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Is intellectual property pluralism functional? / edited by Susy Frankel (Professor of Law, Chair in Intellectual Property and International Trade, Faculty of Law, Victoria University of Wellington, New Zealand).
Frankel, Susy, editor.; Edward Elgar Publishing, publisher.
2019
INTERNET
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Title
Is intellectual property pluralism functional? / edited by Susy Frankel (Professor of Law, Chair in Intellectual Property and International Trade, Faculty of Law, Victoria University of Wellington, New Zealand).
Published
Northampton, MA : Edward Elgar Pub., 2019.
Call Number
INTERNET
ISBN
9781788977999 (e-book)
Description
1 online resource (pages cm).
System Control No.
(OCoLC)1089567593
(UtOrBLW)eep9781788977999
Summary
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors' insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
Note
Includes index.
Access Note
Academic ILL permitted. Non-academic ILL permitted.
Digital File Characteristics
text file
Source of Description
Description based on print record.
Series
ATRIP intellectual property.
Available in Other Form
Print version: Is intellectual property pluralism functional? Cheltenham, UK : Edward Elgar Publishing, [2019] 9781788977982 (OCoLC)1083134990
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Added Author
Frankel, Susy, editor.
Added Corporate Author
Edward Elgar Publishing, publisher.
Contents: Introduction : Susy Frankel
Part I: Global standards and their interaction with national norms
1. Whatever became of global, mandatory, fair use? A case study in dysfunctional pluralism / Lionel Bently and Tanya Aplin
2. Intellectual property pluralism in African development agendas: food security, plant variety protection and the role of the WIPO / Susan Isiko Štrba
3. National courts and their role in the development of international intellectual property law and policy - with reflections on India / Alison Slade
4. Legal method and interpretation in international IP law: pluralism or systemic coherence / Ana Nordberg
Part II: Pluralism within a framework of international norms: comparative prespectives and national policy drivers
5. The role of confusion in unfair competition law: a comparative perspective / Jennifer Davis
6. Re-conceptualising the country code top level domain name as a sui generis intellectual property right / Susan Corbett
7. Alternative products as a factor in determining the functionality of trade marks - how the criteria from the US functionality doctrine could be applied in EU law? / Lavinia Brancusi
8. Protecting traditional knowledge in Australia: what can we learn from India and Peru? / Evana Wright
9. Geographical indications in Nepal : in search of identity / Pratyush Nath Upreti
Part III: The pluralsitic functions of copyright
10. Copyright as a service - a perspective on the axiological nature of the copyright system / Ewa Laskowska- Litak and Grzegorz Mania
11. Copyrightability of remixes and creation of a remix right / Yahong Li
12. Copyright pluralism and human rights of visually impaired persons / Lida Ayoubi
13. A more pluralistic approach to copyright protection after the Marrakesh Treaty / Karolina Sztobryn
14. 'Copyright is an engine of free expression' or 'free expression is an engine of copyright'? / Chongnang Wiputhanupong
Part IV: Rigidity and flexibility of patent law
15. Permanent injunctions in patent law - in search of flexibility / Rafal Sikorski
16. Utility model protection in Europe - an alternative for a patent or an anachronism? / Marcin Balicki
17. University inventions in Europe: a special focus on the model of institutional ownership / Luz Sánchez García
18. Making of patent law at the digital frontier - patents at the age of 3D printing / Nari Lee
Index.

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