Fairness, morality and ordre public in intellectual property / edited by Daniel J. Gervais.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Gervais, Daniel J., editor.

Series:

ATRIP intellectual property.

ATRIP intellectual property series

Language:

English

Subjects (All):

Conflict of laws--Intellectual property.

Conflict of laws.

Physical Description:

1 online resource (384 pages).

Place of Publication:

Northampton : Edward Elgar Publishing, 2020.

Summary:

"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"-- Provided by publisher.

Contents:

Contents: Introduction / Daniel J. Gervais

Part I: Setting the stage

1. Capturing the dynamism of fairness: A common law perspective / Poorna Mysoor

Part II: Fairness in copyright law

2. Fairness for authors and performers: The role of law / Mary LaFrance

3. Reconstructing fairness: The problem with fair use exclusivity / Maurizio Borghi

4. Fairness vs. Welfare in the discussion of copyright laws and policies: Royalties for the resale of artworks as a case study / Antoni Rubí-Puig

5. Access to textbooks in developing countries, copyright, and the right to education: Embracing extraterritorial state obligations in intellectual property law / Klaus D. Beiter

6. Fair use of intellectual property and economic growth / Yasser M. Gadallah

Part III: Economic aspects of fairness

7. Corporate intellectual property, governance and board effectiveness reviews in large and premium listed uk companies / Janice Denoncourt

8. Fair and equitable treatment of foreign investments and intellectual property rights / Emmanuel Kolawole Oke

9. Fairness and ordre public in certified global food chains / Katja Weckström Lindroos

Part IV: Application of fairness, morality and ordre public to other ip rights

10. Human rights principles as normative 'fairness' tools in the context of ip and (access to) indigenous peoples' heritage via digital libraries / Kelly Breemen and Vicky Breemen

11. Patents, morality and biomedical innovation in Europe: Historical overview, current debates on stem cells, gene editing and ai, and de lege ferenda reflections / Ana Nordberg

12. Towards a fair intellectual property framework for open science: A comparative law approach / Juan F. Córdoba-Marentes

13. Using fairness to determine post-employment duties with respect to trade secrets: The case of remedies under the trade secrets directive / Magdalena Kolasa

14. A study on the application of the general clause of the anti-unfair competition law in China in the age of the internet / Qian Tao and Haotian Geng

15. Pricing of drugs: Wither fairness! / T. Vidya Kumari

Appendix: Justice, morality and public order in intellectual property - harmony and dissonance (russian experience) / Ivan Zenin

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-83910-437-6