Fairness in intellectual property law
Başlık:
Fairness in intellectual property law
Yazar:
Kur, Annette, author.
ISBN:
9781800883062
Yazar:
Fiziksel Niteleme:
1 online resource (466 pages).
Seri:
Elgar monographs in intellectual property law
Elgar monographs in intellectual property law.
Genel Not:
Includes index.
İçindekiler:
Contents: Fairness in intellectual property law: An Introduction -- 1. Part I: Secondary EU law as a source for conceptualizing fairness -- 1. Fairness and related concepts in EU unfair competition law -- 2. Honest commercial practices and similar concepts in trade mark law -- 3. The concept of honest practices in EU trade secrets and data law -- Part II: Fairness in light of overarching principles in primary EU law -- 4. Undistorted competition and fundamental freedoms -- 5. Fairness, intellectual property and fundamental rights -- Part III: Defining and measuring fairness -- 6. Economics, distributive justice and moral perspectives -- 7. The role of empirical evidence -- Part IV: Normative framework and fairness of procedure -- 8. Normative structure for fairness -- 9. Access to justice and fairness of sanctions -- Part V: The fairness approach in operation -- 10. Practicing fairness erga omnes - design law as an example -- 11. Fairness inter partes -- 12. Conclusions - operationalizing fairness -- Index.
Özet:
"This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be the case, and offer insights into how fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare. They explore the terms and concepts of fairness in EU legislation, analyse the overarching network of goals and values set by EU law, and address the predominant theories that inform the notion of fairness and the use of empirical methods as a tool for its concretization. Ultimately, the book presents a conceptual framework of fairness to form a toolkit for legislative and judicial decision making and applies this to emerging challenges in IP law, such as AI regulation. Showcasing multifaceted perspectives, relevant doctrines and positive norms, this book is a valuable resource for scholars and researchers of European law and intellectual property law. It is also beneficial to judges, IP practitioners, policymakers and IP offices"-- Provided by publisher.
Tür:
Ek Kurum Yazar:
Elektronik Erişim:
https://www.elgaronline.com/view/book/9781800883062/9781800883062.xml