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Fairness in Intellectual Property Law: Searching for a Uniform Concept

Fairness in Intellectual Property Law: Searching for a Uniform Concept

Author: Annette Kur; Nari Lee; Anna Tischner
Publisher: Edward Elgar Publishing
ISBN: 9781800883055
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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: an introduction

Part I. Secondary EU law as a source for conceptualizing fairness

Fairness and related concepts in EU unfair competition law

Honest commercial practices and similar concepts in trade mark law

The concept of honest practices in EU trade secrets and data law

Part II. Fairness in light of overarching principles in primary EU law

Undistorted competition and fundamental freedoms

Fairness, intellectual property and fundamental rights

Part III. Defining and measuring fairness

Economics, distributive justice and moral perspectives

The role of empirical evidence

Part IV. Normative framework and fairness of procedure