Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’

• Contents:Introduction 1Daniel J. GervaisPART I SETTING THE STAGE1. Capturing the dynamism of fairness: a common lawperspective 8Poorna MysoorPART II FAIRNESS IN COPYRIGHT LAW2. Fairness for authors and performers: the role of law 31Mary LaFrance3. Reconstructing fairness: the problem with fair useexclusivity 53Maurizio Borghi4. Fairness vs. welfare in the discussion of copyright lawsand policies: royalties for the resale of artworks as acase study 76Antoni Rubí-Puig5. Access to textbooks in developing countries, copyright,and the right to education: embracing extraterritorial stateobligations in intellectual property law 96Klaus D. Beiter6. Fair use of intellectual property and economic growth 124Yasser M. GadallahPART III ECONOMIC ASPECTS OF FAIRNESS7. Corporate intellectual property, governance and boardeffectiveness reviews in large and premium listed UKcompanies 141Janice Denoncourt8. Fair and equitable treatment of foreign investments andintellectual property rights 173Emmanuel Kolawole Oke9. Fairness and ordre public in certified global food chains 195Katja Weckström LindroosPART IV APPLICATION OF FAIRNESS, MORALITYAND ORDRE PUBLIC TO OTHER IP RIGHTS10. Human rights principles as normative ‘fairness’ tools in thecontext of IP and (access to) indigenous peoples’ heritagevia digital libraries 215Kelly Breemen and Vicky Breemen11. Patents, morality and biomedical innovation in Europe:historical overview, current debates on stem cells, geneediting and AI, and de lege ferenda reflections 243Ana Nordberg12. Towards a fair intellectual property framework for OpenScience: a comparative law approach 268Juan F. Córdoba-Marentes13. Using fairness to determine post-employment duties withrespect to trade secrets: the case of remedies under theTrade Secrets Directive 288Magdalena Kolasa14. A study on the application of the General Clause of theAnti-Unfair Competition Law in China in the age ofthe internet 310Qian Tao and Haotian Geng15. Pricing of drugs: wither fairness! 328T. Vidya KumariAppendix: justice, morality and public order in intellectualproperty – harmony and dissonance (Russian experience) 353Ivan ZeninIndex 355

Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’

• Contents:Introduction 1Daniel J. GervaisPART I SETTING THE STAGE1. Capturing the dynamism of fairness: a common lawperspective 8Poorna MysoorPART II FAIRNESS IN COPYRIGHT LAW2. Fairness for authors and performers: the role of law 31Mary LaFrance3. Reconstructing fairness: the problem with fair useexclusivity 53Maurizio Borghi4. Fairness vs. welfare in the discussion of copyright lawsand policies: royalties for the resale of artworks as acase study 76Antoni Rubí-Puig5. Access to textbooks in developing countries, copyright,and the right to education: embracing extraterritorial stateobligations in intellectual property law 96Klaus D. Beiter6. Fair use of intellectual property and economic growth 124Yasser M. GadallahPART III ECONOMIC ASPECTS OF FAIRNESS7. Corporate intellectual property, governance and boardeffectiveness reviews in large and premium listed UKcompanies 141Janice Denoncourt8. Fair and equitable treatment of foreign investments andintellectual property rights 173Emmanuel Kolawole Oke9. Fairness and ordre public in certified global food chains 195Katja Weckström LindroosPART IV APPLICATION OF FAIRNESS, MORALITYAND ORDRE PUBLIC TO OTHER IP RIGHTS10. Human rights principles as normative ‘fairness’ tools in thecontext of IP and (access to) indigenous peoples’ heritagevia digital libraries 215Kelly Breemen and Vicky Breemen11. Patents, morality and biomedical innovation in Europe:historical overview, current debates on stem cells, geneediting and AI, and de lege ferenda reflections 243Ana Nordberg12. Towards a fair intellectual property framework for OpenScience: a comparative law approach 268Juan F. Córdoba-Marentes13. Using fairness to determine post-employment duties withrespect to trade secrets: the case of remedies under theTrade Secrets Directive 288Magdalena Kolasa14. A study on the application of the General Clause of theAnti-Unfair Competition Law in China in the age ofthe internet 310Qian Tao and Haotian Geng15. Pricing of drugs: wither fairness! 328T. Vidya KumariAppendix: justice, morality and public order in intellectualproperty – harmony and dissonance (Russian experience) 353Ivan ZeninIndex 355

Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’

• Contents:Introduction 1Daniel J. GervaisPART I SETTING THE STAGE1. Capturing the dynamism of fairness: a common lawperspective 8Poorna MysoorPART II FAIRNESS IN COPYRIGHT LAW2. Fairness for authors and performers: the role of law 31Mary LaFrance3. Reconstructing fairness: the problem with fair useexclusivity 53Maurizio Borghi4. Fairness vs. welfare in the discussion of copyright lawsand policies: royalties for the resale of artworks as acase study 76Antoni Rubí-Puig5. Access to textbooks in developing countries, copyright,and the right to education: embracing extraterritorial stateobligations in intellectual property law 96Klaus D. Beiter6. Fair use of intellectual property and economic growth 124Yasser M. GadallahPART III ECONOMIC ASPECTS OF FAIRNESS7. Corporate intellectual property, governance and boardeffectiveness reviews in large and premium listed UKcompanies 141Janice Denoncourt8. Fair and equitable treatment of foreign investments andintellectual property rights 173Emmanuel Kolawole Oke9. Fairness and ordre public in certified global food chains 195Katja Weckström LindroosPART IV APPLICATION OF FAIRNESS, MORALITYAND ORDRE PUBLIC TO OTHER IP RIGHTS10. Human rights principles as normative ‘fairness’ tools in thecontext of IP and (access to) indigenous peoples’ heritagevia digital libraries 215Kelly Breemen and Vicky Breemen11. Patents, morality and biomedical innovation in Europe:historical overview, current debates on stem cells, geneediting and AI, and de lege ferenda reflections 243Ana Nordberg12. Towards a fair intellectual property framework for OpenScience: a comparative law approach 268Juan F. Córdoba-Marentes13. Using fairness to determine post-employment duties withrespect to trade secrets: the case of remedies under theTrade Secrets Directive 288Magdalena Kolasa14. A study on the application of the General Clause of theAnti-Unfair Competition Law in China in the age ofthe internet 310Qian Tao and Haotian Geng15. Pricing of drugs: wither fairness! 328T. Vidya KumariAppendix: justice, morality and public order in intellectualproperty – harmony and dissonance (Russian experience) 353Ivan ZeninIndex 355