Fairness, Morality and Ordre Public in Intellectual Property
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Fairness, Morality and Ordre Public in Intellectual Property

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.
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Chapter 9: Fairness and ordre public in certified global food chains

Katja Weckström Lindroos


Global food chains are growing longer and more complex. This chapter reviews global certification schemes for food products from the perspective of developing countries. Developing countries are rich in resources and know-how relating to nutritious, healthy and trendy foods. It pinpoints weaknesses in the intellectual property regime that may allow exploitation of traditional knowledge disguised as fair trade. In particular, it assesses whether developing countries may appeal to ordre public. It asks whether a general standard of honest commercial practices may translate into a soft law norm on the international level.

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