
Intellectual Property and Access to Im/material Goods
Edward Elgar Publishing
Published on 29. July 2016
Book
Hardback
360 pages
978-1-78471-661-5 (ISBN)
Description
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.
Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. Yu
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.
Contributors include: C.E. Bell, M. Blakeney, D.L. Burk, S. Corbett, S. Frankel, M.J. Madison, A. McMahon, A. Pottage, L.K. Skorodenski, G. Spedicato, P.K. Yu
Reviews / Votes
'The lines dividing abstract objects, material objects, information and their relationship to digital processes have always been difficult to draw in the context of intellectual property law. This volume is the first to take on this difficult topic in a comprehensive way. It shows the depth of the difficulties, but also provides a theoretical foundation for new approaches to these divides. It is an original and important contribution.'--Peter Drahos, Australian National University'This collection of essays ought to be commended for the comprehensive approach it takes by engaging with a widely known, yet less widely understood, problematic aspect of IP: the requirement of materiality and its limiting effect on access to intellectual creations. While such limiting effect on the digital environment is seen, experienced and discussed in diverse elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties surrounding access to immaterial goods. The volume adopts an effective approach to fully educating the reader about the problem of access, while advancing fresh theoretical approaches.'
--Journal of Intellectual Property Law and Practice
More details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
College/higher education
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78471-661-5 (9781784716615)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Jessica C. Lai, Professor of Commercial Law, Wellington School of Business and Government, Victoria University of Wellington, New Zealand and Antoinette Maget Dominice, Faculty of Law, University of Geneva, Switzerland
Content
Contents:
Foreword
Alain Pottage
Introduction: The Relationship Between Intellectual Property and its Physical Embodiments
Jessica C. Lai and Antoinette Maget Dominice
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
Foreword
Alain Pottage
Introduction: The Relationship Between Intellectual Property and its Physical Embodiments
Jessica C. Lai and Antoinette Maget Dominice
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