知識產權
知识产权论 豆瓣
作者: 郑成思 2007 - 9
《知识产权论(第3版)》主要内容涉及知识产权的基本理论和实践的热点、难点问题。理论上主要从知识产权产生的历史、知识产权的特点、知识产权与有形财产权的比较几个方面,反映它在民法中的地位,以及从工业经济向知识经济价值的发展中,它在民法地位的变化。实践上主要涉及侵权、价值评估与国际保护等问题。例如分析了“侵权认定的四要件”,在知识产权司法实践中,是否改为“侵权损害赔偿四要件”才顺理成章。
Moral Panics and the Copyright Wars 豆瓣
作者: William Patry Oxford University Press, USA 2009 - 9
Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers. In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program - not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright - metaphoric language demonizing everyone involved - has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policy decisions. A centrist and believer is appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.
The Invisible Edge 豆瓣
作者: Mark Blaxill / Ralph Eckardt 3LP Advisors 2009 - 3
How to turn intellectual property into an indispensable source of competitive advantage
Mark Blaxill and Ralph Eckardt have consulted for companies that are highly efficient, full of hard workers and smart managers—yet barely able to eke out a profit. They’ve also worked in undisciplined, mismanaged companies that generate huge margins year after year. The key to sustainable profits, they realized, was intellectual property. Yet most managers are unable to see the power of IP because they were trained to focus on more tangible factors.
This book is about turning invisible assets into an unbeatable edge. With the right IP and the right strategies, companies can command premium prices, increase market share, sustain lower costs, and even generate income directly. Without it, their products are undifferentiated and they can compete only on price.
The authors teach readers a new way to see their invisible assets, analyze them, and build a business around them. Unlike other books that focus on the legal and technical issues of IP, this one is totally practical.
Blaxill and Eckardt include fascinating case studies, ranging from golf balls (did Titleist steal technology from Bridgestone?) to Facebook (can it sustain its lead against new social networks?). They also look at a dozen mainstream companies in a wide range of industries, such as Toyota, Procter & Gamble, and IBM.