Author: Ronald A. Cass
Publisher: Harvard University Press
Release Date: 2013-01-01
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Author: James Bessen
Publisher: Princeton University Press
Release Date: 2009-08-03
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Author: Keith N. Hylton
Publisher: Cambridge University Press
Release Date: 2016-06-06
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).
Author: John E. Girouard
Publisher: John Girouard
Release Date: 2007-01-11
Genre: Business & Economics
A back-to-basics guide by veteran investment guru John E Girouard revealing how investment industry sales people give shoddy advice and sell poorly-designed investment 'products' aimed at enriching themselves and their firms at customers' expense. "The financial services industry is in the business of selling hope," he says, "but rarely produces consistent returns for clients. 'The Ten Truths of Wealth Creation' is not a recipe for getting rich, but an honest look at the common mistakes most of us make in our financial lives, and how we can unlock the natural money-growing opportunities that those selling investment 'products' never talk about. Girouard explains how income is often taxed multiple times, how financial choices can minimise those taxes, and how those saved dollars can add up and grow wealth. Girouard shows readers that by ignoring the Wall Street/investment industry noise, by thinking differently about the basic investment tools available to everyone-especially real estate and life insurance-they can create financial security for themselves and their families, with less risk and worry. Readers will be surprised to learn that paying down your mortgage could hurt your chances of creating wealth; that buying a car for cash may cost more than financing it; that most investment advisors over-estimate retirement needs so they can sell you more products; and the biggest cost to wealth-up to 60 percent-is uncaptured interest income, unnecessary interest expense, and failure to manage taxes. Girouard shows how simple, common sense choices can help you reach your money goals sooner and safer, in good times and bad.
Intellectual property law's influence extends to every aspect of human life. The markings on a can of Coca-cola, the rights in the books, music, pictures, drama, films and electronic information sources we all use, even the shape of our pen, architecture and the science behind the latest attempt on space exploration all form its subject matter. This popular text explains and examines the often complicated law which protects and preserves new ideas and outlines how intellectual property rights allow right owners to stop others taking their creations. The changes in the new edition reflect this rapidly expanding field. This textbook includes: amendments to major decisions from the House of Lords and the European Court of Justice recent legislation such as the Patents Act 2004 the effect of developments in information technology on copyright and patent principles recent case law including Kirin-Amgen Inc v Hoechst Marion Roussel Ltdand British Horseracing Board Ltd v William Hill Organization the impact of UK, EC and EU competition laws on intellectual property rights a new chapter devoted to protection for image new coverage relating to domain names an examination of the increasing attention to human rights in intellectual property law. This thoughtful and thought-provoking text is essential reading for any student of intellectual property law. With further reading at the end of each chapter, it is the ideal introduction to a thorough understanding of intellectual property law.
Author: Sean Coyle
Publisher: Hart Publishing
Release Date: 2004
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.
Author: David E. Andersson
Publisher: Edward Elgar Publishing
Release Date: 2008-01-01
In this book David Emanuel Andersson undertakes the difficult task of reconciling institutional theories of property rights, transaction costs and norms, with Austrian economics, Lancaster s consumer theory, regional economics and evolutionary economics. The result is a success, the connections outlined make sense and convincing illustrative cases are offered. The book should be read by everyone interested in how the challenges to neoclassical equilibrium theory that have emerged since the 1960s are related. Per-Olof Bjuggren, Jönköping University, Sweden Property Rights, Consumption and the Market Process extends property rights theory in new and exciting directions by combining complementary insights from Austrian, institutional and evolutionary economics. Mainstream economics tends to analyse property rights within a static equilibrium framework. In this book David Andersson reformulates property rights theory as an evolutionary theory of the market process. This original work includes many valuable insights and new analysis such as: combining Yoram Barzel s theory of property rights, Ludwig Lachmann s theory of capital, the resource-based view of the firm and the entrepreneurship theories of Frank Knight, Joseph Schumpeter and Israel Kirzner applying Ronald Inglehart s theory of value change to discontinuities in how imitative behaviour influences consumer choice a new distributional perspective on the Hayekian knowledge problem a model of consumer choice that combines lexicographic characteristics and learning processes a methodological approach that considers the perceived causal and evidential utilities of a theory original empirical material (hedonic price functions and case studies) and new areas of application for important computer simulation results. David Andersson s book will be warmly welcomed by heterodox economists and new institutional economists, as well as economists of entrepreneurship studies, regional development and urban planning.
This book seeks to make an intervention into the ongoing debate about the scope and intensity of global copyright laws. While mapping out the primary actors in the context of globalization and the modern political economy of information ownership, the argument is made that alternatives to further expansion of copyright are necessary. By examining the multiple and competing interests in creating the legal regime of copyright law, this books attempts to map the political economy of copyright in the information age, critique the concentration of ownership that is intrinsic in the status quo, and provide an assessment of the state of the contemporary global copyright landscape and its futures. It draws upon the current narratives of copyright as produced by corporate, government, and political actors and frames these narratives as language games within a global political project to define how information and culture will be shared and exchanged in the future. The text problematizes the relationship of the state to culture, comments on the global flows of culture, and critiques the regulatory apparatus that is in place to commodify culture and align it with the contemporary nation-state. In the end, the possibility of non-commodified and more open futures are explored. The State of Copyright will be of particular interest for students and scholars of international political economy, law, political science, anthropology, sociology, cultural studies, library sciences, and communication studies. It also will appeal to a growing popular audience that has taken an interest in the issues of copyright.
Author: Andrew Lang
Publisher: OUP Oxford
Release Date: 2013-01-17
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Author: Jennifer Davis
Publisher: Oxford University Press
Release Date: 2012-05-03
This book provides students with a basic understanding of intellectual property law. Covering the six main areas of patents, copyright, industrial designs, confidential information, unregistered and registered trademarks, it places intellectual property in its wider context.