This specialist book examines the approach of the UK tax regime towards intellectual property. It provides a practical and easy to use structure, following the lifecycle of an intellectual property as
For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of
Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered, including exhaustion, first sale, misuse, estoppel, antitrust and bankruptcy law, a
Produced in association with the European Patent Office, "The Handbook of European Intellectual Property Management "shows how enterprises can use the IP system within Europe to develop an effective
This book makes a rational and moral case for treating ideas as ownable things, with people having the same rights of ownership in them as in their lives and tangible property. However, the use of sta
Plagiarism and intellectual property law are two issues that affect every student and every teacher throughout the world. Both concepts are concerned with how we use texts - print, digital, visual, an
The right information, at the right time, for the right user has become the most valuable currency of our times. Yet, traditional view on the use of information is being challenged: never before both
This book introduces readers to the origins of copyright law, the extent of trademark rights, and what is patentable. It covers such topics as rights granted under copyright, principles of fair use,
Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to s
The urgent need to ensure the conservation of biological diversity is now widely recognised, but practical measures to protect endangered species and habitats are still carried out on a small scale and generally limited to developed countries. This volume provides a detailed analysis of the economic and scientific rationales for biodiversity conservation. It discusses the justification for, and implementation of intellectual property rights regimes as incentive systems to encourage conservation. An interdisciplinary approach is used in the book, encompassing fields of study that include evolutionary biology, chemistry, economics and legal studies. The arguments are presented using the case study of the use of medicinal plants in the pharmaceutical industry. The book will be of interest and relevance to a broad spectrum of conservationists, from research students to policy makers.
During much of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescri
A revised and expanded edition of the groundbreaking Edison in the Boardroom, highlighting the winning strategies today's biggest companies use to maximize the value of their intellectual propertyNow
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the image
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the image
This book was first published in 2006. Technologists have the ideas. Lawyers know the rules. But for business managers and investors, rules and ideas don't readily combine into a strategic vision. No longer is intellectual property (IP) just a necessary expense for large technology companies. Competing and succeeding in the marketplace requires an in-depth understanding of IP - its use as a weapon, as a shield, and as a monetizable asset. Yet in a world where fortunes can rise or founder on the strength of an IP portfolio, hesitation to enter this arcane, unfamiliar world still abounds. This book equips the business manager with a working, practical knowledge essential to creating and exploiting IP wealth. It shows investors how to evaluate IP strength and competitive value. With its results-oriented perspective and international focus, Intellectual Property for Managers and Investors is essential for those with decision making-responsibility at the interface where business and innovat
This book was first published in 2006. Technologists have the ideas. Lawyers know the rules. But for business managers and investors, rules and ideas don't readily combine into a strategic vision. No longer is intellectual property (IP) just a necessary expense for large technology companies. Competing and succeeding in the marketplace requires an in-depth understanding of IP - its use as a weapon, as a shield, and as a monetizable asset. Yet in a world where fortunes can rise or founder on the strength of an IP portfolio, hesitation to enter this arcane, unfamiliar world still abounds. This book equips the business manager with a working, practical knowledge essential to creating and exploiting IP wealth. It shows investors how to evaluate IP strength and competitive value. With its results-oriented perspective and international focus, Intellectual Property for Managers and Investors is essential for those with decision making-responsibility at the interface where business and innovat
A study of the controversial right of persons to control the commercial use of their likeness, name, voice, and other identifying characteristics. Part I describes the right of publicity in the US and
John Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke. Setting his analysis within the intellectual context of the seventeenth century, Professor Tully overturns the standard interpretations of Locke's theory, showing that it is not a justification of private property. Instead he shows it to be a theory of individual use rights within a framework of inclusive claim rights. He links Locke's conception of rights not merely to his ethical theory, but to the central arguments of his epistemology, and illuminates the way in which Locke's theory is tied to his metaphysical views of God and man, his theory of revolution and his account of a legitimate polity.
