This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Harold G. Fox is a native of Toronto and a graduate of the University of Toronto and the Law School of Osgoode Hall. For some years he practised patent and trade mark law as a member of the firm of Fetherstonhaugh & Fox. In the nineteen-twenties he was invited to take over the management of the Canadian zipper industry and, since that time, has devoted his main energies to the development of that business. But, while he is identified today as a competent industrial executive, he is also recognized as an authority in his special field of patent, trade mark, and copyright law, in which he has continued to take a deep interest. He believes that a lawyer makes a good businessman. He has, therefore, pursued not only the academic aspect of his profession but has kept an intimate contact with it both as counsel and as writer. He is the author of several standard text-books on Canadian law—Canadian Patent Law and Practice (1937), The Canadian Law of Trade Marks and Industrial Design (1940), and The Canadian Law of Copyright (1944). He is the editor of Fox's Patent, Trade Mark and Copyright Cases, now in its sixth volume, and is a considerable contributor to legal periodicals in this country and in the United States. He was appointed King's Counsel in 1937 and is a Fellow and some-time President of the Patent Institute of Canada. He holds the honorary appointment in the University of Toronto Lecturer in the Law of Industrial Property and, in 1945, in recognition of his contributions to Canadian legal scholarship, the University conferred on him the honorary degree of Doctor of Letters. Dr. Fox has decided views on the benefits which are conferred on the industrial and commercial life of a country, and, indeed, on the public generally, by a strong patent system efficiently administered. In his view, the modern patent of invention is not a monopoly, in the sense in which that word is generally understood. He feels that the modern witch-hunt against monopolies is misdirected when it levels its attack on the patent system and predicates the opinion that, if the history of monopolies were better understood, much of the antagonism against them would tend to disappear. It is an exponent of this view that he examines, in this work, the reasons for the institution and development of monopolies, the factors which contributed to their growth in England in the sixteenth and seventeenth century, and the cause of their gradual decline and transition into the modern patent of invention. The approach to the subject is not, however, merely antiquarian. In his opinion the patent system can be improved in the interests not only of the inventor but also of the public. With this thought in mind he proposes an amendment to the patent system designed to eliminate the indefinable element of inventive ingenuity from the content of patentability, a reform which would remove much of the uncertainty of result which in the past has been the main fault of the patent system and the chief curse of the inventor and patentee. In this work Dr. Fox demonstrates an attitude toward monopolies and patents which reflects both his legal training and research and his practical industrial experience. Whether one agrees with his interpretation of the history of monopolies and his proposal for amendment of the patent system or not, this book will evoke much interest and possible controversy.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.
Intellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: • the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' • proposed reforms to the Copyright Act • the High Court's consideration of trademarks in various contexts • recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.
From the award-winning author of Medical Apartheid, an exposé of the rush to own and exploit the raw materials of life—including yours. Think your body is your own to control and dispose of as you wish? Think again. The United States Patent Office has granted at least 40,000 patents on genes controlling the most basic processes of human life, and more are pending. If you undergo surgery in many hospitals you must sign away ownership rights to your excised tissues, even if they turn out to have medical and fiscal value. Life itself is rapidly becoming a wholly owned subsidiary of the medical-industrial complex. Deadly Monopolies is a powerful, disturbing, and deeply researched book that illuminates this “life patent” gold rush and its harmful, and even lethal, consequences for public health. Like the bestselling The Immortal Life of Henrietta Lacks, it reveals in shocking detail just how far the profit motive has encroached in colonizing human life and compromising medical ethics.
Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.
