The Cambridge Handbook of Intellectual Property and Social Justice

The Cambridge Handbook of Intellectual Property and Social Justice
Title The Cambridge Handbook of Intellectual Property and Social Justice PDF eBook
Author Steven D. Jamar
Publisher
Pages 0
Release 2023
Genre Intellectual property
ISBN 9781108697613

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"Throughout most of the twentieth century an exceedingly narrow interpretation and application of the utilitarian rationale for intellectual property protection dominated much of Western intellectual property (IP) law and policy.1 This was especially evident in the United States, wherein an economic incentive/commodification approach to IP social utility pervaded IP jurisprudence and scholarly discourse"--

The Cambridge Handbook of Intellectual Property and Social Justice

The Cambridge Handbook of Intellectual Property and Social Justice
Title The Cambridge Handbook of Intellectual Property and Social Justice PDF eBook
Author Steven D. Jamar
Publisher Cambridge University Press
Pages 1019
Release 2023-12-31
Genre Law
ISBN 1108652999

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Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

The Cambridge Handbook of Copyright Limitations and Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions
Title The Cambridge Handbook of Copyright Limitations and Exceptions PDF eBook
Author Shyamkrishna Balganesh
Publisher Cambridge University Press
Pages 719
Release 2021-01-07
Genre Law
ISBN 1108670873

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While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

Intellectual Property Rights in Times of Crisis

Intellectual Property Rights in Times of Crisis
Title Intellectual Property Rights in Times of Crisis PDF eBook
Author Jens Schovsbo
Publisher Edward Elgar Publishing
Pages 251
Release 2024-02-12
Genre Law
ISBN 1035323575

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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. 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.

The Cambridge Handbook of Investment-Driven Intellectual Property

The Cambridge Handbook of Investment-Driven Intellectual Property
Title The Cambridge Handbook of Investment-Driven Intellectual Property PDF eBook
Author Enrico Bonadio
Publisher Cambridge University Press
Pages 999
Release 2023-03-31
Genre Law
ISBN 1108996221

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This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

Cambridge Handbook of Intellectual Property in Central and Eastern Europe

Cambridge Handbook of Intellectual Property in Central and Eastern Europe
Title Cambridge Handbook of Intellectual Property in Central and Eastern Europe PDF eBook
Author Mira T. Sundara Rajan
Publisher Cambridge University Press
Pages 0
Release 2019-06-13
Genre Law
ISBN 9781107156364

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Intellectual property law faces serious challenges worldwide, with many in the international community arguing that the law fails to provide much-needed support for either individual rights or the public interest in the technological environment. The Cambridge Handbook of Intellectual Property in Central and Eastern Europe offers a novel look at intellectual property issues through the lens of the post-socialist and transitional experience in Central and Eastern European countries. Contributors include both recognized and emerging leaders in their jurisdictions of interest, and experts on US, European Union, and international law. Taken together, they offer a thought-provoking critique of current approaches and build a compelling case for cogent policymaking. This important work reflects the formative experiences of a difficult history, demonstrating the courageous optimism of scholars in a region that has repeatedly overcome the challenges of the past, while consistently looking to its authors and innovators for leadership and inspiration.

The Cambridge Handbook of International and Comparative Trademark Law

The Cambridge Handbook of International and Comparative Trademark Law
Title The Cambridge Handbook of International and Comparative Trademark Law PDF eBook
Author Irene Calboli
Publisher Cambridge University Press
Pages 1176
Release 2020-09-24
Genre Law
ISBN 1108502369

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Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.