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Abbe E.L. Brown

This chapter explores the different outcomes which can arise from an IP owner winning an IP infringement action, as a result of IP law, human rights law, competition law and judicial discretion in courts from a range of countries. Particular reference is made to injunctions (interim and final) and to emerging remedies such as publicity and blocking orders. The chapter evaluates the impact this variety of outcomes can have on all those involved in the Creative Industries and on the place of IP. The chapter calls for greater engagement with this issue in policymaking and in courts.

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Edited by Abbe E.L. Brown

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.
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Abbe E. L. Brown

This chapter introduces sustainable development (from the Brundtland Commission to Agenda 21 to 2030 Agenda for Sustainable Development) and assesses its complex relationship with culture, cultural diversity and intangible cultural heritage. The chapter explores the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage, the UNESCO Convention on Promotion and Protection of Diversity of Cultural Expressions and relevant intersections with intellectual property and traditional knowledge. The chapter evaluates substantive developments regarding sustainable development and culture at the UN General Assembly (ultimately a resolution from 2015), UNESCO Declarations (notably from Hangzhou and Florence) and the development of new operational guidelines and directives from 2016; legal steps taken at national level in different countries; and engages with some contemporary Aberdeen-based examples. The chapter argues that although the legal relationship between intangible cultural heritage, cultural diversity and sustainable development is much more developed, there is still a need for more intersectional dialogue and also for substantive action. This could ensure that culture in its different forms does indeed have its envisaged role as an enabler and driver of sustainable development.

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Abbe E.L. Brown

This chapter provides an introduction to the landscape of international legal relationships between intellectual property, technology and responding to climate change; their relationship with human rights and sustainable development; attempts through negotiation, scholarship and treaty interpretation to create a new relationship between the fields; the lack of complementary activity at national level. It then sets out the structure of the rest of the book.

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Abbe E.L. Brown

This chapter explores the national landscape at UK and at Scottish level, which is relevant to climate change and to intellectual property, arguing that there is potential within these regimes for there to be conflict, and that this is not recognised or addressed at national level - which differs from the position seen at international level although gaps also remain there.

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Abbe E.L. Brown

Building on the potential for conflict identified in Chapter 2, this chapter analyses the rationales and justifications for intellectual property and responses to climate change, and potential for conflict and alignment, and explores more deeply the lack of engagement with this conflict and alignment in national legislation and policy making at a UK level regarding and across intellectual property and climate change with particular reference to climate change and intellectual property litigation.

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Abbe E.L. Brown

This chapter introduces a hypothetical scenario with case studies which evidence, at a practical level, the potential for different laws to be relevant to different ends across a set of facts and the prospect of different decisions being made to pursue different goals.

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Abbe E.L. Brown

This chapter interrogates the case studies and how the facts and developments could be approached by different sets of laws, within existing possibilities for extension and creativity, and it argues that the outcomes reveal a deep division between public and private approaches to law and between legal fields, and that this can have negative consequences - black holes - for the delivery of goals which were pursued at national level, to deliver parallel international commitments.

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Abbe E.L. Brown

Building on legal theory (in particular arguments for coherent and a Wild Law approach) and evolving approaches to statutory interpretation from a human rights perspective, this chapter develops new approaches to statutory interpretation through which courts could deliver new outcomes to the case study facts. A ProEarth approach to statutory interpretation and new hybrid action combining private and public causes of action building - a climate change Campbell - are introduced, yet this cannot address all black holes.

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Abbe E.L. Brown

This chapter takes a more direct - though less immediate - approach to creating a new relationship between intellectual property and climate change. After considering and discounting new court rules and new courts (notably building on the National Green Tribunal in India), this chapter proposes substantive changes to existing national intellectual property and climate change legislation to deliver a more integrated framework. The chapter then creates new opportunities for courts to require sharing of IP rights if this is considered appropriate, irrespective of the starting point of the action. Finally, to reduce the prospect of conflicts continuing, this chapter proposes new processes for legislation and policy making to remove the barriers between fields of expertise and enable more holistic outcomes.