Fairness In Intellectual Property Law

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Fairness In Intellectual Property Law

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Author : Annette Kur
language : en
Publisher:
Release Date : 2024-11-28

Fairness In Intellectual Property Law written by Annette Kur and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-28 with Law categories.

This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be the case, and offer insights into how fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare. They explore the terms and concepts of fairness in EU legislation, analyse the overarching network of goals and values set by EU law, and address the predominant theories that inform the notion of fairness and the use of empirical methods as a tool for its concretization. Ultimately, the book presents a conceptual framework of fairness to form a toolkit for legislative and judicial decision making and applies this to emerging challenges in IP law, such as AI regulation. Showcasing multifaceted perspectives, relevant doctrines and positive norms, this book is a valuable resource for scholars and researchers of European law and intellectual property law. It is also beneficial to judges, IP practitioners, policymakers, and IP offices.

Fairness In Intellectual Property Law

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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-11-08

Fairness In Intellectual Property Law written by Annette Kur and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-08 with Law categories.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be the case, and offer insights into how the operation of fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare.

Fairness Morality And Ordre Public In Intellectual Property

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Author : Daniel J.Gervais
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24

Fairness Morality And Ordre Public In Intellectual Property written by Daniel J.Gervais and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.

Global Mandatory Fair Use

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Author : Tanya Aplin
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05

Global Mandatory Fair Use written by Tanya Aplin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Law categories.

Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.

Justifying Intellectual Property

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Author : Robert P. Merges
language : en
Publisher: Harvard University Press
Release Date : 2011-06-13

Justifying Intellectual Property written by Robert P. Merges and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.

In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

The Protection Of Traditional Knowledge On Genetic Resources

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Author : Frantzeska Papadopoulou
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27

The Protection Of Traditional Knowledge On Genetic Resources written by Frantzeska Papadopoulou and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Education categories.

Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

Intellectual Property Rights In A Fair World Trade System

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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Intellectual Property Rights In A Fair World Trade System written by Annette Kur and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.

Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.

Transition And Coherence In Intellectual Property Law

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Author : Niklas Bruun
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07

Transition And Coherence In Intellectual Property Law written by Niklas Bruun and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.

This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

China Intellectual Property Law Guide

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Author : Kluwer Law International
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01

China Intellectual Property Law Guide written by Kluwer Law International and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.

Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide

Dutfield And Suthersanen On Global Intellectual Property Law

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Author : Graham Dutfield
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-01-31

Dutfield And Suthersanen On Global Intellectual Property Law written by Graham Dutfield and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-31 with Law categories.

A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.