Emerging Challenges in Intellectual Property
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By: Kathy Bowrey, Michael Handler, Dianne Nicol
This volume provides an introduction to twelve current controversial areas of Intellectual Property, placing Australian concerns in an international context. The book is designed to provide an intellectual foundation to assist readers in developing a level of general knowledge and sound overview of important issues, key writings and concepts, to enable readers to develop a more critical understanding of the current political and regulatory environment.
AI Overview
The book "Emerging Challenges in Intellectual Property" edited by Kathy Bowrey, Michael Handler, and Dianne Nicol, is a comprehensive collection of essays that explores the evolving landscape of intellectual property law. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
- Complexity of Intellectual Property Law: The book delves into the intricate relationships between different aspects of intellectual property, including copyright, trade marks, and their intersections with freedom of expression and the creative arts.
- Shift from Harm-Based to Rights-Based Approach: Jason Bosland and Megan Richardson's chapter examines the transition from a harm-based approach to a rights-based approach in trade mark law, highlighting the complexities of brand protection in the marketplace.
- Impact on Creative Arts: Leanne Wiseman's contribution focuses on copyright-related issues, particularly the resale royalty right for artists, the Google Books settlement, Creative Commons, and the role of fair dealing. This section emphasizes the need for copyright reform and its implications for the creative arts.
- Contemporary Issues: The book addresses recent controversies such as WikiLeaks and the News of the World scandal, demonstrating how these events have heightened the topicality of intellectual property issues.
Plot Summary
The book is structured as a collection of essays by various authors, each contributing to a broader understanding of the challenges facing intellectual property law. It covers a range of topics, including:
- Copyright and Freedom of Expression: David Lindsay explores the foundational discourse in this area, focusing on US academic writing and key Anglo-Australian case law such as Commonwealth v John Fairfax and Ashdown v Telegraph.
- Trade Mark Law: Jason Bosland and Megan Richardson discuss the shift from a harm-based to a rights-based approach in trade mark law, examining the role of brands in the marketplace.
- Copyright Reform: Leanne Wiseman's chapter addresses various copyright-related issues, including the resale royalty right for artists, the Google Books settlement, and the implications for the Australian context.
Critical Reception
While specific reviews of the book are not provided in the search results, the book's structure and content suggest that it would be well-received by scholars and practitioners in the field of intellectual property. The inclusion of contemporary issues and the detailed analysis of complex topics would make it a valuable resource for undergraduate and graduate students, as well as professionals seeking to understand the evolving nature of intellectual property law.
Additional Information
- Publication Details: The book is published by Oxford University Press and is designed to provide an intellectual foundation for readers to develop their general knowledge and understanding of intellectual property challenges.
- Academic Context: The book is part of a broader academic discourse, contributing to the ongoing discussion about the future of intellectual property law. It is likely to be cited in academic papers and used as a reference in courses related to intellectual property.
In summary, "Emerging Challenges in Intellectual Property" offers a comprehensive and contemporary exploration of the complex issues facing intellectual property law. Its detailed analysis and inclusion of recent controversies make it a significant contribution to the field.