Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0018
Jose Bellido
Much of the peculiarity of recent historical research in intellectual property (IP) lies in the distinct use of the archive as a medium through which to explore its different pasts. The chapter briefly explores several projects that materialized through specific uses of archives, showing their creative possibilities, constraints, and limitations. It considers document-driven projects on primary and secondary sources, the materiality of many aspects of IP, and the use of oral histories to capture (or record) the ephemerality of those histories by converting them into new resources or applications. In doing so, the chapter reflects on the archive not only as a historical medium but also as a theoretical operation which shapes the ways in which we look at IP law and its histories.
{"title":"Intellectual Property and the Question of the Archive","authors":"Jose Bellido","doi":"10.1093/oso/9780198826743.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0018","url":null,"abstract":"Much of the peculiarity of recent historical research in intellectual property (IP) lies in the distinct use of the archive as a medium through which to explore its different pasts. The chapter briefly explores several projects that materialized through specific uses of archives, showing their creative possibilities, constraints, and limitations. It considers document-driven projects on primary and secondary sources, the materiality of many aspects of IP, and the use of oral histories to capture (or record) the ephemerality of those histories by converting them into new resources or applications. In doing so, the chapter reflects on the archive not only as a historical medium but also as a theoretical operation which shapes the ways in which we look at IP law and its histories.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116958805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0046
J. Beer
This chapter addresses four interrelated issues: (1) the variability in ways openness is understood across groups and disciplines; (2) the debate over intellectual property (IP) and its impact on open innovation; (3) the dearth of research connecting firm strategy and innovation systems; and (4) the relationships among legal systems and managerial strategies. The result is an integrated conceptual synthesis for addressing the relationship between IP and ‘open’ innovation. The chapter beings with a review of the relevant literature and distillation of key concepts. It then expands on the basic theory of appropriation for innovation by describing three nuanced IP-based business strategies to appropriate returns on innovation: acquisition toward commercialization, free revealing to the public domain, and open licensing for collaboration. The strategic choices that firms make are further analysed as either offensive or defensive decisions. After linking key terminology and IP management strategies, the chapter concludes with recommendations for researchers, policy-makers, lawyers, managers, economists, and others. The synthesis in this chapter will enable researchers to: (1) understand and use precise terminology; (2) revisit assumptions about appropriation; (3) neutralize marketplace framework policies; and (4) promote more collaboration.
{"title":"Intellectual Property and ‘Open’ Innovation: A Synthesis of Concepts","authors":"J. Beer","doi":"10.1093/oso/9780198826743.003.0046","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0046","url":null,"abstract":"This chapter addresses four interrelated issues: (1) the variability in ways openness is understood across groups and disciplines; (2) the debate over intellectual property (IP) and its impact on open innovation; (3) the dearth of research connecting firm strategy and innovation systems; and (4) the relationships among legal systems and managerial strategies. The result is an integrated conceptual synthesis for addressing the relationship between IP and ‘open’ innovation. The chapter beings with a review of the relevant literature and distillation of key concepts. It then expands on the basic theory of appropriation for innovation by describing three nuanced IP-based business strategies to appropriate returns on innovation: acquisition toward commercialization, free revealing to the public domain, and open licensing for collaboration. The strategic choices that firms make are further analysed as either offensive or defensive decisions. After linking key terminology and IP management strategies, the chapter concludes with recommendations for researchers, policy-makers, lawyers, managers, economists, and others. The synthesis in this chapter will enable researchers to: (1) understand and use precise terminology; (2) revisit assumptions about appropriation; (3) neutralize marketplace framework policies; and (4) promote more collaboration.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128991142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0043
Lateef Mtima, Steven D. Jamar
This chapter provides a brief introduction to intellectual property (IP) social justice theory and guidance on how to research social justice issues in IP. Included are tips for finding social justice issues in IP law and administration; a toolkit for addressing such issues; and examples of the process in use. IP social justice examines IP law and administration to determine rules and processes that adversely affect equality with particular focus on access to IP; inclusion in the benefits that flow from IP creation, use, and exploitation; and empowerment of marginalized groups within society who are not fully benefiting from both IP they have generated and use of IP created by others. This chapter provides tips on spotting and addressing IP social justice issues both with respect to implementation and with respect to normative aspects.
{"title":"Researching Social Justice Aspects of Intellectual Property","authors":"Lateef Mtima, Steven D. Jamar","doi":"10.1093/oso/9780198826743.003.0043","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0043","url":null,"abstract":"This chapter provides a brief introduction to intellectual property (IP) social justice theory and guidance on how to research social justice issues in IP. Included are tips for finding social justice issues in IP law and administration; a toolkit for addressing such issues; and examples of the process in use. IP social justice examines IP law and administration to determine rules and processes that adversely affect equality with particular focus on access to IP; inclusion in the benefits that flow from IP creation, use, and exploitation; and empowerment of marginalized groups within society who are not fully benefiting from both IP they have generated and use of IP created by others. This chapter provides tips on spotting and addressing IP social justice issues both with respect to implementation and with respect to normative aspects.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131241597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0039
D. Sharma, Abhijeet Kumar
Intellectual property (IP) assets are an integral part of the wealth of an organization having an independent identity, economic life, and value. The process of determining the value of an IP asset is known as IP valuation which may vary depending upon various factors such as the nature, economic life, risk, marketability, and the purpose of valuation of IP asset, etc. Various traditional and modern methods are available for the valuation of IP assets but selecting the appropriate method is important to get an adequate value of the subject IP asset. The answer to the question ‘how to valuate an IP asset’ depends upon the answers to various further questions like ‘what to valuate’, ‘when to valuate’, and ‘why undertake a valuation of subject IP asset’. In this chapter, the authors have discussed about the various traditional and modern methods available for the valuation of IP assets which will help the readers in understanding the most suitable method which can be adopted for the valuation of the subject IP asset in varied circumstances and the means to ascertain the most appropriate value of the IP asset.
{"title":"Methods for Intellectual Property Valuation","authors":"D. Sharma, Abhijeet Kumar","doi":"10.1093/oso/9780198826743.003.0039","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0039","url":null,"abstract":"Intellectual property (IP) assets are an integral part of the wealth of an organization having an independent identity, economic life, and value. The process of determining the value of an IP asset is known as IP valuation which may vary depending upon various factors such as the nature, economic life, risk, marketability, and the purpose of valuation of IP asset, etc. Various traditional and modern methods are available for the valuation of IP assets but selecting the appropriate method is important to get an adequate value of the subject IP asset. The answer to the question ‘how to valuate an IP asset’ depends upon the answers to various further questions like ‘what to valuate’, ‘when to valuate’, and ‘why undertake a valuation of subject IP asset’. In this chapter, the authors have discussed about the various traditional and modern methods available for the valuation of IP assets which will help the readers in understanding the most suitable method which can be adopted for the valuation of the subject IP asset in varied circumstances and the means to ascertain the most appropriate value of the IP asset.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127391746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0025
David Tan
Cultural perspectives on law are a growing part of contemporary legal scholarship and, in particular, semiotics has been argued in interdisciplinary legal scholarship on intellectual property (IP) to be helpful in illuminating some of the intractable issues encountered in the laws governing copyright, trademarks, and the right of publicity. Semiotics seeks to understand the operation of a given system or process by observing the function of signification, expression, representation, and communication. Famous trademarks, well-known copyrighted works, and celebrity personalities can function like Barthesian myths with universal ideological codings that are recognized globally, enabling them to be read as polysemous texts that invite playful semiotic recodings and post-structural disruptions. The invocation of semiotics in the study of IP signs is intimately intertwined with the freedom of speech. Semiotic readings of IP signs invite us to enter a world of possibilities that explore a more nuanced interpretation of legal doctrine and legislative provisions.
{"title":"Intellectual Property and Semiotics: The Signs of the Times","authors":"David Tan","doi":"10.1093/oso/9780198826743.003.0025","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0025","url":null,"abstract":"Cultural perspectives on law are a growing part of contemporary legal scholarship and, in particular, semiotics has been argued in interdisciplinary legal scholarship on intellectual property (IP) to be helpful in illuminating some of the intractable issues encountered in the laws governing copyright, trademarks, and the right of publicity. Semiotics seeks to understand the operation of a given system or process by observing the function of signification, expression, representation, and communication. Famous trademarks, well-known copyrighted works, and celebrity personalities can function like Barthesian myths with universal ideological codings that are recognized globally, enabling them to be read as polysemous texts that invite playful semiotic recodings and post-structural disruptions. The invocation of semiotics in the study of IP signs is intimately intertwined with the freedom of speech. Semiotic readings of IP signs invite us to enter a world of possibilities that explore a more nuanced interpretation of legal doctrine and legislative provisions.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129647260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0038
Jessica M. Silbey
This chapter describes the processes of and justifications for qualitative empirical research in intellectual property (IP) as compared to other research methods, such as quantitative empirical approaches and theoretical economic analyses of law. It provides examples of these research methods, explains the reasons for pursuing a qualitative approach, and details a qualitative research agenda in the context of intellectual property law, as well as a step-by-step method of data collection and data analysis.
{"title":"Intellectual Property and Ethnography: A Qualitative Research Approach","authors":"Jessica M. Silbey","doi":"10.1093/oso/9780198826743.003.0038","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0038","url":null,"abstract":"This chapter describes the processes of and justifications for qualitative empirical research in intellectual property (IP) as compared to other research methods, such as quantitative empirical approaches and theoretical economic analyses of law. It provides examples of these research methods, explains the reasons for pursuing a qualitative approach, and details a qualitative research agenda in the context of intellectual property law, as well as a step-by-step method of data collection and data analysis.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122356264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0040
Ahmed Abdel-Latif, P. Roffe
Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.
{"title":"The Interface Between Intellectual Property and Sustainable Development","authors":"Ahmed Abdel-Latif, P. Roffe","doi":"10.1093/oso/9780198826743.003.0040","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0040","url":null,"abstract":"Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121836581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0031
Sharon Bar-Ziv
This chapter aims to demonstrate the implementation of the content analysis approach in the legal discipline; it argues that this approach is suitable for use by legal scholars, enabling analysis of various legal texts to uncover their connection and to learn about their meaning. Moreover, systematic analysing of legal texts yields insights that fine-tune the various challenges policy-makers and decision-makers are facing. This issue is particularly important in intellectual property (IP) research—a rapidly developing and dynamic legal field that calls for an up-to-date legal response to issues emanating from speedy technological developments. Specifically, the chapter sets forth a content analysis approach to analysing the judicial process in the context of online copyright enforcement cases. I argue that this approach facilitates advanced analysis of the legal process in a way that will help us understand and follow the development of the legal norm and contribute to legal certainty, despite the rapid changes taking place in the online copyright enforcement arena.
{"title":"A Content Analysis Approach to Intellectual Property Research","authors":"Sharon Bar-Ziv","doi":"10.1093/oso/9780198826743.003.0031","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0031","url":null,"abstract":"This chapter aims to demonstrate the implementation of the content analysis approach in the legal discipline; it argues that this approach is suitable for use by legal scholars, enabling analysis of various legal texts to uncover their connection and to learn about their meaning. Moreover, systematic analysing of legal texts yields insights that fine-tune the various challenges policy-makers and decision-makers are facing. This issue is particularly important in intellectual property (IP) research—a rapidly developing and dynamic legal field that calls for an up-to-date legal response to issues emanating from speedy technological developments. Specifically, the chapter sets forth a content analysis approach to analysing the judicial process in the context of online copyright enforcement cases. I argue that this approach facilitates advanced analysis of the legal process in a way that will help us understand and follow the development of the legal norm and contribute to legal certainty, despite the rapid changes taking place in the online copyright enforcement arena.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132197566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0050
C. Farley
This chapter traces the role of morality in intellectual property (IP) law by outlining the scholarship that addresses what extent, if any, the law does or should reflect moral judgments. Scholars have investigated this question, either explicitly or implicitly, in all of the categories of IP including patent law, trademark law, and copyright law, and to a lesser extent, trade secret law and right of publicity law. In surveying the robust scholarship and diverse perspectives about whether morality has a place in IP law, the chapter reveals an academic dispute surrounding the degree to which law should rely on morality. Some scholars look at IP through the lens of morality; some see only a disconnect between IP law and morality. For some, morality serves as a basis for IP rights, while others find law and morality to be so conceptually distinct as to be irreconcilable. Some see a danger in IP laws being in conflict with morality, while others view the introduction of morality as a danger. The chapter organizes the scholarship by the position it takes on the appropriateness of the juxtaposition of IP and morality while recognizing that the complexity of IP scholars’ relationship to morality is matched only by the complexity of morality itself as a concern of law.
{"title":"A Research Framework on Intellectual Property and Morality","authors":"C. Farley","doi":"10.1093/oso/9780198826743.003.0050","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0050","url":null,"abstract":"This chapter traces the role of morality in intellectual property (IP) law by outlining the scholarship that addresses what extent, if any, the law does or should reflect moral judgments. Scholars have investigated this question, either explicitly or implicitly, in all of the categories of IP including patent law, trademark law, and copyright law, and to a lesser extent, trade secret law and right of publicity law. In surveying the robust scholarship and diverse perspectives about whether morality has a place in IP law, the chapter reveals an academic dispute surrounding the degree to which law should rely on morality. Some scholars look at IP through the lens of morality; some see only a disconnect between IP law and morality. For some, morality serves as a basis for IP rights, while others find law and morality to be so conceptually distinct as to be irreconcilable. Some see a danger in IP laws being in conflict with morality, while others view the introduction of morality as a danger. The chapter organizes the scholarship by the position it takes on the appropriateness of the juxtaposition of IP and morality while recognizing that the complexity of IP scholars’ relationship to morality is matched only by the complexity of morality itself as a concern of law.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"377 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115997248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.1093/oso/9780198826743.003.0006
Giancarlo F. Frosio
This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.
{"title":"Intellectual Property Law and Extra-Contractual Liability","authors":"Giancarlo F. Frosio","doi":"10.1093/oso/9780198826743.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0006","url":null,"abstract":"This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.","PeriodicalId":440385,"journal":{"name":"Handbook of Intellectual Property Research","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132642578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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