Edited by Jessica C. Lai, Professor of Commercial Law, Wellington School of Business and Government, Victoria University of Wellington, New Zealand and Antoinette Maget Dominicé, Faculty of Law, University of Geneva, Switzerland

'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 elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties 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

• Contents:ForewordAlain PottageIntroduction: The Relationship Between Intellectual Property and its Physical EmbodimentsJessica C. Lai and Antoinette Maget DominicéPART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE1. Understanding Access to Things: A Knowledge Commons PerspectiveMichael J. Madison2. Copyright and the New MaterialismDan L. BurkPART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES3. The Copy in CopyrightPeter K. Yu4. A Tale of Two Histories: The “Invention” and its Incentive TheoryJessica C. Lai5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”?Jessica C. LaiPART III PRACTICAL CONSIDERATIONS6. Digital Lending and Public Access to KnowledgeGiorgio Spedicato7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private DivideAisling Mcmahon8. Tangible Meets Intangible: International Trade in Intellectual PropertySusy FrankelPART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural ExpressionsMichael Blakeney10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal TraditionsCatherine E. Bell, Jessica C. Lai and Laura K. Skorodenski11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage InstitutionsSusan CorbettIndex

Edited by Jessica C. Lai, Professor of Commercial Law, Wellington School of Business and Government, Victoria University of Wellington, New Zealand and Antoinette Maget Dominicé, Faculty of Law, University of Geneva, Switzerland

'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 elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties 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

• Contents:ForewordAlain PottageIntroduction: The Relationship Between Intellectual Property and its Physical EmbodimentsJessica C. Lai and Antoinette Maget DominicéPART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE1. Understanding Access to Things: A Knowledge Commons PerspectiveMichael J. Madison2. Copyright and the New MaterialismDan L. BurkPART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES3. The Copy in CopyrightPeter K. Yu4. A Tale of Two Histories: The “Invention” and its Incentive TheoryJessica C. Lai5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”?Jessica C. LaiPART III PRACTICAL CONSIDERATIONS6. Digital Lending and Public Access to KnowledgeGiorgio Spedicato7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private DivideAisling Mcmahon8. Tangible Meets Intangible: International Trade in Intellectual PropertySusy FrankelPART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural ExpressionsMichael Blakeney10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal TraditionsCatherine E. Bell, Jessica C. Lai and Laura K. Skorodenski11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage InstitutionsSusan CorbettIndex

Edited by Jessica C. Lai, Professor of Commercial Law, Wellington School of Business and Government, Victoria University of Wellington, New Zealand and Antoinette Maget Dominicé, Faculty of Law, University of Geneva, Switzerland

'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 elds, across jurisdictions and many academic texts, this collection brings together discussions of some such issues along with nuanced evaluations of contemporary dif culties 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

• Contents:ForewordAlain PottageIntroduction: The Relationship Between Intellectual Property and its Physical EmbodimentsJessica C. Lai and Antoinette Maget DominicéPART I THEORETICAL REFLECTIONS ON THE IM/MATERIAL DIVIDE1. Understanding Access to Things: A Knowledge Commons PerspectiveMichael J. Madison2. Copyright and the New MaterialismDan L. BurkPART II CONCEPTUAL CHANGES AND CHALLENGES POSED BY NEW TECHNOLOGIES3. The Copy in CopyrightPeter K. Yu4. A Tale of Two Histories: The “Invention” and its Incentive TheoryJessica C. Lai5. The Nebulous “Invention”: From “Idea and Embodiment” to “Idea/Embodiment and Observable Physical Effects”?Jessica C. LaiPART III PRACTICAL CONSIDERATIONS6. Digital Lending and Public Access to KnowledgeGiorgio Spedicato7. Patents, Human Biobanks and Access to Health: Bridging the Public–Private DivideAisling Mcmahon8. Tangible Meets Intangible: International Trade in Intellectual PropertySusy FrankelPART IV THE IM/MATERIAL IN MUSEUMS AND ISSUES RELATING TO TRADITIONAL KNOWLEDGE9. Negotiations in WIPO for International Conventions on Traditional Knowledge and Traditional Cultural ExpressionsMichael Blakeney10. In/Tangible Heritage, Intellectual Property and Museum Policy: Exploring Methods for Respecting Indigenous Legal TraditionsCatherine E. Bell, Jessica C. Lai and Laura K. Skorodenski11. Digital V Analogue: Reconceptualising the Orphan Works Problem for Cultural Heritage InstitutionsSusan CorbettIndex