Examines different ways of understanding power in copyright, trademark and patent policy.

With special reference to India.

In the domain of health, the relation between bodies, citizenship, nations and governments has changed beyond recognition over the past four decades, especially in Africa. In many regions, populations are now faced with a total lack of medical care, and the disciplinary regimes of modernity are faint memories. In this situation, new critical insights beyond the critique of old »modernization« and the »disciplinary regimes« of imperial times are needed. How can we keep up our sophisticated criticism of knowledge regimes and our doubts with regard to narratives of development, when so many people in Africa are dreaming about modernity and are envisioning their own renaissance?

How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes?Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

This book brings together papers that employ postfoundational theory to critically investigate the social, political, economic and ecological dynamics and power structures that shaped Western democracies, non-Western societies and international politics during the COVID-19 pandemic. The COVID-19 pandemic disrupted not only social relations and personal lives across the globe, but also the landscape of postfoundational theory. Giorgio Agamben, one of its most prominent figures, attracted harsh criticism for his suggestion that the pandemic was nothing but an invented tool of state power. In the face of a collectively experienced emergency, it seemed tempting to forgo critical questioning in favour of taking action on a manifestly real, viral threat. Resisting this temptation, this volume makes the case that COVID-19 has rendered postfoundational critique urgently necessary. The chapters collected here use postfoundational theory to unpack the pandemic’s global social event beyond dominant narratives of unprecedentedness, exception and necessity. The authors explore where the pandemic has actually altered political, social and economic dynamics. But they also highlight where divisions, inequalities and expropriation continued unchanged, or even reinforced, throughout and after the COVID-19 event. The chapters apply, scrutinise and re-work the writings of postfoundational thinkers from Jacques Derrida, Roberto Esposito and Gilles Deleuze to Jasbir Puar to both offer a better understanding of the pandemic’s social reality and to draw from it visions for a different post-pandemic future. Viral Critique will be a key resource for academics, researchers, and advanced students of Philosophy, Political Science, Sociology, Economics and Cultural Studies. The chapters included in this book were originally published as a special issue of Distinktion: Journal of Social Theory.

Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.

The contributions to this volume eschew the long-held approach of either dismissing human rights as politically compromised or glorifying them as a priori progressive in enabling resistance. Drawing on plural social theoretic and philosophical literatures – and a multiplicity of empirical domains – they illuminate the multi-layered and intricate relationship of human rights and power. They highlight human rights’ incitement of new subjects and modes of political action, marked by an often unnoticed duality and indeterminacy. Epistemologically distancing themselves from purely deductive, theory-driven approaches, the contributors explore these linkages through historically specific rights struggles. This, in turn, substantiates the commitment to avoid reifying the ‘Third World’ as merely the terrain of ‘fieldwork’, proposing it, instead, as a legitimate and necessary site of theorising. This book was originally published as a special issue of Third World Quarterly.