Global Intellectual Property Protection And New Constitutionalism

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Global Intellectual Property Protection And New Constitutionalism

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Author : Jonathan Griffiths
language : en
Publisher: Oxford University Press
Release Date : 2021

Global Intellectual Property Protection And New Constitutionalism written by Jonathan Griffiths and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.

This collection of essays, written by international experts and covering a range of different areas of intellectual property law, draws on constitutional theory, and particularly on ideas of "new constitutionalism", to engage with the complex array of contemporary legal constraints on intellectual property law-making.

Global Intellectual Property Protection And New Constitutionalism

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Author : Jonathan Griffiths
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22

Global Intellectual Property Protection And New Constitutionalism written by Jonathan Griffiths and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.

The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of “new constitutionalism”, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this "constitutional" framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader "constitutional" norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Intellectual Property Ordering Beyond Borders

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Author : Henning Grosse Ruse-Khan
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-13

Intellectual Property Ordering Beyond Borders written by Henning Grosse Ruse-Khan 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 2022-10-13 with Law categories.

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.

Copyright And The Court Of Justice Of The European Union

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Author : Eleonora Rosati
language : en
Publisher: Oxford University Press
Release Date : 2023-10-06

Copyright And The Court Of Justice Of The European Union written by Eleonora Rosati and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-06 with Law categories.

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.

Improving Intellectual Property

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Author : Susy Frankel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02

Improving Intellectual Property written by Susy Frankel 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 2023-03-02 with Law categories.

Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.

Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy

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Author :
language : en
Publisher: BRILL
Release Date : 2024-04-30

Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.

This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.

Founding A Global Human Rights Culture For Trade Marks

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Author : Genevieve Wilkinson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14

Founding A Global Human Rights Culture For Trade Marks written by Genevieve Wilkinson 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 2023-08-14 with Political Science categories.

This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.

Intellectual Property And The Law Of Nations 1860 1920

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Author :
language : en
Publisher: BRILL
Release Date : 2022-05-16

Intellectual Property And The Law Of Nations 1860 1920 written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-16 with Law categories.

What was the state of the law and how states managed to fulfil their international legal obligations under the law of nations with respect to intellectual property protection? 13 contributors show how the transition of intellectual property from private rights holders and their non-state patrons evolves into state lawmaking. The book presents these transitions through international legal perspectives and the history of intellectual property rights in late modern societies in Europe, the United States, Asia and Colonial States in Africa. Contributors are: Daniel Acquah, Ainee Adam, Louise Duncan, Johanna Gibson, Philip Johnson, Jyh-An Lee, Yangzi Li, P. Sean, Morris, Peter Munkacsi, Zvi Rosen, Devanshi Saxena, Johannes Thumfart, and Esther van Zimmeren.

Intellectual Property Law Of Singapore

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Author : Susanna H. S. Leong
language : en
Publisher:
Release Date : 2013

Intellectual Property Law Of Singapore written by Susanna H. S. Leong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Copyright categories.

Cross Border Trade Secret Disputes In The European Union

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Author : Lydia Lundstedt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06

Cross Border Trade Secret Disputes In The European Union written by Lydia Lundstedt 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 2023-10-06 with Law categories.

With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.