The Policy Space in International Intellectual Property Law

The Policy Space in International Intellectual Property Law PDF

Author: Emmanuel Kolawole Oke

Publisher: Martinus Nijhoff Publishers

Published: 2022-04-19

Total Pages: 306

ISBN-13: 900451208X

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This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

Exhausting Intellectual Property Rights

Exhausting Intellectual Property Rights PDF

Author: Shubha Ghosh

Publisher: Cambridge University Press

Published: 2018-11-08

Total Pages: 231

ISBN-13: 1108577466

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Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

Intellectual Property and Access to Im/material Goods

Intellectual Property and Access to Im/material Goods PDF

Author: Jessica C. Lai

Publisher: Edward Elgar Publishing

Published: 2016-07-27

Total Pages: 352

ISBN-13: 1784716626

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Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.

Global Values and International Trade Law

Global Values and International Trade Law PDF

Author: Csongor István Nagy

Publisher: Routledge

Published: 2021-12-26

Total Pages: 195

ISBN-13: 1000480518

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Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.

Across Intellectual Property

Across Intellectual Property PDF

Author: Graeme W. Austin

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 345

ISBN-13: 1108617670

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Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.

Integration and International Dispute Resolution in Small States

Integration and International Dispute Resolution in Small States PDF

Author: Petra Butler

Publisher: Springer

Published: 2018-06-11

Total Pages: 337

ISBN-13: 3319745735

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This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

Diversity in Intellectual Property

Diversity in Intellectual Property PDF

Author: Irene Calboli

Publisher: Cambridge University Press

Published: 2015-05-28

Total Pages: 561

ISBN-13: 131629935X

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This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.

Global Mandatory Fair Use

Global Mandatory Fair Use PDF

Author: Tanya Aplin

Publisher: Cambridge University Press

Published: 2020-11-05

Total Pages: 283

ISBN-13: 1108835457

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Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.

Transition and Coherence in Intellectual Property Law

Transition and Coherence in Intellectual Property Law PDF

Author: Niklas Bruun

Publisher: Cambridge University Press

Published: 2021-01-07

Total Pages: 531

ISBN-13: 1108670911

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The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.