Forgotten Intellectual Property Lore : Creativity, Entrepreneurship and Intellectual Property /
edited by Shubha Ghosh
- Cheltenham, UK Edward Elgar Publishing Limited 2020
- xii, 421p. : ill. ; 24cm
- Elgar Law and Entrepreneurship .
It includes Index Pages.
Description: 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 Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives.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.
Table of 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 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