Reforming intellectual property

Bibliographic Information

Reforming intellectual property

edited by Gustavo Ghidini, Valeria Falce

Edward Elgar, c2022

  • : cased

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Includes index

Description and Table of Contents

Description

Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.

Table of Contents

Contents: Preface ix 1 Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice? 1 Irene Calboli 2 Towards a general research exemption 18 Vincenzo Di Cataldo 3 Public lies and public goods: ten lessons from when patents and pandemics meet 30 Peter Drahos 4 Launching the Unified Patent Court: lessons from the United States Court of Appeals for the Federal Circuit 45 Rochelle Cooper Dreyfuss 5 Unlimiting limitations in intellectual property 68 Severine Dusollier 6 Building an ethical framework for intellectual property in the EU: time to revise the Charter of Fundamental Rights 80 Christophe Geiger 7 All words and no performance: a revolution in copyright through performance in sound 95 Johanna Gibson 8 Authors' remuneration: reforms to wish for 125 Jane C. Ginsburg 9 What single reform? 141 Sir Robin Jacob 10 Reappraising the relationship between intellectual property rights and human rights: a COVID-19 pandemic response 152 Duncan Matthews 11 Infrastructure, not waivers: promoting access to medicines in developing countries 167 Jerome H. Reichman 12 Regulating de facto powers: shifting the focus 177 Marco Ricolfi 13 EU copyright 20 years after the InfoSoc Directive - flexibility needed more than ever 188 Martin Senftleben 14 Making sure copyright works - safeguarding authors' and users' rights 211 Jens Schovsbo 15 Harmonization of employee invention laws: the black hole of the EU's innovation policy 225 Hanns Ullrich 16 Reversing logic... 259 Michel Vivant 17 Licensability as property? 269 Guido Westkamp 18 Copyright on digital platforms: shifting paradigms 292 Hong Xue 19 Increased copyright flexibilities for user-generated creativity 307 Peter K. Yu Index

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