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The Future of Intellectual Property
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘As the book title suggests, The Future of Intellectual Property, contains several valuable contributions from scholars who seek to challenge the status quo or highlight certain deficiencies of the IP system. This collection of essays provides a valuable contribution to what will be a continuing debate between primary IP rights (copyright, trade marks, design and patent law) and the role of secondary rights (such as TPMs and RMI).’
– Tyrone Berger, Intellectual Property Forum
‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’
– Caroline B Ncube, South African Law Journal
‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’
– Robert Burrell, University of Oxford, UK
– Tyrone Berger, Intellectual Property Forum
‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’
– Caroline B Ncube, South African Law Journal
‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’
– Robert Burrell, University of Oxford, UK
Contributors
Contributors: R.G. Barbosa, A.E.L. Brown, D.L. Burk, B. Calabrese, N.G.S. Corthésy, J. Denoncourt, B. Faturoti, D.J. Gervais, I. Kunda, P. Li, G. Martínez Cons, G. Mazziotti, E.K. Oke, H. Wang, M.A. Wilkinson, H. Yu, X. Yu, B. Zhang, R. Zhang
Contents
Contents:
1 Introduction to the future of intellectual property 1
Daniel J. Gervais
PART I RETHINKING FUNDAMENTALS
2 Intellectual property for humanity: A manifesto 9
Phoebe Li
3 Intellectual property primary and secondary rights in
international law: The case of Mexican Pharmaceutical
Patents and the USMCA 37
Roberto Garza Barbosa
4 Company classification taxonomy and corporate
intellectual property rights owners 55
Janice Denoncourt
5 Defining intellectual property as an investment 80
Emmanuel Kolawole Oke
6 Rights to do, rights to prevent, and an intersected
approach? Lessons from intellectual property, information
control and oil and gas 104
Abbe E.L. Brown
PART II ARTIFICIAL INTELLIGENCE AND DATA
7 AI patents and the self-assembling machine 128
Dan L. Burk
8 Challenges of artificial intelligence to patent law and
copyright law and countermeasures 149
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? 168
Margaret Ann Wilkinson
10 The doctrine of sound prediction – a possible tool to
support patenting black box algorithms for personalized
medicine? 191
Helen Yu
PART III RETHINKING COPYRIGHT AND TRADEMARK LAW
11 A data-driven approach to copyright in the age of online platforms 207
Giuseppe Mazziotti
12 The CJEU and the educational exception in Renckhoff :
Permitted to view but not to share? 229
Bukola Faturoti
13 Hyperlinking to copyright works in EU: Finding a weak link 251
Ivana Kunda
14 Modernization of trademark legislation in Mexico: The
case of olfactory and sound marks 272
Guillermo Martínez Cons
PART IV RETHINKING GEOGRAPHICAL NAMES AND
INDICATIONS
15 Rebreeding geographical indications beyond agriculture:
of ‘genotype’ and ‘phenotype’ in territorial products 273
Bernardo Calabrese
16 Brand new IP: ‘country name designation’ – from France
with love 291
Natalie G. S. Corthésy
Index
1 Introduction to the future of intellectual property 1
Daniel J. Gervais
PART I RETHINKING FUNDAMENTALS
2 Intellectual property for humanity: A manifesto 9
Phoebe Li
3 Intellectual property primary and secondary rights in
international law: The case of Mexican Pharmaceutical
Patents and the USMCA 37
Roberto Garza Barbosa
4 Company classification taxonomy and corporate
intellectual property rights owners 55
Janice Denoncourt
5 Defining intellectual property as an investment 80
Emmanuel Kolawole Oke
6 Rights to do, rights to prevent, and an intersected
approach? Lessons from intellectual property, information
control and oil and gas 104
Abbe E.L. Brown
PART II ARTIFICIAL INTELLIGENCE AND DATA
7 AI patents and the self-assembling machine 128
Dan L. Burk
8 Challenges of artificial intelligence to patent law and
copyright law and countermeasures 149
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? 168
Margaret Ann Wilkinson
10 The doctrine of sound prediction – a possible tool to
support patenting black box algorithms for personalized
medicine? 191
Helen Yu
PART III RETHINKING COPYRIGHT AND TRADEMARK LAW
11 A data-driven approach to copyright in the age of online platforms 207
Giuseppe Mazziotti
12 The CJEU and the educational exception in Renckhoff :
Permitted to view but not to share? 229
Bukola Faturoti
13 Hyperlinking to copyright works in EU: Finding a weak link 251
Ivana Kunda
14 Modernization of trademark legislation in Mexico: The
case of olfactory and sound marks 272
Guillermo Martínez Cons
PART IV RETHINKING GEOGRAPHICAL NAMES AND
INDICATIONS
15 Rebreeding geographical indications beyond agriculture:
of ‘genotype’ and ‘phenotype’ in territorial products 273
Bernardo Calabrese
16 Brand new IP: ‘country name designation’ – from France
with love 291
Natalie G. S. Corthésy
Index
