Table of Legislation
1. Inventing
'Intellectual Property' 1
'Inventing' 5
Patents: Basic Elements 7
Medical Patents 10
Exclusive Rights to Explore 14
Biotechnology and Genetics 15
Genetics and Patent Theory 16
Contribution to Advances in Genetic Medicine 21
Towards Medical Applications 23
Compulsory Licensing and Crown Use 24
Rules of Competition 26
Inhibitions on Research, as Distinct from Commercialization 28
Who determines Patents Policy 33
Second-tier Protection: Petty Patents and Database Rights 36
2. Creating
Copyright and Patents 42
An Asset for Authors ? 43
Digitized Works: the Threat 50
Installing Copyright Discipline: the Conquest of Napster 51
Answers within the Technology 54
Legitimate Material 56
Unlicensed Provision of Copyright Material:
Substantial Taking, Exceptions, and Limitations 60
Will Copyright become Irrelevant 66
Copyright as a Protective Wrapper 70
3. Branding
Trademark Registers 74
Rights Dependent on Trading 76
The Merits of Branding 80
Registration as a Fetter for Others 83
Proportional Geometry 86
Functions : What Should be Protected and Why 89
What does Function Analysis Achieve 91
Investment and Advertising as 'Functions' 96
When to Draw the Line 101
Trade Reputation and Registration 105
Cumulation and Convergence 110
Index 115