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.

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

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.