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The Future of Intellectual Property

Edited by: Daniel J. Gervais

ISBN13: 9781800885332
Published: May 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £120.00



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This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.

Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV.

This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.

Subjects:
Intellectual Property Law
Contents:
1. Introduction to the future of intellectual property
Daniel J. Gervais
PART I. RETHINKING FUNDAMENTALS
2. Intellectual property for humanity: A manifesto
Phoebe Li
3. Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA
Roberto Garza Barbosa
4. Company classification taxonomy and corporate intellectual property rights owners
Janice Denoncourt
5. Defining intellectual property as an investment
Emmanuel Kolawole Oke
6. Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas
Abbe E.L. Brown
PART II. ARTIFICIAL INTELLIGENCE AND DATA
7. AI patents and the self-assembling machine
Dan L. Burk
8. Challenges of artificial intelligence to patent law and copyright law and countermeasures
Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang
9. Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property?
Margaret Ann Wilkinson
10. The doctrine of sound prediction – a possible tool to support patenting black box algorithms for personalized medicine?
Helen Yu
PART III. RETHINKING COPYRIGHT AND TRADEMARK LAW
11. A data-driven approach to copyright in the age of online platforms
Giuseppe Mazziotti
12. The CJEU and the educational exception in Renckhoff Permitted to view but not to share?
Bukola Faturoti
13. Hyperlinking to copyright works in EU: Finding a weak link
Ivana Kunda
14. Modernization of trademark legislation in Mexico: The case of olfactory and sound marks
Guillermo Martínez Cons
PART IV. RETHINKING GEOGRAPHICAL NAMES AND
INDICATIONS
15. Rebreeding geographical indications beyond agriculture: of ‘genotype’ and ‘phenotype’ in territorial products
Bernardo Calabrese
16. Brand new IP: ‘country name designation’ – from France with love
Natalie G.S. Corthésy
Index