Category Archives: International Intellectual Property Law

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

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New Titles for the Center for Law and Intellectual Property

Art Entrepreneurship
edited by Mikael Scherdin, Ivo Zander
NX760 .A78 2011
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The Cybersleuth’s Guide to the Internet: Conducting Effective Free Investigative & Legal Research on the Web
Carole A. Levitt & Mark E. Rosch
KF242.A1 L482 2011
ThomCat

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
ThomCat
Amazon.com

A Legal Strategist’s Guide to Trademark, Trial, and Appeal Board Practice
edited by Jonathan Hudis
KF3193 .L44 2010
ThomCat

Library Highlights: Intellectual Property

Customs Enforcement: Protecting Intellectual Property Rights Across Borders

Timothy P. Trainer, Vicki E. Allums

KF2979 .T72 2010

From the Publisher: This book discusses border enforcement of intellectual property rights, including legal authority, standards, and procedures in the U.S. and other countries. It’s the only comprehensive source of how U.S. Customs protects intellectual property, and it also outlines what to look for in foreign systems. It clearly shows you how to use Customs as your first line of defense against infringing goods, and covers the legal authority to detain, seize, forfeit, and destroy goods. You’ll also find information on how to statutorily resolve Customs enforcement issues, answer infrastructure questions that foreign officials raise, and much more.

The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture

Jessica Reyman

KF2994 .R49 2010

From the Publisher: In recent years we have witnessed a rising tension between the open architecture of the Internet and legal restrictions for online activities. The impact of digital recording technologies and distributed file sharing systems has forever changed the expectations of everyday users with regard to digital information. At the same time, however, U.S. Copyright Law has shown a decided trend toward more restrictions over what we are able to do with digital materials. As a result, a gap has emerged between the reality of copyright law and the social reality of our everyday activities. Through an analysis of the competing rhetorical frameworks about copyright regulation in a digital age, this book shows how the stories told by active parties in the debate shape our cultural understanding of what is and is not acceptable in the use of copyrighted works on digital networks. Reyman posits recent legal developments as sites of conflict between competing value systems in our culture: one of control, relying heavily on comparisons of intellectual property to physical property, and emphasizing ownership, theft, and piracy, and the other a value of community, implementing new concepts such as that of an intellectual “commons,” and emphasizing exchange, collaboration, and responsibility to a public good. Reyman argues that the rhetoric of the digital copyright debate, namely the rhetorical positioning of technology as destructive to creative and intellectual production, has profound implications for the future of digital culture.

Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership

Eduardo Moisés Peñalver, Sonia K. Katyal

K721.5 .P445 2010

From the Publisher: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”— the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tan gible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

Re-thinking Intellectual Property: The Political Economy of Copyright Protection in the Digital Era

YiJun Tian

K1420.5 .T53 2009

From the Publisher: Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the “global knowledge-based economy” and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general.

This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries,

YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.

Computer Games and Virtual Worlds:

A New Frontier in Intellectual Property Law

edited by Ross A. Dannenberg

KF3024.C6 C625 2010

From the Publisher: As the uses and ubiquity of video games and virtual worlds expand, the legal issues they raise grow more complex and commonplace. These issues include the traditional areas of intellectual property law, namely, copyright, trademark, patent and trade secrets, as affected by contractual issues arising from the end user licensing agreements (EULA) and terms of service (ToS) promulgated by each video game and virtual world proprietor. This book explores and discusses how to obtain these traditional rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for legal practitioners researching these emerging legal issues. Each chapter addresses, in order, end user license agreements, copyrights, patents, trademarks, and trade secrets, as addressed by U.S. law. The book also includes a commentary on international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law

Herbert Hovenkamp … [et al.]

KF3116 .H68 2010

From the Publisher: IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services — either currently or potentially available. The Justice Department’s rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks.

Law, Technology & Communications – Recent Acquisitions

Complinet
INTERNET
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Composition & Copyright: Perspectives on Teaching, Text-making, and Fair Use
edited by Steve Westbrook
KF3020 .C66 2009
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Endless Money: The Moral Hazards of Socialism
William W. Baker
HG230.3 .B354 2010
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International Law and the Proliferation of Weapons of Mass Destruction
Daniel H. Joyner
KZ5675 .J69 2009
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International Trade Law
Andrew T. Guzman, Joost H.B. Pauwelyn
K3943 .G896 2009
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IP Client Strategies in the EU: Leading Lawyers on Understanding European Intellectual Property Laws, Staying Ahead of Changing Regulations, and Developing IP Protection Strategies in a Global Economy
KJE2636 .I63 2009
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Pharmaceutical Industry Antitrust Handbook
KF3885 .P53 2009 (New Book Shelf)
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Private Equity Fund Exposure and Protection: Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement
K1116 .P75 2009
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Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
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The Software License Unveiled: How Legislation by License Controls Software Access
Douglas E. Phillips
K1443.C6 P48 2009 (New Book Shelf)
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State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society
Bita Amani
K1519.B54 A74 2009
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State Antitrust Practice and Statutes
editorial board, Harvey I. Saferstein
KF1650 .S7 2009
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Why Do Governments Divest?: The Macroeconomics of Privatization
Alfred Schipke
HD3845.6 .S355 2001
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Law, Technology & Communications – New Acquisitions

Deep Economy: The Wealth of Communities and the Durable Future
Bill McKibben
HD75 .M353 2008
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Water on Wall Street
Frank Partnoy
HG6024.U6 P37 2009
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FORECITE California: Latest Developments in CALCRIM and CALJIC
Thomas Lundy
KFC1171 .F67 2006
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Good Capitalism, Bad Capitalism, and the Economics of Growth and Prosperity
William J. Baumol, Robert E. Litan, Carl J. Schramm
HB501 .B372 2007
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Intangible Cultural Heritage and Intellectual Property: Communities, Cultural Diversity and Sustainable Development
edited by Toshiyuki Kono
K3791 .I55 2009
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The International Politics of Judicial Intervention: Creating a More Just Order
Andrea Birdsall
KZ4017 .B57 2009 (New Book Shelf)
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Issues in Competition Law and Policy
Wayne Dale Collins
KF1649 .I87 2008
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The Market, the State, and the Export-Import Bank of the United States, 1934-2000
William H. Becker, William M. McClenahan, Jr.
HG3754.U5 B43 2008
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The Match King: Ivar Kreuger, the Financial Genius Behind a Century of Wall Street Scandals
Frank Partnoy
HD9660.M473 S864 2009
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The Necessary Evil of Preventive Detention in the War on Terror: a Plan for a More Moderate and Sustainable Solution
Stephanie Cooper Blum
KF9430 .B48 2008 (New Book Shelf)
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Political Determinants of Corporate Governance: Political Context, Corporate Impact
Mark J. Roe
HD2741 .R64 2006
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Take the Money and Run: Sovereign Wealth Funds and the Demise of American Prosperity
Eric C. Anderson
HG4910 .A713 2009
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Trade and Investment Rule-making: The Role of Regional and Bilateral Agreements
edited by Stephen Woolcock
HF1418.7 .T723 2006
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Varieties of Capitalism: The Institutional Foundations of Comparative Advantage
edited by Peter A. Hall and David Soskice
HB501 .V355 2001
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