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A Research Agenda for Intellectual Property Law and Gender

Edited by: Jessica C. Lai, Kathy Bowrey

ISBN13: 9781035301768
Published: November 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



Despatched in 4 to 6 days.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.

A Research Agenda for Intellectual Property Law and Gender expertly examines patent, copyright and trade mark law, bringing to light hidden gender biases and narratives that impact intellectual property law and practice today. Exploring how gender discrimination and inequality are often built into the way the law functions, it assesses the possibilities and limits of existing strategies to improve gender inclusion and equality, and paves a research agenda for the future.

This Research Agenda analyses gender-related issues in the context of intellectual property practice. It addresses the consequences of the gendered nature of the law, with contributing authors deploying a variety of methodologies including theoretical, critical, historical, interdisciplinary, intersectional, reformist and revolutionist. They critically reflect on key themes such as power, privilege and pervasiveness in intellectual property, highlighting a multitude of problems that women face in their interactions with the intellectual property system and how these issues can be addressed.

This Research Agenda is an indispensable resource for legal academics and law students with a particular interest in intellectual property law and the interactions between gender and the law. Policymakers and legal practitioners will also find its practical applications to be of interest.

Subjects:
Intellectual Property Law
Contents:
Why a feminist agenda for intellectual property? 1
Jessica C. Lai, Kathy Bowrey, Kara W. Swanson, Metka Potočnik, Carys Craig, Paul R. Gugliuzza, Jordana R. Goodman, Ronelle Geldenhuys and Maryam Khajeh Tabari

PART I. THEORY
1. Reinventing Barbie: aspirations for a feminist intellectual property 15
Kathy Bowrey
2. Mind the gaps: race, gender, and intellectual property 47
Kara W Swanson
3. Queer theory and IP 73
Eden Sarid

PART II. PATENT LAW AND TRADE MARKS
4. An inventor, a cyborg and an AI walk into a bar: changing gendered narratives in patent law? 97
Jessica C. Lai
5. The social dynamics of research and the impact on patenting in the United States 125
Jordana R. Goodman
6. Trade marks and gender: instrumentalising the law for gender-diverse marketing? 159
Jessica C. Lai and Janine L. Williams

PART III. COPYRIGHT AND RELATED RIGHTS
7. Copyright and gender: feminist philosophies and the politics of proof 191
Carys J Craig
8. Deepfakes and non- consensual pornography: recent iterations of the gendered battle for rights in a photograph 223
Jessica Lake
9. Misogyny in music: a feminist reading of performers’ rights 253
Metka Potočnik

PART IV. IP LAW IN PRACTICE
10. Women in intellectual property: are law and technology a ‘double whammy’? 283
Jessica C Lai, Ronelle Geldenhuys and Maryam
Khajeh Tabari
11. Gender inequality in US patent appeals 313
Paul R Gugliuzza and Rachel Rebouché