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Volume Editor: P. Sean Morris
What was the state of the law and how states managed to fulfil their international legal obligations under the law of nations with respect to intellectual property protection? 13 contributors show how the transition of intellectual property from private rights holders and their non-state patrons evolves into state lawmaking. The book presents these transitions through international legal perspectives and the history of intellectual property rights in late modern societies in Europe, the United States, Asia and Colonial States in Africa.

Contributors are: Daniel Acquah, Ainee Adam, Louise Duncan, Johanna Gibson, Philip Johnson, Jyh-An Lee, Yangzi Li, P. Sean, Morris, Peter Munkacsi, Zvi Rosen, Devanshi Saxena, Johannes Thumfart, and Esther van Zimmeren.
Commercial Networks, Brand Creation and Intellectual Property
Every month tons of green tea travel from China to West Africa in a movement that largely thrives beyond the attention of Western observers. In this trade, Malian merchants assumed a central role. They travel to China, visit family gardens and the factories, which process and package the product. Together with their Chinese suppliers, they select the tea leaves and create their brand. On Bamako’s largest market, the Grand Marché, more than a hundred different tea brands are found, whose packages have colourfully, often eye-catching designs with brand-names such as Gazelle, Tombouctou, Arafat and Obama. This book explores the unique tea culture that celebrates with its brands the strength of desert animals, the fading glory of trading places, the excitement of social events and the accomplishments of admired politicians.
This volume offers new insight into key developments in the history of protection for patent rights during the period 1791-1883. The author presents a detailed examination of the underlying theoretical bases advanced for the protection of patents in various key European countries, and including new material focusing on the political rhetoric of protagonists and opponents of the patent system during the course of the patent abolitionist debates of the 1860s and 1870s. Finally, the book examines in detail the factors which prompted the movement towards international protection of patents, culminating in the Paris Convention for the Protection of Industrial Property of 1883.
Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.
Copyright Concerns on Live Streaming
Author: M. Sakthivel
In Broadcasters’ Rights in the Digital Era, Sakthivel provides a cogent understanding into a hitherto unchartered territory on the applicability of copyright law on the live streaming of 'entertainment content'- an emerging medium of communication.
The book examines in exhaustive breadth the scope of broadcasters' neighbouring rights under the copyright regime in the light of technological advancements vis-à-vis authors' right and explores the experiences of EU & USA and then suggests suitable changes to the Indian Copyright regime. Sakthivel employs technological analysis and existence of differential market for different mediums to substantiate the relationship of live streaming and the copyright regime.
The Exploitation of Marine Genetic Resources in Areas beyond National Jurisdiction by Valérie Wyssbrod begins by identifying the legal regime applicable to these underexploited resources which offer vast potential for the development of new drugs, bioplastics, depolluting products and other innovations. The author then outlines provisions for a new treaty, currently under discussion at the UN and presents alternatives to a new regime including revised legal instruments, the development of soft law and the creation of an applicable ecolabel.

Dans L’exploitation des ressources génétiques marine hors juridiction nationale, Valérie Wyssbrod détermine en premier lieu le régime juridique actuellement applicable à ces ressources. Ces dernières représentent à l’heure actuelle un potentiel énorme pour le développement de nouveaux médicaments, bioplastiques, dépolluants, etc. Encore peu exploitées, elles seront sans aucun doute au coeur d’un futur processus d’innovation et de nouveaux brevets. Dans un second temps, l’auteur dessine les contours et les principaux axes d’un nouveau traité spécifique, projet actuellement discuté à l’ONU. Valérie Wyssbrod explore finalement trois alternatives au nouveau traité : le remplacement du régime actuel par un autre régime existant, le développement d’un instrument de soft law et la création d’un écolabel.

Author: Patrick Blannin
One of the most dominant security issues of the twenty-first century has been the US led battle against transnational terrorism – the aptly named Long War. Over the past fifteen years the Long War has been examined using multiple perspectives. However, one central mechanism is missing in current Long War analyses: defence diplomacy. Defence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, two vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001 to 2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters. The paper aims to generate a more nuanced understanding of defence diplomacy, as well as identify it as a key component of the US CT/COIN strategy to achieve their Long War policy objectives.
Technological, Political and Social Drivers of Change
What is behind the changing attitudes towards intellectual property in India and China? This exploration of empirically-based research comparisons on the character of intellectual property systems found in these two countries, offers answers to three key questions: what are the drivers that have moved them towards a closer embrace of IP norms, how have domestic and systemic influences shaped the character of this embrace, and how have state and non-state actors interacted within the international system to promote this transformation? Focusing on the software and IT services industries, it illuminates the policy drivers that have influenced IP regime adoption, and helps our understanding the process by providing a clear framework of distinctive phases of technological, political and social development.
Issues from Aboriginal Entitlement to Intellectual Ownership Rights
Author: David Lea
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion