Edited by Susy Frankel
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
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- Is Intellectual Property Pluralism Functional?
- List of contributors
- Chapter 1: Whatever became of global, mandatory, fair use? A case study in dysfunctional pluralism
- Chapter 2: Intellectual property pluralism in African development agendas: food security, plant variety protection and the role of the WIPO
- Chapter 3: National courts and their role in the development of international intellectual property law and policy – with reflections on India
- Chapter 4: Legal method and interpretation in international IP law: pluralism or systemic coherence
- Chapter 5: The role of confusion in unfair competition law: a comparative perspective
- Chapter 6: Re-conceptualising the country code top level domain name as a sui generis intellectual property right
- Chapter 7: Alternative products as a factor in determining the functionality of trade marks – how the criteria from the USfunctionality doctrine could be applied in EU law
- Chapter 8: Protecting traditional knowledge in Australia: what can we learn from India and Peru?
- Chapter 9: Geographical indications in Nepal: in search of identity
- Chapter 10: Copyright as a service – a perspective on the axiological nature of the copyright system
- Chapter 11: Copyrightability of remixes and creation of remix rights
- Chapter 12: Copyright pluralism and human rights of visually impaire dpersons
- Chapter 13: A more pluralistic approach to copyright protection after the Marrakesh Treaty
- Chapter 14: ‘Copyright is an engine of free expression’ or ‘free expression is an engine of copyright’?
- Chapter 15: Permanent injunctions in patent law – in search of flexibility
- Chapter 16: Utility model protection in Europe – an alternative for a patent or an anachronism?
- Chapter 17: University inventions in Europe: a special focus on the model of institutional ownership
- Chapter 18: Making of patent law at the digital frontier – patents at the age of 3D printing
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Chapter 1: Whatever became of global, mandatory, fair use? A case study in dysfunctional pluralism
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