Fairness Morality And Ordre Public In Intellectual Property
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Fairness, Morality and Ordre Public in Intellectual Property by Daniel J.Gervais Pdf
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.
The Moral Dimensions of Intellectual Property Rights by Steven Ang Pdf
In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo
Intellectual Property and Theories of Justice by A. Gosseries,A. Marciano,A. Strowel Pdf
Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?
Intellectual Property Rights in the Post Pandemic World by Taina Pihlajarinne,Jukka Mähönen,Pratyush N. Upreti Pdf
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.
Navigating Copyright for Libraries by Jessica Coates,Victoria Owen,Susan Reilly Pdf
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.
The Elgar Companion to Intellectual Property and the Sustainable Development Goals by Matthew Rimmer,Caroline B. Ncube,Bita Amani Pdf
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.
The Future of Intellectual Property by Daniel J. Gervais Pdf
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.
Governing, Protecting, and Regulating the Future of Genome Editing by Santa Slokenberga,Timo Minssen,Ana Nordberg Pdf
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.
The Interface between Intellectual Property and Investment Law by Oke, Emmanuel K. Pdf
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.
Implied Licences in Copyright Law by Poorna Mysoor Pdf
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.
Fragmentation and the European Patent System by Karen Walsh Pdf
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.
Teaching Intellectual Property Law by Sabine Jacques,Ruth Soetendorp Pdf
Integral to the commercial law field, Intellectual Property (IP) knowledge is central to culture, innovation, and enterprise. Looking forward to the new academic norm, Teaching Intellectual Property Law: Strategy and Management uses experience as well as innovative, interactive, practice-based methods for teaching IP to examine the various ways through which to move on from ‘chalk and talk’ methods.
Artificial Intelligence and Normative Challenges by Angelos Kornilakis,Georgios Nouskalis,Vassilis Pergantis,Themistoklis Tzimas Pdf
Artificial intelligence (AI) – both in its current, comparatively limited form and even more so in its potential future forms (such as general and superintelligence) – has raised both concerns and hopes. Its actual and potential consequences are increasingly far-reaching, affecting almost every facet of human life on a collective and individual level: from the use of mobile phones and social media to autonomous weapons, and from the digitalization of knowledge and information to the patentability of AI innovations, unexpected philosophical, ontological, political and legal questions continue to arise.This book offers an insightful and essential guide to the scientific questions that are shaping humanity’s present and future. Presenting a collection of academic essays written by prominent scholars, it addresses the major legal issues concerning AI: its impact on a wide range of human behavior and the general legal response, including questions on AI and legal personhood; responsibility, liability and culpability in the age of AI; the challenges AI poses for intellectual property regimes; human rights challenges; and AI’s impact on jus ad bellum and jus in bello.Given its scope, the book will appeal to researchers, scholars and practitioners seeking a guide to this rapidly transforming landscape.
Thinking Through Science and Technology by Glen Miller,Helena Mateus Jerónimo,Qin Zhu Pdf
"This edited volume transcends technological optimism and disciplinary captivity to develop a critical, broad, and diverse understanding of how science, technology, and engineering have transformed human experiences, practices, and values, with an emphasis on ethics, religion, and policy"--
