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Vol 21 No 11 Nov/Dec 2016

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Intellectual Property and Access to Im/Material Goods


ISBN13: 9781784716615
Published: July 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00



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Intellectual property goods are frequently referred to as intangible or abstract. Yet, traditionally, they have almost always needed to be embodied or materialized in order to be protected (and - to a certain extent - to be used and enjoyed), regardless of whether they are copyrighted works, patented inventions or trademarks.

With a focus on the issue of access and the challenges of new technologies such as biotechnology and digital technologies, this unique collection analyzes the relationship between intellectual property and its physical embodiments. It contains a mixture of theoretical and practical perspectives and encompasses an interdisciplinary approach, including chapters on the connection between intellectual property and cultural heritage law, cultural property law and international trade law.

The book furthermore comprises historical reflections that illuminate how intellectual property has never been purely about the intangible.Intellectual Property and Access to Im/material Goods will be of interest to scholars, practitioners and law and policymakers. Users of intellectual property goods such as museums, libraries, archives and/or other cultural institutions, as well as users of biomaterials, copyrighted works, patented inventions and/or trademarked goods will find value in this book.

Subjects:
Intellectual Property Law
Contents:
Foreword
Alain Pottage
Introduction: The Relationship Between Intellectual Property and its Physical Embodiments
Jessica C. Lai and Antoinette Maget Dominicé

PART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE
1. Understanding Access to Things: A Knowledge Commons Perspective
Michael J. Madison
2. Copyright and the New Materialism
Dan L. Burk

PART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES
3. The Copy in Copyright
Peter K. Yu
4. A Tale of Two Histories: The “Invention” and its Incentive Theory
Jessica C. Lai
5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”?
Jessica C. Lai

PART III PRACTICAL CONSIDERATIONS
6. Digital Lending and Public Access to Knowledge
Giorgio Spedicato
7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private Divide
Aisling Mcmahon
8. Tangible Meets Intangible: International Trade in Intellectual Property
Susy Frankel

PART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE
9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural Expressions
Michael Blakeney
10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal Traditions
Catherine E. Bell, Jessica C. Lai and Laura K. Skorodenski
11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage Institutions
Susan Corbett

Index