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Working Within the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society

ISBN13: 9780199573608
Published: March 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £192.50

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Wildy's Book of the Month - March 2010

This book is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, published by OUP in 2001. That book argued for strong private rights whilst at the same time calling for caution in the expansionary trend.

In the period since the first volume, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created.

At the core of the book are considerations of such initiatives as patent clearing models, standard setting organizations, licensing arrangements and informal work-arounds. It also examines the measures that seek to protect the public domain, including strategic licensing, collective rights organizations, and non-profit ventures such as creative commons and open-source publishing.

Drawing on expertise from a number of disciplines including law, economics and sociology, the book is international in approach and fuses scholarly research with legal practice. It will be of great interest to scholars in intellectual property and innovation, policy-makers, and practitioners with an interest in the future of the field.

  • Contains original expert writing which focuses on the fragmentation of intellectual property protection rights and the complex framework this expansion of rights has created
  • Includes the substantive empirical research that has been conducted since the first volume, Expanding the Boundaries of Intellectual Property, on how creative enterprises deal with the new terrain of legal rights
  • Includes analysis of new intellectual property protection regimes including patent and database protection in the US and the EU
  • Examines the areas where modifications in existing legislation may be needed to facilitate desired outcomes or to minimize clashes between private ordering and the public interest
  • Expert contributor team is drawn from a variety of fields, including law, legal practice, economics, library science, and sociology

Intellectual Property Law
Part I:Long-Lived Rights and the Anti-Commons
1: Wesley M. Cohen and John P. Walsh: Access-or not-in Academic Biomedical Research
2: Diane Leenheer Zimmerman: Cultural Preservation: Fear of Drowning in a Licensing Swamp
3: R. Anthony Reese: Preserving the Unpublished Public Domain
Part II: Collective Strategies
4: Katherine J. Strandburg: Norms and the Sharing of Research Materials and Tacit Knowledge
5: Niva Elkin-Koren: User-Generated Platforms
6: Theodore C. Bergstrom and Daniel L. Rubinfeld: Alternative Economic Designs for Academic Publishing
Rebecca S. Eisenberg: Comment: Costs, Norms, & Inertia: Avoiding an Anticommons for Proprietary Research Tools
Michael W. Carroll: Comment: The Role of Copyright Law in Academic Journal Publishing
Ann Okerson: Comment: The Cost of Utopia: Scholarly Publishing - A Perspective from a Research University
Josef Drexl: Comment: In Favor of a Multi-Track Copyright System
7: Sean M. O'Connor: IP Transactions as Facilitators of the Globalized Innovation Economy
8: Eric Brousseau, Natalia Lyarskaya, and Carlos Muñiz: Complementarities Among Governance Mechanisms: An Empirical and Theoretical Assessment of Cooperative Technology Agreements
9: Carol Mimura: Nuanced Management of IP Rights: Shaping Industry-University Relationships to Promote Social Impact
10: Geertrui Van Overwalle: Designing Models to Clear Patent Thickets in Genetics
11: Richard Gilbert: The Essentiality Test for Patent Pools
Brian D. Wright: Comment: Agricultural Biotechnology: The Quest to Restore Freedom to Operate in the Public Interest
Nancy Kopans: Comment: Aggregation of Scholarly Content in the Digital Era: Reaping the Benefits, Identifying the Challenges
Part III: Public Ordering: The Possibilities and Limits of Government Intervention
12: Daniel A. Crane: Patent Pools, RAND Commitments, and the Problematics of Price Discrimination
13: Ariel Katz: Copyright Collectives: Good Solution but for Which Problem?
June M. Besek: Comment: Enabling Digital Preservation by Expanding the Library Exceptions in the US Copyright Act: The Section 108 Study Group
14: Margaret Chon: A Rough Guide to Global Intellectual Property Pluralism
15: Jane C. Ginsburg: Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPS?