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Diversity in Intellectual Property
Identities, Interests, and Intersections

$155.00

  • Editors:
  • Irene Calboli, Marquette University Law School and Faculty of Law, National University of Singapore
  • Srividhya Ragavan, University of Oklahoma College of Law
Irene Calboli, Srividhya Ragavan, Susy Frankel, Danielle Conway, Doris Estelle Long, Yogesh Pai, Christine Haight Farley, Malte Hinrichsen, Enrico Bonadio, Shubha Ghosh, Roberta Rosenthal Kwall, Margo Bagley, Prabha Sridevan, Peter K. Yu, Carys Craig, Rebecca Tushnet, Sonia Katyal, Ann Bartow, Olufunmilayo B. Arewa, Johanna Gibson, David Tan, Haochen Sun, Christoph Antons, Tomer Broude, Peter Jaszi, Rosemary Coombe
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  • Date Published: May 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107065529

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About the Authors
  • This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.

    • The first book to survey diversity-related issues in intellectual property (IP)
    • The variety of critical theories and disciplinary frameworks will appeal to a broad range of scholars in the social sciences
    • Covers timely subjects such as the Washington Redskins trademark debate and pharmaceutical IP in developing countries
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    Product details

    • Date Published: May 2015
    • format: Hardback
    • isbn: 9781107065529
    • length: 562 pages
    • dimensions: 229 x 152 x 32 mm
    • weight: 0.92kg
    • contains: 8 b/w illus. 1 table
    • availability: Available
  • Table of Contents

    Foreword: diversifying intellectual property Rosemary Coombe
    Introduction: recognizing diversity in intellectual property Irene Calboli and Srividhya Ragavan
    Part I. Recognizing and Supporting Diversity in Intellectual Property Norm Setting:
    1. Interpreting international intellectual property agreements and supporting diversity goals Susy Frankel
    2. The miracle at Marrakesh: doing justice for the blind and visually impaired while changing the culture of norm setting at WIPO Danielle Conway
    3. Deviant globalization and the rise of diverse interests in the multilateral protection of intellectual property Doris Estelle Long
    4. Promoting diversity in pharmaceutical innovation and access: India's experience in the post-TRIPS world Yogesh Pai
    Part II. The Influence of Morality, Race, and Ethnicity-Related Interests on Intellectual Property:
    5. Registering offense: the prohibition of slurs as trademarks Christine Haight Farley
    6. Racist trademarks and the persistence of commodity racism in Europe and the United States Malte Hinrichsen
    7. Patents and morality in Europe Enrico Bonadio
    8. Genetic identity and personalized medicine patenting: an update on Myriad's patents related to Ashkenazim Jewish ancestry Shubha Ghosh
    Part III. Framing Intellectual Property through the Lenses of Religions and Philosophies:
    9. Shabbat: a diverse perspective on human creativity Roberta Rosenthal Kwall
    10. 'Grant me justice against my adversary': what parables can teach us about organic seed growers and Trade Assoc. v. Monsanto Co. Margo Bagley
    11. Intellectual property in the ancient Indian texts Prabha Sridevan
    12. Intellectual property and Confucianism Peter K. Yu
    Part IV. Gender-Related Interests and Challenges: Feminist Theories and Intellectual Property:
    13. Feminist aesthetics and copyright law: genius, value, and gendered visions of the creative self Carys Craig
    14. The romantic author and the romance writer: resisting gendered concepts of creativity Rebecca Tushnet
    15. Slash/ing gender and intellectual property: a view from fan fiction Sonia Katyal
    16. Copyright law and the commoditization of sex Ann Bartow
    Part V. Diversity, Creative Industries, and Intellectual Property:
    17. Nollywood and African cinema: cultural diversity and the global entertainment industry Olufunmilayo B. Arewa
    18. Looks familiar: fashion, design, and diverse identities in the digital Johanna Gibson
    19. The transformative potential of countercultural recoding in copyright law: a study of superheroes and fair use David Tan
    20. The diversity of interests in the trademark protection of luxury brands Haochen Sun
    Part VI. The Ongoing Debate on Intellectual Property and (Traditional) Cultural Diversity:
    21. Epistemic communities and the 'people without history': the contribution of intellectual property law to the 'safeguarding' of intangible cultural heritage Christoph Antons
    22. A diet too far? Intangible cultural heritage, cultural diversity, and culinary practices Tomer Broude
    23. Legal protection for Indonesian traditional arts in transitions Peter Jaszi.

  • Editors

    Irene Calboli, Marquette University Law School and Faculty of Law, National University of Singapore
    Irene Calboli is Professor of Law at Marquette University Law School and a Visiting Professor at the Faculty of Law at the National University of Singapore. Her scholarship has appeared in leading journals in Europe, the United States, and Asia, including the International Review of Intellectual Property and Competition Law, the European Intellectual Property Review, the Illinois Law Review, the Florida Law Review, and the American University Law Review, among others. Her recent edited books include Trademark Protection and Territoriality Challenges in a Global Economy (2014, with E. Lee), and The Law and Practice of Trademark Transactions (2015, with J. de Werra).

    Srividhya Ragavan, University of Oklahoma College of Law
    Srividhya Ragavan is Professor of Law at the University of Oklahoma, College of Law. Ragavan's scholarship focuses on the interplay between international trade law and intellectual property issues with a developmental perspective. Her scholarship has been published in leading journals in the United States, Europe, and Asia, including the Arizona State Law Review, the Duke Journal of Law and Technology, and the International Review of Intellectual Property and Competition Law. Her publications explore such diverse topics as trade, traditional knowledge, pharmaceutical patenting, and agricultural subsidies. Ragavan is the author, recently, of Patent and Trade Disparities in Developing Countries (2012).

    Contributors

    Irene Calboli, Srividhya Ragavan, Susy Frankel, Danielle Conway, Doris Estelle Long, Yogesh Pai, Christine Haight Farley, Malte Hinrichsen, Enrico Bonadio, Shubha Ghosh, Roberta Rosenthal Kwall, Margo Bagley, Prabha Sridevan, Peter K. Yu, Carys Craig, Rebecca Tushnet, Sonia Katyal, Ann Bartow, Olufunmilayo B. Arewa, Johanna Gibson, David Tan, Haochen Sun, Christoph Antons, Tomer Broude, Peter Jaszi, Rosemary Coombe

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