Fairness, Morality and Ordre Public in Intellectual Property PDF Download
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Author: Daniel J.Gervais
Publisher: Edward Elgar Publishing
ISBN: 1839104376
Category : Law
Languages : en
Pages : 381
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Book Description
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.
Author: Daniel J.Gervais
Publisher: Edward Elgar Publishing
ISBN: 1839104376
Category : Law
Languages : en
Pages : 381
Get Book Here
Book Description
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.
Author: Taina Pihlajarinne
Publisher: Edward Elgar Publishing
ISBN: 1803922745
Category : Law
Languages : en
Pages : 377
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Book Description
The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.
Author: Jessica Coates
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110732106
Category : Language Arts & Disciplines
Languages : en
Pages : 729
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Book Description
Information is a critical resource for personal, economic and social development. Libraries and archives are the primary access point to information for individuals and communities with much of the information protected by copyright or licence terms. In this complex legal environment, librarians and information professionals operate at the fulcrum of copyright’s balance, ensuring understanding of and compliance with copyright legislation and enabling access to knowledge in the pursuit of research, education and innovation. This book, produced on behalf of the IFLA Copyright and other Legal Matters (CLM) Advisory Committee, provides basic and advanced information about copyright, outlines limitations and exceptions, discusses communicating with users and highlights emerging copyright issues. The chapters note the significance of the topic; describe salient points of the law and legal concepts; present selected comparisons of approaches around the world; highlight opportunities for reform and advocacy; and help libraries and librarians find their way through the copyright maze.
Author: Olasupo Owoeye
Publisher: Taylor & Francis
ISBN: 1040156665
Category : Law
Languages : en
Pages : 229
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Book Description
This book discusses the impact of intellectual property and international investment agreements within Africa. It investigates how African nations can enhance their current intellectual property legislation across various regions of the continent, while simultaneously fostering the development of local industries and stimulating innovation and creativity within the region. Despite intellectual property remaining a major issue in global trade governance, African countries have room to maximise the advantages that global intellectual property law can offer. Highlighting discourse on investment, intellectual property, and competition policies in Africa, the book underscores the need for African nations to develop intellectual property frameworks that can facilitate economic transformation. Using data from international intellectual property conventions, WTO dispute settlements and African regional organisation conventions, the book is a comprehensive call to action for African intellectual property lawyers and policymakers. The book will be of interest to students and scholars in the field of intellectual property law and international investment law.
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
ISBN: 180392523X
Category : Law
Languages : en
Pages : 703
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Book Description
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
Author: Santa Slokenberga
Publisher: BRILL
ISBN: 9004526137
Category : Law
Languages : en
Pages : 319
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Book Description
This edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law. In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
ISBN: 1800885342
Category : Law
Languages : en
Pages : 384
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Book Description
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Author: Poorna Mysoor
Publisher: Oxford University Press, USA
ISBN: 0198858191
Category : Law
Languages : en
Pages : 369
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Book Description
This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.
Author: Oke, Emmanuel K.
Publisher: Edward Elgar Publishing
ISBN: 1839100850
Category : Law
Languages : en
Pages : 224
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Book Description
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Author: Karen Walsh
Publisher: Bloomsbury Publishing
ISBN: 1509939334
Category : Law
Languages : en
Pages : 237
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Book Description
This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.
