Emerging Issues in Intellectual Property: Trade, Technology and Market Freedom?Essays in Honour of Herchel Smith(Queen Mary Studies in Intellectual Property series)

This book covers an extensive range of critical issues in modern Intellectual Property (IP) law under three broad headings: Technology, Market Freedom and the Public Domain; Intellectual Property and International Trade; Traditional Knowledge, Technology and Resources. Uniting contributions at the cutting edge of IP research, the authors, all former or current members and associates of the Queen Mary Intellectual Property Research Institute, University of London, address a number of diverse topics in relation to existing copyright, trademark and patent law. They examine political and juridical issues in fields such as geographical indications and traditional knowledge, agriculture and information technology, pharmaceuticals and access to medicines, human rights and IP strategy. The book will appeal to academics, researchers, students, and to practitioners concerned with all areas of intellectual property.

Table of Contents:
Contents: Foreword Michael Blakeney PART I: TECHNOLOGY, MARKET FREEDOM AND THE PUBLIC DOMAIN 1. The Confusing Case of Mr Smith – Herchel Smith as Litigant Jeremy Phillips 2. Auditing Intellectual Property Rights by Public Research Institutes Michael Blakeney 3. Some Initial Thoughts on Copyright, Human Rights and Market Freedom Uma Suthersanen 4. Changing Mechanisms in Copyright’s Ontology – Structure, Reasoning and the Fate of the Public Domain Guido Westkamp 5. The Structure of Control – Communication Systems and Copyright Law John Cahir 6. Circumventing the Idea/Expression Dichotomy: The Use of Copyright, Technology and Contract to Deny Access to Ideas Noam Shemtov 7. The Pharmaceutical Industry, the Evolution of Patent Law and the Public Interest: A Brief History Graham Dutfield 8. Seabirds, Series and Sonar: Claiming Registered Rights Alison Firth 9. Post Sale Effects of a Trade Mark: Conceptual Necessity or a Gift to Trade Mark Proprietors? Spyros Maniatis PART II: INTELLECTUAL PROPERTY IN INTERNATIONAL TRADE 10. Intellectual Property Rights as Strategic Weapon: Domestic and International Trade Considerations Gary Lea 11. Intellectual Property Law and Political Transformation: Post-Socialist Reform in Central and Eastern Europe Mira Sundara Rajan 12. Lessons from Negotiating an Amendment to the TRIPs Agreement: Compulsory Licensing and Access to Medicines Duncan Matthews 13. The International Protection of Geographical Indications Yesterday, Today and Tomorrow Gail Evans and Michael Blakeney PART III: TRADITIONAL KNOWLEDGE, TECHNOLOGY AND RESOURCES 14. Knowledge and Other Values – Intellectual Property and the Limitations for Traditional Knowledge Johanna Gibson 15. Checking the Lie of the Land: Current Trends in Bioprospecting Related Laws Florian Leverve 16. Avenues to Ensure Full Participation of Rural Communities in Access Authorisation Processes in Cameroon and South Africa Marcelin Tonye Mahop 17. NERICA, Food Security and Intellectual Property: From the Green to the Gene Revolution Muriel Lightbourne 18. The Appropriation of American Indian Names and Images in Trade Marks – The Washington Redskins Case Daphne Zografos Index

About the Author :
Edited by Guido Westkamp, Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London, UK

Review :
'. . . the book is a well-presented collection of scholarly articles on diverse, stimulating topics. . . The levels of explanation and detail vary from chapter-to-chapter and so the reader will probably find the book most helpful to consult for key topics of interest. . . The breadth of the book means that students, academics and interested practitioners should find areas that will appeal.' 'Together the essays cover some of the most topical issues in IP and related fields, and should therefore be of immense interest - and value - to any serious student of the subject.' 'It is an extremely thought-provoking book, crammed full of excellent papers which are genuinely original, and push forward the boundaries of their retrospective topics. . . the book is without doubt worth purchasing for anyone interested in IP theory, pharmaceuticals or traditional knowledge. . . the papers are of incredibly good quality. . . a few of those alone make the book worth purchasing. My impromptu rating system will therefore award it 5 out of 5 stars.'