Forgotten intellectual property lore : creativity, entrepreneurship and intellectual property / edited by Shubha Ghosh.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Ghosh, Shubha, editor.

Series:

Elgar law and entrepreneurship.

Elgar Law and Entrepreneurship

Language:

English

Subjects (All):

Intellectual property.

Entrepreneurship.

Physical Description:

1 online resource (448 pages).

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2020]

Summary:

"This innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners"-- Provided by publisher.

Contents:

List of contributors

Introduction

Part I: The lore of propoerty and contract

1. Locke's (own) literary property / Rebecca Schoff Curtin

2. The lawful piracy of james joyce's poems / Robert Spoo

Part II: The lore of intangibility

3. Pope versus curll (1741) revisited: Being a fair and true account of the views of certain well-respected authors on publishing, pyracy and propertie in the eighteenth century / Graham Dutfield and Uma Suthersanen

4. Neilson v. Harford: Shape and form in patent law / Jeffrey A. Lefstin

Part III: The lore of authorship

5. The stolen poem of saint moling / Brian L. Frye

6. A critical review of the quest for global protection of traditional knowledge: Politico-economic concerns / Kosgei Kembol Alvin

7. Folklore vis-à-vis intellectual property of bengal since 17th century: A study / Mayuree Sengupta

Part IV: The lore of common law

8. Radical patent law reform in a common law enabling system: A metahistory / Samuel F. Ernst

9. The legacy of the seasons: Confusion and misdirection / Mark Perry

Part V: The lore of courts

10. 'If music did not pay': The state court roots of justice holmes' intellectual property jurisprudence / Shubha Ghosh

11. In the shadow of the trade-mark cases: The 1881 trademark act and the supreme court / Zvi S. Rosen

Part VI: The lore of intellectual property, human rights and development

12. Is there a constitutional right to intellectual property in South Africa? Revisiting the case of in re certification of the constitution of the republic of south africa, 1996 / Emmanuel Kolawole Oke

13. Biotechnology sector in India

Kshitij kumar singh

Part VII: The lore of intellectual property during wartime

14. International trade mark enforcement under the versailles treaty: A case study of sanatogen / Arpan Banerjee and Dana Beldiman

15. 'A process of experimentation': Intellectual property, war and defence in australasia / Catherine Bond and Jessica C Lai

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

1788978714

9781788978712

OCLC:

1201267021