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Fairness, Morality and 'Ordre Public' in Intellectual Property

Fairness, Morality and 'Ordre Public' in Intellectual Property

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781839104367
  • 出版时间 April 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,492.25
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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
    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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