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 12: Towards a fair intellectual property framework for Open Science: a comparative law approach

Juan F. Córdoba-Marentes

Abstract

The concept of Open Science has experienced a significant evolution at a global level during recent years, as some international and domestic public policies seek to support scientific progress through measures that tend to establish an open context for the dissemination and sharing of research results. On the other hand, the growing importance of intellectual property rights has been evident in the adoption of numerous bilateral and multilateral free trade agreements. This entails an apparent conflict between Open Science policies and intellectual property rights. However, law, which is dynamic and sensitive to social progress, can provide options to balance modern methods for the advancement of scientific investigation with protection of IP rights. Consequently, a proposed IP framework for Open Science’s main goal should be strengthening investigation and science through interchange of data and results, with an adequate protection of IP rights that continues to encourage innovation and intellectual creations. This project aims to examine the foundations of Open Science and intellectual property, as well as the international and comparative legal framework, to propose the use of certain flexibilities, exceptions and limitations to make both policies compatible.

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