111 research outputs found
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The development agenda:global intellectual property and developing countries /
No full textNeil Netanel has edited this compilation of articles in order to examine the development agenda and the broader issues it touches upon. The contributors include leading scholars from various disciplines, including economics, political science, and law
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Introduction, Copyright's Paradox
No full textThe United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today’s greatly expanded copyright law often does the opposite—it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression.In Copyright’s Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringement cases, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders’ proprietary control against the individual’s newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished.Copyright and free speech will always stand in some tension. But, as Netanel demonstrates, there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art
From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print, Introduction
No full textIn this book, Neil Netanel traces the historical development of Jewish copyright law. In so doing, he compares rabbinic reprinting bans with secular and papal book privileges and relays the stories of dramatic disputes among publishers of books of Jewish learning and liturgy, beginning with the early sixteenth century and continuing until today. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular counterpart at key junctures, it fashions strikingly different answers to those key questions
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Introduction
No full textThe World Intellectual Property Organization General Assembly adopted the Development Agenda in September 2007, after three years of acrimonious debate. The Agenda radically transforms WIPO's mandate and reverberates throughout the international intellectual property regime, including in ongoing battles within the World Trade Organization over the future direction of "TRIPS", the Agreement on Trade-Related Aspects of Intellectual Property. Yet despite its powerful symbolic message, the full extent of the Development Agenda's actual impact on the ground, both within WIPO and without, remains to be seen. This chapter places the WIPO Development Agenda in the context of evolving development policy generally, discusses the Agenda's principal provisions, and summarizes the multifarious contributions to the book
From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print, Introduction
No full textIn this book, Neil Netanel traces the historical development of Jewish copyright law. In so doing, he compares rabbinic reprinting bans with secular and papal book privileges and relays the stories of dramatic disputes among publishers of books of Jewish learning and liturgy, beginning with the early sixteenth century and continuing until today. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular counterpart at key junctures, it fashions strikingly different answers to those key questions
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From Maimonides to Microsoft ::the Jewish law of copyright since the birth of print /
No full textIn 'From Maimonides to Microsoft', Professors Netanel and Nimmer trace the development of Jewish copyright law by relaying the stories of five dramatic disputes, running from the sixteenth century to the present. They describe each dispute in its historical context and examine the rabbinic rulings that sought to resolve it. Remarkably, these disputes address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or a limited regulatory prerogative? What is copyright's rationale? What is its scope? How can copyright be enforced against an infringer who is beyond the applicable legal authority's reach
IPRs, technological and industrial development and growth: the case of the pharmaceutical industry
No full textIn this paper we provide an introduction to some of the most salient aspects of the debate regarding the relationships between stronger intellectual property rights (IPRs) regimes and innovation in the pharmaceutical industry. We emphasize that, despite increased knowledge on the subject, little is known on the relationships between IPRs, innovation, and growth, especially as developing countries are concerned. We report on preliminary research on the patenting activities in Brazil using domestic patent data, rather than – as it is customary – international patents. Firstly, we show that the adoption of the TRIPs had substantial positive impact on the number of patent applications in Brazil, but that the great majority of these new patent applications have come from nonresidents, most likely as extensions of foreign patents. However it is too early to assess if this substantial increase in (foreign) patents is a permanent characteristic of patenting activity in Brazil. Secondly, the introduction of TRIPs has not changed the technological composition of patenting activity in Brazil, with one major exception, the growth of the share of the chemical and pharmaceutical patents, few years after the upsurge of patenting in other fields
Primary Sources on Copyright revisited: a copyright history webinar on Papal Privileges and the Stationers' Register
No full textThis working paper presents an edited transcript of a copyright history webinar held on 15
December 2021, marking 15 years since the conception of the Primary Sources on Copyright
(1450-1900) 1 digital archive. Giles Bergel (University of Oxford) and Ian Gadd (Bath Spa University)
introduce Stationers’ Register Online (SRO)2 – a new resource that digitises the entries for
the literary, musical and artistic works made in the Registers of the Stationers’ Company of
London3 between 1557 and 1640. Jane Ginsburg (Columbia Law School) presents a new section
on Vatican sources which she (and her team of Latinists) contributed to the Primary Sources
digital archive, edited by Lionel Bently (University of Cambridge) and Martin Kretschmer
(CREATe, University of Glasgow). The project presentations were followed by a panel discussion,
joined by Elena Cooper (CREATe, University of Glasgow) and Neil Netanel (University of California
at Los Angeles), two of the national editors of Primary Sources on Copyright. This working paper
offers a reference point of wider interest. What should be the ambitions of a primary sources
project? Can the history of copyright law be re-written? What is the role of history for policy
The IP Law Book Review, Vol. 7#1, October 2016
No full textFROM MAIMONIDES TO MICROSOFT: THE JEWISH LAW OF COPYRIGHT SINCE THE BIRTH OF PRINT, by Neil Weinstock Netanel. Reviewed by Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law.
THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY: A COMMENTARY, by Sam Ricketson. Reviewed by Jose Bellido, University of Kent
Expert Opinion and Reform in Anglo-American, Continental, and Israeli Adjudication
No full textThe factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates the relationship between prevailing attitudes toward the nature of adjudication and the response to pressure for the reform of the adjudicative process
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