Edited by Daniel J. Gervais
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Show Summary Details
- Fairness, Morality and Ordre Public in Intellectual Property
- Chapter 1: Capturing the dynamism of fairness: a common law perspective
- Chapter 2: Fairness for authors and performers: the role of law
- Chapter 3: Reconstructing fairness: the problem with fair use exclusivity
- Chapter 4: Fairness vs. welfare in the discussion of copyright laws and policies: royalties for the resale of artworks as a case study
- Chapter 5: Access to textbooks in developing countries, copyright, and the right to education: embracing extraterritorial state obligations in intellectual property law
- Chapter 6: Fair use of intellectual property and economic growth
- Chapter 7: Corporate intellectual property, governance and board effectiveness reviews in large and premium listed UK companies
- Chapter 8: Fair and equitable treatment of foreign investments and intellectual property rights
- Chapter 9: Fairness and ordre public in certified global food chains
- Chapter 10: Human rights principles as normative ‘fairness’ tools in the context of IP and (access to) indigenous peoples’ heritage via digital libraries
- Chapter 11: Patents, morality and biomedical innovation in Europe: historical overview, current debates on stem cells, gene editing and AI, and de lege ferenda reflections
- Chapter 12: Towards a fair intellectual property framework for Open Science: a comparative law approach
- Chapter 13: Using fairness to determine post-employment duties with respect to trade secrets: the case of remedies under the Trade Secrets Directive
- Chapter 14: A study on the application of the General Clause of the Anti-Unfair Competition Law in China in the age of the internet
- Chapter 15: Pricing of drugs: wither fairness!
- Appendix: justice, morality and public order in intellectual property – harmony and dissonance (Russian experience)
This content is available to you
If the inline PDF is not rendering correctly, you can download the PDF file here.