Право интеллектуальной собственности
Юридические дисциплины
Справочник
  • формат pdf
  • размер 1.2 МБ
  • добавлен 24 октября 2011 г.
Schwabach A. Intellectual Property. A Reference Handbook
Издательство ABC-CLIO, 2007, -337 pp.

The human desire to claim property rights in an idea is innate, as any child who has ever told another Stop copying me! knows. Legal recognition of property in ideas, however— intellectual property—is a comparatively recent phenomenon, appearing centuries of millennia after the recognition of property rights in objects and land.
Revolutions in technology bring about revolutions in law. The human race has experienced four great revolutions in information technology. The first, lost in prehistory and probably predating our emergence as a species, was language. The ability to attach specific sound-symbols to specific thoughts is what makes human civilization—including legal systems—possible. The second revolution, the invention of writing, made more complex legal systems possible. When written documents could only be copied by hand, however, the incentive for making unauthorized copies of entire works was limited—although disputes did arise, including the possibly mythical dispute between St. Columba and St. Finnian (discussed in Chapter 2) that may have led to three thousand deaths.
The third revolution in information technology was the invention of movable-type printing. The ability to reproduce printed works quickly and easily created an incentive for printers to copy the works of others, and a corresponding incentive for the authors of those works to prevent unauthorized copying. Some countries (Korea and England, for example) reacted by granting monopolies to approved printers and forbidding all others from operating printing presses. In addition to controlling unauthorized copying, this had the fringe benefit of preventing the printing of any material criticizing the govement. In many countries several centuries passed before these monopolies were replaced by freedom of the press and mode copyright regimes. The three best-known forms of intellectual property—copyright, patent, and trademark—appeared in Europe during the Renaissance.
After the printing revolution had taken place in east Asia, but before it reached Europe, Europe’s commercial revolution led to laws requiring the use of symbols and words to identify the products of particular bakeries, breweries, and eventually other businesses. And the increase in the rate of technological change in the fifteenth century (the century that saw, among other innovations, the arrival of the printing press in Europe) led the Italian city-states to issue patents to inventors, granting them exclusive rights to their inventions for limited periods of time.
The fourth revolution in information technology is happening right now. The advent of personal computing and the Inteet has solved the problem expressed by Abbott Joseph Liebling, who in 1960 complained that Freedom of the press is guaranteed only to those who own one. Today billions of people own presses; the barrier to universal distribution of any content they may choose to create is not expense, but the difficulty of getting people interested—a problem commercial presses have always faced. This revolution in information technology poses a dual problem for traditional media. First, much Web content borrows and incorporates existing material, and the extent to which such borrowing should be permitted has not yet been fully resolved.
Second, many users create no content of their own, but merely make and pass along unauthorized copies of existing content. Existing law clearly frowns on this copying, but enforcement is difficult. The fourth information technology revolution has also accelerated the inteationalization of intellectual property law. The inteational nature of trade in intellectual property has been apparent since at least the mid-nineteenth century; in the digital age, however, barriers to inteational exchange of information have vanished entirely.
Intellectual property law has adapted more quickly to the fourth information revolution than to the first three. The response time to the first revolution might have been measured in tens or hundreds of thousands of years; the response to the second revolution, in millennia; and the response to the third, in centuries, or at least decades. The legal system responded to the appearance of the Inteet, and especially the World Wide Web, much more quickly. Within five years of the appearance of the first easily usable Web browser, the United States had enacted the Digital Millennium Copyright Act and other statutes, which were designed to extend and strengthen copyright protection, and the Anticybersquatting Consumer Protection Act, which was designed to protect the interests of trademark holders in what was then called cyberspace.
This book serves as a reference guide to humanity’s attempts, up to and throughout the twentieth century and into the twenty-first, to balance the interests of consumers and producers and create a workable national and inteational intellectual property law system. Intellectual property law is currently in crisis; this book is designed to serve as a starting point for future research, and the resources provided here will make it possible to locate up-to-the-minute information in a wide variety of areas.

Background and History
Problems, Controversies, and Solutions
Worldwide Perspective
Chronology
Biographies
Data and Documents
Directory of Organizations
Resources
Купить и скачать книгу
Похожие разделы
Смотрите также

Colston C. Principles of Intellectual Property Law

  • формат pdf
  • размер 1.8 МБ
  • добавлен 24 октября 2011 г.
Издательство Cavendish Publishing, 1999, -545 pp. Intellectual property law is fascinating. We are all familiar with, and are users of, intellectual property. In addition, the subject matter of intellectual property – the application of an idea in making or selling products and services – forms the fundament of a society’s cultural, technological, educational and economic development. With the growth of trade and of the transfer of information o...

Dobrusin E.M., Krasnow R.A. Intellectual Property Culture. Strategies to Foster Successful Patent and Trade Secret Practices in Everyday Business

  • формат pdf
  • размер 1.22 МБ
  • добавлен 24 октября 2011 г.
Издательство Oxford University Press, 2008, -393 pp. We all now care about intellectual property (IP). It is the only form of property that we can think up and then get a right to exclude others from what we just thought. That simple ability powers the knowledge economy. Interestingly, while the focus on the knowledge economy is new, its governing laws and concepts are not. What is new is that, as Thomas Friedman has urged, the world is flatteni...

Gollin M.A. Driving Innovation. Intellectual Property Strategies for a Dynamic World

  • формат pdf
  • размер 3.75 МБ
  • добавлен 24 октября 2011 г.
Издательство Cambridge University Press, 2008, -433 pp. Innovation is the creative lifeblood of every country. One of my proudest accomplishments as a United States Senator was to help promote innovation in my country by bringing about the passage of the Bayh-Dole Act of 1980. The Bayh-Dole Act gave universities ownership and control of government-funded inventions that are balanced by restrictions to ensure that the public would benefit from th...

Hahn R.W. (ed.) Intellectual Property Rights in Frontier Industries. Software and Biotechnology

  • формат pdf
  • размер 1.51 МБ
  • добавлен 30 октября 2011 г.
AEI-Brookings Joint Center for Regulatory Studies, 2005, -199 pp. The appropriate dimensions of protection for intellectual property rights in general and patents in particular have been matters of controversy since the sixteenth century. As growth in advanced economies has seemingly become more dependent on technological change, the stakes in intellectual property rights have grown. Software and biotechnology, both relatively new areas to come...

Kinsella N.S. Against Intellectual Property

  • формат pdf
  • размер 341.59 КБ
  • добавлен 30 октября 2011 г.
Ludwig von Mises Institute, 2008, -71 pp. All libertarians favor property rights, and agree that property rights include rights in tangible resources. These resources include immovables (realty) such as land and houses, and movables such as chairs, clubs, cars, and clocks. Further, all libertarians support rights in one’s own body. Such rights may be called self-ownership as long as one keeps in mind that there is dispute about whether such body...

Moore A.D. Intellectual Property and Information Control. Philosophic Foundations and Contemporary Issues

  • формат pdf
  • размер 1000.29 КБ
  • добавлен 24 октября 2011 г.
Издательство Transaction Publishers, 2001, -267 pp. This work contains numerous arguments, sketches, views, and theories and not all are central to the main thesis. I have tried to make the model of intellectual and intangible property presented in these pages accessible while maintaining a fair amount of rigor and depth. I thus skirt the line of boring the expert and overwhelming the novice. My hope is that I have done neither. After gaining th...

Mostert F.W., Apolzon L.E. From Edison to iPod. Protect your Ideas and Make Money

  • формат pdf
  • размер 9.65 МБ
  • добавлен 24 октября 2011 г.
Издательство DK Publishing, 2007, -292 pp. Intellectual property has become a household issue. From the boardroom to Internet chat rooms, and even in gossip columns, intellectual property is a hot topic. But what exactly is it? How does it affect you? If you make it big, isn’t this something your lawyers can just take care of? Or you might modestly conclude that you are not an intellectual, you do not have any property, and therefore there is no...

Sasaki H. Intellectual Property Protection for Multimedia Information Technology

  • формат pdf
  • размер 8.79 МБ
  • добавлен 24 октября 2011 г.
Издательство IGI Global, 2008, -483 pp. Intellectual property protection is a hot issue on the globe in the twenty first century, because the recent expansion of network connectivity to the Internet known as ubiquitous allows people to enjoy a number of contents and software stored in the digital forms which are fragile to unauthorized electric duplication or copyright and/or patent infringement. Institutional protection against digital infringe...

Stim R. Patent, Copyright & Trademark

  • формат pdf
  • размер 2.91 МБ
  • добавлен 24 октября 2011 г.
Издательство Nolo, 2007, -592 pp. 9th edition Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection. Typically, intellectual property encompasses creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law. The commercial value of intellectual property comes from the ability of its owner to contro...

Yang D. Intellectual Property and Doing Business in China

  • формат pdf
  • размер 6.84 МБ
  • добавлен 24 октября 2011 г.
Издательство Pergamon, 2003, -317 pp. An intellectual property system was established in China in 1985. Since then, the merits and drawbacks of the system have become apparent in both theory and practice. Despite the fact that a great deal has been written about the Chinese intellectual property system, systematic studies of the subject are still scarce, especially from a corporate management perspective. The current empirical study aims to fill...