Hardback
A Research Agenda for Intellectual Property Law and Gender
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.
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Critical Acclaim
Contents
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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.
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.
Critical Acclaim
‘Consistently fresh insights delivered by an impressive group of rigorous feminist scholars make this book both an inevitable and delightful read for anyone interested in creating more gender-equitable intellectual property legal frameworks.’
– Margaret Chon, Seattle University School of Law, USA
– Margaret Chon, Seattle University School of Law, USA
Contents
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
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
