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The Cambridge Handbook of Investment-Driven Intellectual Property

Edited by: Enrico Bonadio, Patrick Goold

ISBN13: 9781108839198
Published: March 2023
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £160.00



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This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

Subjects:
Intellectual Property Law
Contents:
Introduction
Enrico Bonadio and Patrick Goold
1. Introductory chapter
Uma Suthersanen
Part I. Science, Technology and Industry:
2. Sui-generis protection of non-creative databases
Caterina Sganga
3. Pharmaceutical and agro-chemical test data exclusivity
Daria Kim
4. Copyright in computer-generated and artificial-intelligence-produced works
Enrico Bonadio
5. Plant variety protection and investment
Viola Prifti
6. Software patenting and copyright
Noam Shemtov
7. Protecting investments in business methods
Michael Meurer
8. Pharmaceutical patents and evergreening
Hazel Moir
Part II. Culture and Entertainment:
9. The sui generis publishers' right under EU law
Stavroula Karapapa
10. Copyright in typographical arrangements of published editions
Rita Matulionyte
11. Copyright protection of phonograms
Enrico Bonadio
12. Copyright in broadcasts
Bryan Khan
13. Copyright protection of previously unpublished works
Patrick Masiyakurima
14. Cinematographic works and copyright
Arowolo Ayoyemi
Part III. Signs, Images and Designs:
15. The investment function of trademarks
Richard Arnold
16. The protection of well-known trademarks
Ilanah Fhima
17. Ambush marketing and protection of investments
Arul Scaria and Varsha Javar
18. EU geographical indications and the protection of producers and their investments
Andrea Zappalaglio
19. Design right: from investment to creativity for 'industrial copyright'
Phillip Johnson
20. Connecting the dots: from intellectual property to investment property?
Patrick Goold