Here's a further batch of books in search of a reviewer. If you think you are suitably qualified by experience or interest to write a review on one of the following, please email Sarah Harris at sarah.harris@oup.com and let her know, by not later than Friday 10 October. If you are not already known to us, do please let us have sight of a short CV.
Books currently available for review are as follows:
Title: Patent Trolls: Predatory Litigation and the Smothering of Innovation
Author: William J Watkins Jr
Publisher: The Independent Institute
Patent trolls are stifling innovation. Using overbroad patents based on dated technology, trolls threaten litigation and bring infringement suits against inventors. Trolls, also known as Non-Practicing Entities (“NPEs”), typically do not produce products or services, but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering.Further information concerning this title can be obtained from the book's web page here
Watkins calls attention to this problem and the challenges it poses to maintaining a robust rate of technologically progress. He also examines a more fundamental problem: an outmoded patent system that is fundamentally ill suited for the modern economy. Finally, he examines proposals for reforming the patent system.
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The Ownership Problems of Overlaps in European Intellectual Property
Author: Nuno de Araújo Sousa e Silva
Publisher: Nomos
Further information concerning this title can be obtained from the book's web page hereIntellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose. The diverging rules concerning ownership and entitlement can lead to different rights on the same object being owned by different persons. What happens then?
This question is addressed under European law, focusing on the existing corpus of EU primary and secondary legislation and jurisprudence and the national laws of France, Germany and the UK.
Five specific cases are considered: trade marks and designs, trade marks and copyright, designs and copyright, data-base sui generis right and copyright and copyright and patents in the field of computer programs. Some solutions to the problem, namely convergence of ownership rules, avoidance of overlaps, prevalence of the closest regime, abuse of rights, implied licences, and expanding copyright solutions by analogy, are analysed.
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Title: Intellectual Property and Business: The Power of Intangible Assets
Authors: Rodney D Ryder and Ashwin Madhavan
Publisher: Sage
Intellectual Property (IP) is one of the most vital assets for any business organization. It is a domain not restricted to lawyers alone; it is a crucial area of concern for business organizations, managers, and corporate leaders. Intellectual Property and Business demonstrates how companies can deploy their IP not just as legal instruments but also as dominant and powerful financial assets, and as useful arsenal that can boost their business.Further information concerning this title can be obtained from the book's web page here
The book aims to provide a basic understanding of various forms of IP that business organizations need to protect, and to analyze and understand IP management and strategy through case studies. It highlights these aspects of IP management through the lens of both a lawyer and a business manager
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Title: Open Source Software and Intellectual Property Rights Author: Vikrant Narayan Vasudeva Publisher: Wolters Kluwer
Further information concerning this title can be obtained from the book's web page hereDebate is raging as regards intellectual property and software. Neither copyright law nor patent law seem to satisfy the requirements of software protection. This legal uncertainty has led to the laws becoming subject to exploitation by corporate and other entities for vested agendas. The resentment towards the inadequacies of laws and practices and their subsequent exploitation is highlighted by the emergence of alternative development models, most notably by the open source software model. This book proposes a sui generis model for software, following the pattern of recently developed technological distinctions in such fields as database protection, integrated computer circuits, plant breeders’ rights, and the recognition given to collective rights like collective trademark, geographical indication, and traditional knowledge.
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