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Droit des obligations --- Obligations (Droit) --- Obligations (Law) --- Obligations civiles --- Verbintenissen (Recht) --- Intellectual property --- Law and legislation
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This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.
Intellectual property. --- Intellectual property infringement. --- Intellectual property infringement --- Law and legislation. --- Intellectual property (International law) --- Propriété intellectuelle (Droit international) --- Propriété intellectuelle --- Infractions à la propriété intellectuelle --- Comparative law --- Droit comparé --- Droit
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"The latest in the esteemed ATRIP series, this discerning book considers how the global Intellectual Property (IP) system fared in response to the unprecedented global crisis accompanying the Covid-19 pandemic and what lessons can be learned and applied to other crises. The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. The chapters, from an impressive array of contributors, examine the role and function of the rules on patents, copyright and trade secrets both in securing vaccines and in delivering much-needed access to cultural and educational material in a locked-down world, so doing through social, legal and political lenses. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law"--
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"This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system. Providing a comprehensive overview of contemporary issues in IP protection, including online content moderation, right of access, and copyright contract law, this book presents an interdisciplinary perspective on intellectual property rights around the world. The contributing authors explore algorithmic decision-making in IP rights, the practice of music sampling in relation to piracy, and an evaluation of the adequacy of statutory fair compensation provisions for authors and performers. The book also proposes a series of solutions for future international copyright issues and legislations limiting contractual freedom. This book will be a valuable resource for scholars, policymakers, and practitioners in intellectual property law"--
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Design protection --- Intellectual property --- Copyright --- Design --- Design patents --- Competition, Unfair --- Industrial design coordination --- Industrial property --- License agreements --- Patent laws and legislation --- Designs --- Law and legislation
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"This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI."
Commerce --- Conditions économiques --- European Economic Community countries --- Commerce. --- Economic conditions --- Trade secrets --- Intellectual property --- Commercial law --- Business secrets --- Commercial secrets --- Secrets, Trade --- Confidential business information --- Secrecy --- European law --- Industrial and intellectual property --- European Union --- 347.7 <4> --- 347.7 <4> Handelsrecht--Europa --- Handelsrecht--Europa --- Trade secrets - European Union countries --- Intellectual property - European Union countries --- Commercial law - European Union countries
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EU legislation for the protection of designs has been described as a 'third way' in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade. The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some ongoing points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up-to-date EU and national case law.
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Large-scale, interoperable biobanks are an increasingly important asset in today's life science research and, as a result, multiple types of biobanks are being established around the globe with very different financial, organizational and legal set-ups. With interdisciplinary chapters written by lawyers, sociologists, doctors and biobank practitioners, Global Genes, Local Concerns identifies and discusses the most pressing issues in contemporary biobanking. This timely book addresses pressing questions such as: how do national biobanks best contribute to translational research?; What are the opportunities and challenges that current regulations present for translational use of biobanks?; How does inter-biobank coordination and collaboration occur on various levels?; and how could academic and industrial exploitation, ownership and IPR issues be addressed and facilitated? Identifying that biobanks' foundational and operational set-ups should be legally and ethically sound, while at the same time reflecting the hopes and concerns of all the involved stakeholders, this book contributes to the continued development of international biobanking by highlighting and analysing the complexities in this important area of research. Academics in the fields of law and ethics, health law and biomedical law, as well as biobank managers and policymakers will find this insightful book a stimulating and engaging read.
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Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.Building upon the seminal contributions of Rochelle Dreyfuss, an international team of eminent intellectual property scholars address some of the most pressing questions surrounding the improvement of intellectual property law’s role in promoting innovation. The book explores intellectual property’s shifting boundaries and balance; its increasing relation to other global public goods such as public health; its re-configuration of traditional categories and concepts; its contradictory and incomplete implementation in international law; and its changing institutions. While diverse in subject matter, the individual contributions share the common premise that intellectual property must continually re-assess its foundational assumptions, doctrines, policies, and rationales against evolving political economies, social demands, and technologies.Thought-provoking and accessible, Improving Intellectual Property will prove an invaluable resource for academics, researchers, and students of international intellectual property law. Its exploration of how intellectual property law might promote innovation in conjunction with national, regional, and global policy goals will also be of interest to practitioners and policymakers.
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