Dr Abbe Brown Lecturer in IT Law
MA (Cantab), Dip IP (Bristol), PhD (Edinburgh), Solicitor (non practising - Scotland, England and Wales and Australia)
School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL UK
Dr Abbe Brown has been a lecturer at the University of Edinburgh since 2006 and is an Associate of the AHRC/SCRIPT research centre. Previously, Abbe spent almost 10 years in practice in London, Melbourne and Edinburgh. Abbe's research explores enabling access to essential technologies, by using the interface between intellectual property, competition and human rights.
In 2010, she was awarded a British Academy Small Research Grant for her project "Obtaining, protecting and using essential environmental technologies: a holistic analysis", which will lead to an edited collection to be published by Edward Elgar. Her doctoral research "A legal solution to a real problem: the interface between intellectual property, competition and human rights" was supported by the Modern Law Review and the Clark Foundation for Legal Education. A monograph building on this work will be published by Edward Elgar. Details of earlier work on IP, competition and human rights can be found here and on the occasional project blog ipedinburgh. Abbe is also exploring the contribution of her research to delivering access to and in the arts for persons with disabilities. She "tweets" from time to time @igftowardaccess.
Abbe co-ordinates the Information Technology Think Tank under the auspices of the ARHC/SCRIPT centre. Abbe also maintains a strong interest in public engagement: in 2009 and 2010 she gave "World IP Day" presentations to classes at Tynewater Primary School in Midlothian; and as part of the British Academy project she held an event at the Edinburgh International Science Festival in May 2011.
Abbe is Supervisory Editor (Information Technology) of SCRIPT-ed, A Journal of Law and Technology. She is a member of the Scottish Committee of the Licensing Executives Society, the Technology Committee of the Law Society of Scotland, of the Executive of BILETA and of the TSB Director's Ad Hoc Group on Intellectual Property Rights of the International Telecommunication Union. Abbe is a member of ATRIP, Society of Computers & Law, ILA, SLS, SLSA, Competition Law Scholars Forum, the Scottish Competition Law Forum and the Association for the Study of Sport and the European Union. She was a Research Associate for the RSA Adelphi Charter in 2005 and for 2008-9, Abbe was awarded the Christie Law Research Fellowship.
More widely, Abbe has expertise in all aspects of information technology and intellectual property, and a strong interest in how this relates to other legal fields and modes of regulation. She pursues this with undergraduate and postgraduate students on campus, with postgraduate students by distance learning (she is the Programme Director of the LLM in Innovation Technology and Law, in Intellectual Property Law and in Information Technology Law, see here) and with visiting students, including from Sungkyunkwan University in South Korea and as part of the Chevenning Programme. She is an Econoving Global Fellow of the Universud-Paris.
Abbe should be delighted to hear from potential PhD candidates interested in exploring any aspect of the legal challenges of information technology and intellectual property.
The book offers an original perspective on intellectual property law. Beyond providing a thorough and up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels. The focus is on contemporary challenges to intellectual property law and policy.
Journal Articles
Abbe Brown, Andres Guadamuz, Jordan Hatcher 'The Impact of Free Trade Agreements on Information Technology Based Business' (2010) Geopolitics, History, and International Relations Volume 2(1), pp. 62–123
This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)1 and its impact on Information Technology (IT) based businesses. We summarize the factual background to, and contents of, the agreement, and then review those parts of the agreement (or omissions from the agreement) that are relevant to the IT field. IT is of interest both because of its potential importance as a contributor to business (and social) growth, but also because of the lesser international roles accorded to it in comparison with its sister, intellectual property (IP). The IT-related provisions of DR-CAFTA reflect international IT (and IP) controversies. But DR-CAFTA also raises questions of the place of agreements between states, their legal validity and their impact upon international relationships and global development. The primary objective of this paper was to explore the extent to which DR-CAFTA impacts upon IT based businesses; the implications of this; to assess how much these issues, and associated economic and legal questions, had been addressed; and to lay the foundations for further legal and interdisciplinary work. We have sought to introduce all the issues covered in DR-CAFTA, and arising in respect of other agreements of this nature the issues, provide preliminary comment, and provide a list of resources for further study. There are important issues to be developed regarding all free trade agreements and IT. We propose investigating the present and future impact of UDRP provisions in DRCAFTA countries, and liability of Internet Service Providers (ISPs). These can raise important questions combining IT, e-commerce, IP, trade, human rights and competition issues; both for DR-CAFTA countries and those contemplating their own agreements. There is a need for international and interdisciplinary collaboration for this work to be done, including through empirical research with ISPs and domain name owners. We propose holding an international meeting of experts.
Abbe Brown, Castle, D et al 'Knowledge Management and the Contextualisation of Intellectual Property Rights in Innovation Systems' (2010) SCRIPT-ed Vol 7, Issue 1, 32-50
Abbe Brown 'Access to essential technologies: The role of the interface between intellectual property, competition and human rights' (2010) International Review of Law, Computers and Technology Volume 24 Issue 1, 51
Abbe Brown 'Socially responsible intellectual property: a solution?' (2005) SCRIPT-ed Vol.2, Issue 4, 519-550
Abbe Brown, Charlotte Waelde 'Intellectual Property, Competition and Human Rights: the past, the present and the future' (2005) SCRIPT-ed Vol. 2, Issue 4, 450-454
Abbe Brown 'Illuminating European Trade Marks?' (2004) SCRIPT-ed Vol. 1, Issue 1, 37-47
Abbe Brown 'Post harmonisation Europe-united, divided or unimportant' (2001) Intellectual Property Quarterly Issue 3, 275-286
Abbe Brown 'The increasing influence of intellectual property cases on the principles of statutory interpretation' (1996) European Intellectual Property Review Vol. 18, Issue 10, 526-530
Chapters
Charlotte Waelde, Abbe Brown 'Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette' in Grosheide, W. (eds) Intellectual Property and Human Rights: A Paradox (Edward Elgar, 2010) Ch 12
Abbe Brown 'Intellectual Property, Competition and the Internet' in Charlotte Waelde, Lilian Edwards (eds) Law and the Internet (Hart, 2009) 417- 440
Abbe Brown 'The Interface Between Intellectual Property, Competition and Human Rights: Overview of Field and Proposed Contribution to Knowledge' in Manoj Kumar Pattanaik (eds) Human Rights and Intellectual Property (Icfai University Press, 2008) 40
Abbe Brown 'Liability of Internet Service Providers: Recent Developments' in D.Campbell and S.Woodley (eds) E Commerce: Law & Jurisdiction (Kluwer Law International, 2003) 95-116
Notes and Reviews
Abbe Brown '"Who Profits from Climate Change"' (2011) NewsXchange July
Abbe Brown 'Book Review, of Macrory "Regulation, Enforcement and Governance in Environmental Law"' (2010) Climate Law 1 339-342
Discussion of the impact of intellectual property on access to climate change technologies; the relevance of international regimes releating to climate change and human rights; and the place of other principles. Part of wider project, "Obtaining, protecting and using essential environmental technologies: a holistic analysis", funded by the British Academy
Abbe Brown, Elisa Morgera, Keith Culver, Anna Davies, Estelle Derclaye, Suzanne Kingston, David McGrory, Kathryn McMahon, Jon Santomauro, Douglas Taylor and Baskut Tuncak, 'Towards a holistic approach to technology and climate change:what would form part of an answer?', School of Law Working Paper Series, No. 2010/32 (SSRN, 2010)
Abbe Brown 'Report of Workshop 286 at Internet Governance Forum, Sharm El Sheikh, 2009 "Towards access: combining intellectual property, competition and human rights"' (2009)
This builds on workshop held at the Internet Governance Forum in Egypt in November 2009 - for podcast see http://www.un.org/webcast/igf/ondemand.asp?mediaID=ws091118-nilevalley-am1
Abbe Brown, Andres Guadamuz 'Jordan Hatcher 'The impact of Free Trade Agreements on Information Technology based business' (2007)
Earlier version at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=984864
Abbe Brown, Andres Guadamuz 'Jordan Hatcher, Chloe Bermudez 'Free Trade Agreements and IT based business Research Appendix' (2007)
Abbe Brown 'IP, Regulation and the Enabling State' (2005)
Abbe Brown 'Power, responsibility and norms: could and should human rights be used as a curb on intellectual property rights?' (2004)
Papers and Presentations
Abbe Brown 'The problem of Technology?' presented at Scotland's National Action Plan for Human Rights Expert Meeting, Scottish Human Rights Commission, Edinburgh, 2011
Abbe Brown 'Some legal thoughts and questions' presented at Beyond Copyright? Dance and the Law, Coventry University, 2011
Abbe Brown 'Relevance to International Intellectual Property Governance: WIPO' presented at The 2010 Nagoya Protocol on Access and Benefit-sharing: Implications for International Law and Implementation Challenges, Edinburgh, 2011
Abbe Brown 'A European solution to the Intellectual Property problem: addressing challenges and preserving benefits' presented at BILETA, Manchester Metropolitan University, 2011
Abbe Brown 'Who Profits from Climate Change?' presented at Edinburgh International Science Festival, Edinburgh, 2011
Abbe Brown, Judith Rauhofer, Phoebe Li 'Responses to consultations - the BILETA contribution' presented at BILETA, Manchester Metropolitan University, 2011
Abbe Brown 'Steel fist in velvet glove?' presented at Obtaining, protecting and using essential environmental technologies: a holistic analysis Part II, Edinburgh, 2011
Abbe Brown 'Access to technology and IP: is there really a place for competition and human rights" An interactive workshop with leading practitioners' presented at Licensing Executives Society International, London, 2011
Abbe Brown 'Limiting the social power of intellectual property rights through human rights and competition' presented at Contextualising intellectual property in innovation systems perspective, European University Institute, Florence, 2010
Abbe Brown 'The place of intellectual property in a world of environmental change' presented at BILETA, Vienna, 2010
Abbe Brown 'Aims and Perspectives' presented at Obtaining, protecting and using essential environmental technologies: a holistic analysis, Edinburgh, 2010
Abbe Brown 'There is more than one world....' presented at Gikii V The Voyage Home, Edinburgh, 2010
Abbe Brown 'Dispute resolution and virtual property: why, what and where...' presented at Digital Interactive Symposium 2010, University of Edinburgh, 2010
Abbe Brown 'Whose rights? The impact of human rights on patent litigation' presented at Society of Legal Scholars, Southampton, 2010
Abbe Brown '"IP, competition and human rights: towards a wider regime"' presented at SCRIPT-ed "Governance of New Technologies: The Transformation of Medicine, Information Technology and Intellectual Property", Edinburgh, 2009
Abbe Brown 'Delivering harmony: the interface between IP, competition and human rights' presented at BILETA Annual Conference, Winchester, 2009
Abbe Brown '"A fresh and forward looking contribution to the national icon debate: the interface between patents, human rights and competition"' presented at "Fishing and Farming Iconic Species in the Genomics Era: Cod and Salmon, St Andrews, New Brunswick, Canada, 2009
Abbe Brown 'Securing access to climate change technologies: insights from the intellectual property/human rights interface' presented at Climate Change in the Courts: Emerging Patterns, Edinburgh, 2009
Abbe Brown 'Towards access: combining intellectual property, competition and human rights Workshop' presented at Internet Governance Forum, Sharm El Sheikh, Egypt, 2009
Podcast at http://www.un.org/webcast/igf/ondemand.asp?mediaID=ws091118-nilevalley-am1
Abbe Brown 'Misuse and abuse of IP and competition: a role for human rights?' presented at Max Planck Institute Intellectual Property, Competition and Tax, Munich, 2007
Abbe Brown 'Patents, competition and human rights' presented at Society of Legal Scholars, Durham, 2007
Abbe Brown 'Playing to win or the game's the thing: competition and human rights in virtual worlds' presented at GikII, London, 2007
Abbe Brown 'Must Two Worlds Collide? Real and Virtual Property Worlds' presented at GikII Workshop, Edinburgh, 2006
Abbe Brown 'Creativity and reputation - law's inadequacies?' presented at Image and Trust, Edinburgh, 2006
Abbe Brown, Charlotte Waelde 'The Human Rights Paradox in Intellectual Property Law: Russian Roulette' presented at The Human Rights Paradox in Intellectual Property Law, Utrecht, The Netherlands, 2006
Abbe Brown 'The role of the WTO Dispute Settlement System in new approaches to intellectual property' presented at Ius Commune, Edinburgh, 2005
Abbe Brown 'Technology, Human Rights and Corporate Social Responsibility - same old questions and answers' presented at SLSA, University of Liverpool, 2005
Abbe Brown 'Guarding the guards: the practical impact of human rights on innovation and creativity' presented at BILETA, Belfast, 2005
Abbe Brown 'IP, regulation and the enabling state' presented at Society of Legal Scholars, Strathclyde University, 2005
Synopsis