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Forgotten Intellectual Property Lore: Creativity, Entrepreneurship and Intellectual Property

Forgotten Intellectual Property Lore: Creativity, Entrepreneurship and Intellectual Property

Author: Shubha Ghosh
Publisher: Edward Elgar Publishing
ISBN: 9781788978705
Published In: October 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,846.00

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Description
Contents

Details

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 Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives.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.

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 PROPOERTY, 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