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User Generated Law: Re-Constructing Intellectual Property Law in a Knowledge Society

Edited by: Thomas Riis

ISBN13: 9781783479559
Published: July 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law-based industries such as collective management of copyrights and patent rights, open source licences, domain name law and enforcement of intellectual property rights, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process. It also considers its interaction with the framework conditions of the statutory law upon which it is built and the subsequent redefinition of legal positions for affected parties.

With its original stance on understanding and construing intellectual property law, User Generated Law will appeal to students and scholars studying in this area as well as in legal governance and legal theory. Its evaluative approach also lends itself to policy makers and practitioners.

Subjects:
Intellectual Property Law
Contents:
Preface
1. User Generated Law. Re-constructing Intellectual Property Law in a Knowledge Society
Thomas Riis
2. Information Abundance and Knowledge Commons
Michael J. Madison
3. Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses
Thomas Riis, Ole-Andreas Rognstad and Jens Schovsbo
4. Emerging Models for Cross-border Online Licensing
Sebastian Felix Schwemer
5. Open Source Licenses
Henrik Udsen
6. IP Coordination Models: Revealing some of the “Magic” behind Patent Pools and Clearinghouses?
Esther van Zimmeren
7. More competition-law-FRANDly IPR policies: A Solution to SSOs’ Problems of Self-governance?
Olga Kokoulina and Timo Minssen
8. “The Rise of Standardization and the Limits of Self-Governance”: Unilateral Conduct under International Standards from an EU Competition Law Perspective
Björn Lundqvist
9. The Private Legal Governance of Domain Names
Jens Schovsbo
10. Private Enforcement of IP Law by Internet Service Providers: Notice and Action Procedures
Clement Salung Petersen and Thomas Riis
Index