at the Faculty of Business and Law, at the Queensland University of Technology (QUT)

    ‘This is a stimulating collection of essays that explores the investment-driven nature of much of IP law. A diverse array of experts examine IP, quasi-IP, related and sui generis rights, ranging from software protection, test data exclusivity, and database rights to sound recordings, the press publishers’ right and designs protection, and to well-known trade marks, ambush marketing, and GIs. In so doing, the book sheds light on the shaky foundations of the investment justification for IP protection.’ Tanya Aplin, Professor of Intellectual Property Law, King’s College London, and co-author of Global Mandatory Fair Use: The Nature and Scope of the Right to Quote Copyright Works

    ‘While the conventional narrative on IP is that it promotes creation, this book demonstrates how IP has shifted to protect investment even of non-creative products. Scholars and policy makers will benefit from original contributions that enlighten on what has been one of the key driving forces of the expansion of IP for the twenty-first century.’ Carlos María Correa, Executive Director, The South Centre, Geneva

    ‘From protecting electronic databases and pharmaceutical test data to granting new rights to broadcasting organisations and press publishers, intellectual property law has become increasingly investment-driven. This timely and refreshing volume pushes us to think deeper about whether the law has steered away from its original purpose and traditional contours, or whether it has simply responded to the needs and challenges of the twenty-first century. A well-curated and provocative collection on a very important debate!’ Peter K. Yu, Regents Professor of Law and Communication, Texas A&M University

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    Product details

    March 2023
    Adobe eBook Reader
    9781108996778
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

    Table of Contents

    • Introduction Enrico Bonadio and Patrick Goold
    • 1. Introductory chapter Uma Suthersanen
    • Part I. Science, Technology and Industry:
    • 2. Sui-generis protection of non-creative databases Caterina Sganga
    • 3. Pharmaceutical and agro-chemical test data exclusivity Daria Kim
    • 4. Copyright in computer-generated and artificial-intelligence-produced works Enrico Bonadio
    • 5. Plant variety protection and investment Viola Prifti
    • 6. Software patenting and copyright Noam Shemtov
    • 7. Protecting investments in business methods Michael Meurer
    • 8. Pharmaceutical patents and evergreening Hazel Moir
    • Part II. Culture and Entertainment:
    • 9. The sui generis publishers' right under EU law Stavroula Karapapa
    • 10. Copyright in typographical arrangements of published editions Rita Matulionyte
    • 11. Copyright protection of phonograms Enrico Bonadio
    • 12. Copyright in broadcasts Bryan Khan
    • 13. Copyright protection of previously unpublished works Patrick Masiyakurima
    • 14. Cinematographic works and copyright Arowolo Ayoyemi
    • Part III. Signs, Images and Designs:
    • 15. The investment function of trademarks Richard Arnold
    • 16. The protection of well-known trademarks Ilanah Fhima
    • 17. Ambush marketing and protection of investments Arul Scaria and Varsha Javar
    • 18. EU geographical indications and the protection of producers and their investments Andrea Zappalaglio
    • 19. Design right: from investment to creativity for 'industrial copyright' Phillip Johnson
    • 20. Connecting the dots: from intellectual property to investment property? Patrick Goold.
      Contributors
    • Enrico Bonadio, Patrick Goold, Caterina Sganga, Daria Kim, Viola Prifti, Noam Shemtov, Michael Meurer, Hazel Moir, Stavroula Karapapa, Rita Matulionyte, Bryan Khan, Patrick Masiyakurima, Arowolo Ayoyemi, Richard Arnold, Ilanah Fhima, Arul Scaria, Varsha Javar, Andrea Zappalaglio, Phillip Johnson

    • Editors
    • Enrico Bonadio , City, University of London

      Enrico Bonadio is a Reader in Law at City, University of London. He researches, teaches and advises in the area of intellectual property.

    • Patrick Goold , City, University of London

      Patrick Goold is a Senior Lecturer in Law at City, University of London. He is a legal philosopher with interests in IP, property, and private law theory.