Research handbook on human rights and intellectual property / edited by Christophe Geiger, Associate Professor, Director General and Director of the Research Department, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France.

Format:

Book

Contributor:

Geiger, Christophe, editor.

Series:

Research handbooks in intellectual property.

Research Handbooks in Intellectual Property

Language:

English

Subjects (All):

Intellectual property.

Human rights.

Physical Description:

1 online resource (752 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2015.

Language Note:

English

Summary:

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights on intellectual property law and jurisprudence. In particular, the chapters scrutinize issues related to interactions among and between norms of different legal families, the role of human rights in development of the balanced intellectual property legal framework, s

Contents:

Cover; Copyright; Contents; Contributors; Foreword; Abbreviations; Introduction; 1. Mapping the interface between human rights and intellectual property; PART I LEGAL REALITY BEHIND HUMAN RIGHTS; 2. Human rights and balancing: The principle of proportionality; 3. Interaction between human rights: Are all human rights equal?; 4. Interaction between international human rights law and the European legal framework; 5. Overlaps and conflict norms in human rights law: Approaches of European courts to address intersections with intellectual property rights

6. Human rights and the philosophical foundations of intellectual propertyPART II HUMAN RIGHTS' IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY; Section 1 Human Rights' Implications for Intellectual Property Legislation; 7. The constitutionalization of the European legal order: Impact of human rights on intellectual property in the EU; 8. The fundamental right to (intellectual) property and the discretion of the legislature; 9. Human rights and international intellectual property law

10. Human rights and intellectual property law at the bilateral and multilateral levels: Substantive and operational aspects11. Mitigating the impact of intellectual property in developing countries through the implementation of human rights; Section 2 Impact of Human Rights on Decisions of Courts and Intellectual Property Offices; 12. Intellectual property in decisions of national Constitutional Courts in Europe; 13. Intellectual property in decisions of Constitutional Courts of Latin American countries

14. Human rights and intellectual property in the United States: The role of United States courts in striking a fine balance between competing policies15. Fundamental rights in the practice of the European Trade Mark and Designs Office (OHIM); 16. Human rights in the case law of the EPO Boards of Appeal; PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY; Section 1 Civil and Political Rights and Intellectual Property; 17. Freedom of expression and the right to information: Implications for copyright

18. Free signs and free use: How to offer room for freedom of expression within the trademark system19. Free speech and other human rights in ICANN's new generic Top Level Domain process: Debating top-down versus bottom-up protections; 20. Intellectual property and human rights: Reputation, integrity and the advent of corporate personality rights; 21. Freedom to conduct a business, competition and intellectual property; 22. Right to property and trade secrets; 23. Enforcement of intellectual property rights and the right to a fair trial

24. Digital copyright enforcement measures and their human rights threats

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

1-78347-242-1