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Vol 21 No 11 Nov/Dec 2016

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Access to Information and Knowledge: 21st Century Challenges in Intellectual Property and Knowledge Governance

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Edited by: Dana Beldiman

ISBN13: 9781783470471
Published: December 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £83.00



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Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws. In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including: open access to public sector and scientific research data enhanced use of licensing reshaping the contours of individual IP laws inclusion of new stakeholders in the IP debate challenges to the information flow in the international arena. In identifying some of the core IP-related challenges to the process of adapting to the knowledge needs of the new economy, this book will provide an enlightening read for academics, policymakers and lawyers concerned with IP laws and the flow of knowledge.

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Subjects:
Intellectual Property Law
Contents:
Foreword Introduction Dana Beldiman PART I: ACCESS TO INFORMATION IN THE PUBLIC SECTOR AND IN SCIENTIFIC RESEARCH 1. Public Sector Information as Open Data, Access, Re-Use and the Third Information Paradigm Marco Ricolfi 2. Licensing Research Data under Open Access Conditions Lucie Guibault PART II: THE CONCEPTUAL CONTOURS OF IP LAWS FROM AN ACCESS PERSPECTIVE 3. Intellectual Property in the Cathedral Dan L. Burk 4. Trademark Law and the Public Domain Martin Senftleben 5. Patent Eligibility - the 'Sick-Man' of Patent Law Erika Ellyne 6. Exceptions, Limitations and Collective Management of Rights as Vehicles for Access to Information Johan Axhamn PART III: EXPANDING THE DEBATE TO INCLUDE NEW STAKEHOLDERS 7. Synergetic Interaction Between Intellectual Property and Consumer Protection: A Pragmatic Proposal to Rebalance Incentives and Access Andrea Stazi and Maximiliano Marzetti 8. Framing and Explaining the Politicization of Intellectual Property Rights Ingrid Schneider PART IV: ACCESS IN THE INTERNATIONAL ARENA - FROM TRIPS TO COUNTRY CLUB TREATIES 9. From Data to Wisdom: The Contribution of Intellectual Property Rights to the Knowledge Pyramid Roger Kampf 10. The ACTA/TPP Country Clubs Peter Yu 11. Rethinking the Enforcement of IP Rights at International Level Christophe Geiger