The Cambridge Handbook of Investment-Driven Intellectual Property

This book counters conventional wisdom to argue that intellectual property is not only about creativity but increasingly about protecting investments.

Enrico Bonadio (Edited by), Patrick Goold (Edited by)

9781108839198, Cambridge University Press

Hardback, published 23 March 2023

450 pages
26.2 x 18.5 x 2.5 cm, 0.87 kg

'From protecting electronic databases and pharmaceutical test data to granting new rights to broadcasting organisations and press publishers, intellectual property law has become increasingly investment-driven. This timely and refreshing volume pushes us to think deeper about whether the law has steered away from its original purpose and traditional contours, or whether it has simply responded to the needs and challenges of the twenty-first century. A well-curated and provocative collection on a very important debate!' Peter K. Yu, Regents Professor of Law and Communication, Texas A&M University

This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

Introduction Enrico Bonadio and Patrick Goold
1. Introductory chapter Uma Suthersanen
Part I. Science, Technology and Industry: 2. Sui-generis protection of non-creative databases Caterina Sganga
3. Pharmaceutical and agro-chemical test data exclusivity Daria Kim
4. Copyright in computer-generated and artificial-intelligence-produced works Enrico Bonadio
5. Plant variety protection and investment Viola Prifti
6. Software patenting and copyright Noam Shemtov
7. Protecting investments in business methods Michael Meurer
8. Pharmaceutical patents and evergreening Hazel Moir
Part II. Culture and Entertainment: 9. The sui generis publishers' right under EU law Stavroula Karapapa
10. Copyright in typographical arrangements of published editions Rita Matulionyte
11. Copyright protection of phonograms Enrico Bonadio
12. Copyright in broadcasts Bryan Khan
13. Copyright protection of previously unpublished works Patrick Masiyakurima
14. Cinematographic works and copyright Arowolo Ayoyemi
Part III. Signs, Images and Designs: 15. The investment function of trademarks Richard Arnold
16. The protection of well-known trademarks Ilanah Fhima
17. Ambush marketing and protection of investments Arul Scaria and Varsha Javar
18. EU geographical indications and the protection of producers and their investments Andrea Zappalaglio
19. Design right: from investment to creativity for 'industrial copyright' Phillip Johnson
20. Connecting the dots: from intellectual property to investment property? Patrick Goold.

Subject Areas: Intellectual property law [LNR]