Full Description
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.
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 Copyright protection of previously unpublished works Patrick Masiyakurima; 14.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.
