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Intellectual Property and Access to Im/Material Goods


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Contents: Foreword Alain Pottage Introduction: The Relationship Between Intellectual Property and its Physical Embodiments Jessica C. Lai and Antoinette Maget Dominice PART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE 1. Understanding Access to Things: A Knowledge Commons Perspective Michael J. Madison 2. Copyright and the New Materialism Dan L. Burk PART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES 3. The Copy in Copyright Peter K. Yu 4. A Tale of Two Histories: The "Invention" and its Incentive Theory Jessica C. Lai 5. The Nebulous "Invention": From "Idea and Embodiment" to "Idea/Embodiment and Observable Physical Effects"? Jessica C. Lai PART III PRACTICAL CONSIDERATIONS 6. Digital Lending and Public Access to Knowledge Giorgio Spedicato 7. Patents, Human Biobanks and Access to Health: Bridging the Public-Private Divide Aisling Mcmahon 8. Tangible Meets Intangible: International Trade in Intellectual Property Susy Frankel PART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE 9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural Expressions Michael Blakeney 10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal Traditions Catherine E. Bell, Jessica C. Lai and Laura K. Skorodenski 11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage Institutions Susan Corbett Index

About the Author

Edited by Jessica C. Lai, Senior Lecturer, Victoria University of Wellington, New Zealand and Antoinette Maget Dominice, Ludwig-Maximilians-Universitat Munchen, Germany


`The lines dividing abstract objects, material objects, information and their relationship to digital processes have always been difficult to draw in the context of intellectual property law. This volume is the first to take on this difficult topic in a comprehensive way. It shows the depth of the difficulties, but also provides a theoretical foundation for new approaches to these divides. It is an original and important contribution.' -- Peter Drahos, Australian National University
`This collection of essays ought to be commended for the comprehensive approach it takes by engaging with a widely known, yet less widely understood, problematic aspect of IP: the requirement of materiality and its limiting effect on access to intellectual creations. While such limiting effect on the digital environment is seen, experienced and discussed in diverse fields, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary difficulties surrounding access to immaterial goods. The volume adopts an effective approach to fully educating the reader about the problem of access, while advancing fresh theoretical approaches.' -- Journal of Intellectual Property Law and Practice

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