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Home > Law > Laws of specific jurisdictions > Intellectual property law > The Future of Intellectual Property: (ATRIP Intellectual Property series)
The Future of Intellectual Property: (ATRIP Intellectual Property series)

The Future of Intellectual Property: (ATRIP Intellectual Property series)


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About the Book

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights. Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.

Table of Contents:
Contents: 1 Introduction to the future of intellectual property 1 Daniel J. Gervais PART I RETHINKING FUNDAMENTALS 2 Intellectual property for humanity: A manifesto 9 Phoebe Li 3 Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA 37 Roberto Garza Barbosa 4 Company classification taxonomy and corporate intellectual property rights owners 55 Janice Denoncourt 5 Defining intellectual property as an investment 80 Emmanuel Kolawole Oke 6 Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas 104 Abbe E.L. Brown PART II ARTIFICIAL INTELLIGENCE AND DATA 7 AI patents and the self-assembling machine 128 Dan L. Burk 8 Challenges of artificial intelligence to patent law and copyright law and countermeasures 149 Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang 9 Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property? 168 Margaret Ann Wilkinson 10 The doctrine of sound prediction – a possible tool to support patenting black box algorithms for personalized medicine? 191 Helen Yu PART III RETHINKING COPYRIGHT AND TRADEMARK LAW 11 A data-driven approach to copyright in the age of online platforms 207 Giuseppe Mazziotti 12 The CJEU and the educational exception in Renckhoff : Permitted to view but not to share? 229 Bukola Faturoti 13 Hyperlinking to copyright works in EU: Finding a weak link 251 Ivana Kunda 14 Modernization of trademark legislation in Mexico: The case of olfactory and sound marks 272 Guillermo Martínez Cons PART IV RETHINKING GEOGRAPHICAL NAMES AND INDICATIONS 15 Rebreeding geographical indications beyond agriculture: of ‘genotype’ and ‘phenotype’ in territorial products 273 Bernardo Calabrese 16 Brand new IP: ‘country name designation’ – from France with love 291 Natalie G. S. Corthésy Index

About the Author :
Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

Review :
‘As the book title suggests, The Future of Intellectual Property, contains several valuable contributions from scholars who seek to challenge the status quo or highlight certain deficiencies of the IP system. This collection of essays provides a valuable contribution to what will be a continuing debate between primary IP rights (copyright, trade marks, design and patent law) and the role of secondary rights (such as TPMs and RMI).’ ‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’ ‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’


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Product Details
  • ISBN-13: 9781800885332
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 234 mm
  • No of Pages: 384
  • Width: 156 mm
  • ISBN-10: 1800885334
  • Publisher Date: 25 May 2021
  • Binding: Hardback
  • Language: English
  • Series Title: ATRIP Intellectual Property series


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