ATRIP Intellectual Property series – serie

Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book. This innovative collection of work will strongly appeal to scholars and researchers in intellectual property law, as well as all those with an interest in the dynamics of the creative process. Contributors include: I. Calboli, L. Carlsson, J. Cross, L.S. Gomez Madrigal, M. Graner, W. Grosheide, S. Hetcher, R.M. Hilty, O.A. Krauss Torres, S. Nerisson, J.R. Peritz, A. Peukert, O.A. Rognstad, J. Rosen, J. Schovsbo, G. van Overwalle, A. Oyewunmi, S. von Lewinski, K. Weckstrom, S. Wolk, H. Xue

This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.Providing a comprehensive overview of contemporary issues in IP protection, including online content moderation, right of access, and copyright contract law, this book presents an interdisciplinary perspective on intellectual property rights around the world. The contributing authors explore algorithmic decision-making in IP rights, the practice of music sampling in relation to piracy, and an evaluation of the adequacy of statutory fair compensation provisions for authors and performers. The book also proposes a series of solutions for future international copyright issues and legislations limiting contractual freedom.This book will be a valuable resource for scholars, policymakers, and practitioners in intellectual property law.

The latest in the esteemed ATRIP series, this discerning book considers how the global Intellectual Property (IP) system fared in response to the unprecedented global crisis accompanying the Covid-19 pandemic and what lessons can be learned and applied to other crises.The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. The chapters, from an impressive array of contributors, examine the role and function of the rules on patents, copyright and trade secrets both in securing vaccines and in delivering much-needed access to cultural and educational material in a locked-down world, so doing through social, legal and political lenses. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.

This book explores the interactions between intellectual property (IP) laws and other legal disciplines, examining potential policy implications raised by the growing influence of different legal frameworks on IP principles. Illustrating these issues, the book analyzes how they have shaped our understanding of IP laws and doctrines.Leading specialists debate the intersection of different areas of private, public and criminal law with intellectual property rights, drawing some forward-looking conclusions on the implications at legislative, judicial and theoretical level. In particular, they analyze such interactions as IP law and human rights, also delving into key administrative law influences on principles of copyright. They address the ways in which health law overlaps with IP law and demonstrate how the principle of good faith can be used in civil law cases. The book further outlines the relationship between fundamental areas of IP law, including patent law and regulatory data exclusivity, and real world applications such as public national security regulations. It identifies past and present challenges for trade secrets and criminal penalties, encouraging further research on the intersections of IP law with other legal fields.The Interface of Intellectual Property Law with other Legal Disciplines is a vital resource for scholars and students in IP law, public law, private law and criminal law. It is also beneficial to practitioners such as IP lawyers, in-house legal counsel and policymakers.

This forward-looking book examines how growing concerns for the environment, technological advancements and sustainable development are impacting intellectual property (IP) law. Expert contributors explore how IP law and enforcement must be applied to new innovations in order to balance economic and social interests in the IP system.Authors conceptualise the relationship between IP, sustainability and ethics, considering innovations derived from historical knowledge as well as a coherent framework for IP development in competition policy. The topic is assessed in the context of digital advancements such as AI, scrutinising the ethics of copyright protection and the right to research. Case studies from across the globe analyse, among other things, sustainable patent practices in Japan, the use of inter- and intra-regional agreements in Latin America and sustainable innovation in the EU craft sector. The authors investigate how current IP rights can be reconciled with ethical and sustainability imperatives in different economic sectors, including agriculture, food production, oil and gas.Intellectual Property, Ethical Innovation and Sustainability is a valuable resource for scholars and students of intellectual property and environmental law. It is also highly beneficial for legal policymakers and practitioners interested in ethical innovation, sustainability and the digital economy.

Intellectual Property at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition.The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonization in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.Contributors include: M. Barczewski, D. Beldiman, I. Calboli, J. de Werra, J. Drexl, C. Geiger, G. Mazziotti, C.R. McManis, J. Pelletier, I. Stamatoudi, S. Sykuna, P. Torremans, G. Westkamp

The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.Methods and Perspectives in Intellectual Property portrays the multiplicity of approaches available to a scholar of IP, and demonstrates how our understanding of intellectual property law is enriched by, amongst other things, use of historical, comparative and empirical analysis. The book highlights the emergence of law and economics in the US as one of the dominant paradigms through which to consider intellectual property law, but also illustrates how learning may usefully be imported from other fields, such as law and society, political economy, and international relations, as well as less obvious quarters such as ethics and happiness research.Methods and Perspectives in Intellectual Property will prove valuable for professors, researchers, policymakers and students in intellectual property law as well as other related areas. Contributors: A. Adewopo, M. Barczewski, N. Bruun, I. Calboli, M. Chon, E. Derclaye, G.B. Dinwoodie, Y.M. Gadallah, C. Geiger, G. Ghidini, A. Griffiths, P. Johnson, D. Py , A. Rahmatian, M. Senftleben, D. Tan, M.A. Wilkinson

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional?Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry. This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors explore lines of enquiry from a variety of more general perspectives and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists.Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field.Contributors A. Brown, I. Calboli, G. D'Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall

Intellectual Property Perspectives on the Regulation of New Technologies explores the challenges that emerging technologies and technology-driven practices pose for traditional notions of intellectual property (IP) law and policy. This book exposes the intimate relationship between IP and technology and demonstrates how most substantial revisions to IP law have been driven by technological innovations.Authors offer perspectives from across the intellectual property law spectrum and address questions such as: is the law evolving in the right direction?; and is the regulation of emerging technologies supported by sound policy objectives? The resulting discussion exposes the disparate manner in which IP law has responded to challenges posed by innovation and new technologies. In Part I authors explore whether the regulation of new technologies has fundamentally altered the object and purpose of IP law, including the balance of interests. Part II focuses on the impact of digital technologies, specifically on copyright law and policy. Covering a diverse range of topics, this book will be of interest to scholars who are researching the relationship between technological development and IP law and practice. It will also be a useful resource for those who have an interest in the evolving nature of IP law.Contributors include: J. Axhamn, M.L.L. Barcellos, R. Giblin, J.C. Ginsburg, P. Kamocki, A. Nordberg, T. Pistorius, I. Stamatoudi, T.-E. Synodinou, M.A. Wilkinson, H. Xue

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level. The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale.This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices.

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.

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.