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Improving Intellectual Property: A Global Project

✍ Scribed by Susy Frankel; Margaret Chon; Graeme B. Dinwoodie; Jens Schovsbo; Barbara Lauriat


Publisher
Edward Elgar Publishing
Year
2023
Tongue
English
Leaves
541
Category
Library

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✦ Synopsis


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.

✦ Table of Contents


Front Matter
Copyright
Contents
Contributors
Preface
Rochelle Dreyfuss: Teacher, builder, scholar, friend
Acknowledgements
List of common citations
List of common abbreviations
1. Introduction
PART I ADDRESSING BOUNDARIES AND IMBALANCE
2. Prioritizing intellectual property’s freedom to operate
3. Are negative spaces likely to be fragile?
4. The Marrakesh Treaty: Using the tools of intellectual property law to advance human rights
PART II PUBLIC HEALTH, PANDEMICS AND CRISES
5. Winning and losing pairings in access to medicines: A practical guide
6. COVID crisis underscores IP imbalance
7. Using compulsory licences as a governance tool: The need for greater effectiveness and policy coherence
8. Food security, food crisis and boundaries to intellectual property
PART III PATENT CHALLENGES
9. The case for a liability rule to stimulate investment in sub-patentable innovation
10. How do we protect biomedical research in the evolving intellectual property environment?
11. The validity of patent royalties after patent expiration: from the viewpoint of Japanese private international law
12. β€˜Tool Time’: The continuing relevance of compulsory licensing as a patent policy tool
13. US patent reform 2.0: Simplifying first-inventor-to-file novelty
PART IV DISPUTE SETTLEMENT AND COURT SPECIALIZATION
14. The Federal Circuit’s reach as a specialized court beyond patent law
15. Specialization everywhere: Increasing adjudicator specialization in the patent litigation ecosystem
16. The Unified Patent Court: A new patent troll haven
17. Transnational judicial competition in intellectual property law
18. Navigating public, private, national, and global: International commercial arbitration of patent disputes
PART V AUTHORS AND INVENTORS
19. Authors’ copyright (?)
20. Authors’ moral rights in the Berne Convention
21. AI machines as inventors: The role of human agency in patent law
22. Artificial inventors
PART VI EXPRESSIVE GENERICITY AND FREEDOMS
23. Patent exhaustion as a canon of expressive freedom
24. Expressive genericity revisited: What EU policymakers can learn from Rochelle Dreyfuss
25. The sensibility of β€˜expressive genericity’ and the rise (and potential fall) of in American trademark law
26. Trademarks as language in the 21st century
27. Do trademarks assist global fabless manufacturing?
PART VII INFORMATION/DATA AND CONFIDENTIALITY/PUBLICITY
28. Information law pioneer
29. The right of publicity as civic communication
30. Governing valuable confidential data in the EU: Transparency as fairness
31. FAIR, FRAND and open - The institutionalization of research data sharing under the EU data strategy
32. A shifting paradigm of regulatory data transparency in Europe: How to reconcile the irreconcilable
PART VIII NON-DISCRIMINATION ISSUES
33. Remuneration rights and national treatment
34. The limits of national treatment
35. Discriminatory non-discrimination
36. Non-discrimination as to the field of commerce as a norm of international trade mark law
PART IX MAKING INTERNATIONAL IP AND INVESTMENT LAW
37. Proceduralism is not fetishism - International intellectual property lawmaking and global administrative law
38. Early findings on the economic impacts of intellectual property-related trade agreements
39. The changing chemistry between intellectual property and investment law
40. Investment treaties and public health: Time to rethink the strategy?
41. Excluding intellectual property from bilateral trade and investment agreements: A lesson from the global health crisis
PART X INSTITUTIONS AND POLITICAL DRIVERS
42. Justifying the public law of patents
43. WIPO alert - A reason to be alerted?
44. A scholarly look at international IP - Idealistic and pragmatic
45. IP in an era of new mercantilism
46. Toward pluralism in United States intellectual property
47. Does IP improve the world?
Index


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