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Fairness, Morality and 'Ordre Public' in Intellectual Property

Fairness, Morality and 'Ordre Public' in Intellectual Property

Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
ISBN: 9781839104367
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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 IP 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.

Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples’ heritage rights with IP, and the pricing of pharmaceutical drugs.

Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

Introduction (D. Gervais)

Setting the Stage

1. Poorna Mysoor

Capturing the Dynamism of Fairness - A Common Law Perspective

Fairness in Copyright Law

2. Mary LaFrance

Fairness for Authors and Performers: The Role of Law

3. Maurizio Borghi

Reconstructing Fairness: The Problem with Fair Use Exclusivity

4. Antoni Rubí-Puig

Fairness vs. Welfare in the Discussion of Copyright Laws and Policies

5. Klaus D. Beiter

Access to Textbooks in Developing Countries, Copyright, and the Right to Education –Embracing Extraterritorial State Obligations in Intellectual Property Law

6. Yasser M. Gadallah

Fair Use of Intellectual Property and the Economic Growth

Economic Aspects of Fairness

7. Janice Denoncourt

Corporate Intellectual property, Governance and Board Effectiveness Reviews in Large and Premium Listed UK Companies

8. Emmanuel Kolawole Oke

Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights

9. Katja Weckström Lindroos

Fairness and Ordre Public in Certified Global Food Chains

Application of Fairness, Morality and Ordre Public to other IP rights

10. Vicky and Kelly Breemen

Human Rights Principles as Normative ‘Fairness’ Tools in the Context of IP and (Access to) Indigenous Peoples’ Heritage via Digital Libraries