Intellectual Property and the European Economic Constitutional Law

Intellectual Property and the European Economic Constitutional Law
Author: Tuomas Mylly
Publisher:
Total Pages: 626
Release: 2009
Genre: Antitrust law
ISBN: 9789529986439

How is the interaction between intellectual property and competition laws determined? Which laws and principles regulate the economic and informational power based on intellectual property rights? In the information society, intellectual property rights constitute not only the core strategic assets of firms, but also the instruments of societally relevant power. Intellectual property, competition and fundamental rights laws increasingly participate in constituting the networked information society and its future. In this timely book, the European system of intellectual property protection is approached from less traditional premises based on European constitutionalism and democratic discourse. European intellectual property and competition laws, their general principles, doctrines of interpretation and interaction constitute the central areas of concretization.--

Intellectual Property Law and Human Rights

Intellectual Property Law and Human Rights
Author: Paul Torremans
Publisher: Kluwer Law International B.V.
Total Pages: 1005
Release: 2020-06-08
Genre: Law
ISBN: 9403513144

Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

Global Intellectual Property Protection and New Constitutionalism

Global Intellectual Property Protection and New Constitutionalism
Author: Jonathan Griffiths
Publisher: Oxford University Press
Total Pages: 401
Release: 2022-02-14
Genre: Law
ISBN: 0198863160

The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

European Intellectual Property Law

European Intellectual Property Law
Author: Justine Pila
Publisher: Oxford University Press, USA
Total Pages: 712
Release: 2019-08-08
Genre: Law
ISBN: 0198831285

European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

US Intellectual Property Law and Policy

US Intellectual Property Law and Policy
Author: Hugh C. Hansen
Publisher: Edward Elgar Publishing
Total Pages: 225
Release: 2006-01-01
Genre: Law
ISBN: 1845429958

US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

Copyright and Fundamental Rights in the Digital Age

Copyright and Fundamental Rights in the Digital Age
Author: Oreste Pollicino
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2020-10-30
Genre: Law
ISBN: 1788113888

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

Rethinking Intellectual Property

Rethinking Intellectual Property
Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2018
Genre: Law
ISBN: 1783478012

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Research Handbook on Human Rights and Intellectual Property

Research Handbook on Human Rights and Intellectual Property
Author: Christophe Geiger
Publisher: Edward Elgar Publishing
Total Pages: 753
Release: 2015-02-27
Genre: Law
ISBN: 1783472421

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

Propertizing European Copyright

Propertizing European Copyright
Author: Caterina Sganga
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2018-02-23
Genre: Law
ISBN: 178643041X

With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.