Intellectual Property / Patent / Copyright

Fairness, Morality and 'Ordre Public' in Intellectual Property

By Daniel J. Gervais
Edward Elgar Publishing April 2020

Specifications

ISBN-13
9781839104367
Publisher
Edward Elgar Publishing
Publication
April 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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
11. Ana Nordberg, Phd, LLM
Patents, Morality and Biomedical Innovation in Europe
12. Magdalena Kolasa
Using Fairness to Determine Post-Employment Duties With Respect To Trade Secrets
13. Qian Tao and Haotian Geng
A Study on the Application of the General Clause of Anti-Unfair Competition Law in China in the Age of Internet
14. T. Vidya Kumari
Pricing of Pharmaceutical Drugs –Wither Fairness!
Appendix:
Ivan Zenin
Justice, Morality and Public Order in Intellectual Property: Harmony and Dissonance: The Russian Experience
Index
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