This book is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, published by Oxford University Press 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.
| ISBN | 0199573603 | | Pages | 568 | | ISBN13 | 9780199573608
(What's this?) | | Weight (grammes) | 991 | | Publisher | Oxford University Press | | Published in | Oxford | | Imprint | Oxford University Press | | Height (mm) | 240 | | Format | Hardback | | Width (mm) | 163 | | Publication date | 04 Mar 2010 | | Spine width (mm) | 37 | | DEWEY | 346.048 | | Academic level | Professional / Scholarly | | DEWEY edition | DC22 | |
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PART I:LONG-LIVED RIGHTS AND THE ANTI-COMMONS; 1. Access-or not-in Academic Biomedical Research; 2. Cultural Preservation: Fear of Drowning in a Licensing Swamp; 3. Preserving the Unpublished Public Domain; PART II: COLLECTIVE STRATEGIES; 4. Norms and the Sharing of Research Materials and Tacit Knowledge; 5. User-Generated Platforms; 6. Alternative Economic Designs for Academic Publishing; Comment: Costs, Norms, & Inertia: Avoiding an Anticommons for Proprietary Research Tools; Comment: The Role of Copyright Law in Academic Journal Publishing; Comment: The Cost of Utopia: Scholarly Publishing - A Perspective from a Research University; Comment: In Favor of a Multi-Track Copyright System; 7. IP Transactions as Facilitators of the Globalized Innovation Economy; 8. Complementarities Among Governance Mechanisms: An Empirical and Theoretical Assessment of Cooperative Technology Agreements; 9. Nuanced Management of IP Rights: Shaping Industry-University Relationships to Promote Social Impact; 10. Designing Models to Clear Patent Thickets in Genetics; 11. The Essentiality Test for Patent Pools; Comment: Agricultural Biotechnology: The Quest to Restore Freedom to Operate in the Public Interest; 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. Patent Pools, RAND Commitments, and the Problematics of Price Discrimination; 13. Copyright Collectives: Good Solution but for Which Problem?; Comment: Enabling Digital Preservation by Expanding the Library Exceptions in the US Copyright Act: The Section 108 Study Group; 14. A Rough Guide to Global Intellectual Property Pluralism; 15. Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPS?
This is a rich and exciting volume that takes on board the expansive trajectory of intellectual property protection and explores through many prisms, within the boundaries given, challenges and solutions for information-society innovation. Professor Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law Working within the Boundariesexamines a broad spectrum of market and nonmarket private ordering tools, ranging from patent pools and collective licensing to creative commons and open science publishing, for managing our current regime of broad intellectual property rights. As the eminent contributors to this volume elucidate in rich, nuanced, granular detail, those tools are designed to overcome the obstacles that broad intellectual property rights can pose to public access to creative expression and inventions and the ability of creators and inventors to build upon existing works - and are only partly successful in achieving those goals. This book presents an invaluable interdisciplinary analysis of how copyright and patent actually operate on the ground in today's knowledge economy. Neil W. Netanel, Pete Kameron Endowed Chair in Law, UCLA School of Law
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