Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Contents: Introduction 1. Intellectual Property, Social Justice and Economic Efficiency: Insights from Law and Economics Giovanni B. Ramello 2. Copyright Default Rule: Reconciling Efficiency and Fairness Federico Morando 3. The Value of Irrationality in the IP Equation Sharon K. Sandeen 4. Protection of Cultural and Biological Diversity by Patent Law: Issues to be Resolved Jerzy Koopman 5. Ex-post Liability Rules: A Solution for the Biomedical Anti-commons? Rosa Castro Bernieri 6. The Search for Boundaries: IPR Exercise and Enforcement as 'Misuse' Anne Flanagan, Federico Ghezzi and Maria Lilla Montagnani 7. The Changing Market for Music Licences: A Re-definition of Collective Interests and Competitive Dynamics Maria Mercedes Frabboni 8. Social Justice, Innovation, and Antitrust Law Mariateresa Maggiolino 9. Antitrust and Consumer Protection: The New Regime on Unfair Commercial Practices Gustavo Ghidini and Valeria Falce Index
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- ID: 9781848446274
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