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Fairness, Morality and Ordre Public in Intellectual Property

Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University, US and Professor of Information Law, University of Amsterdam, the Netherlands
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Extent: c 336 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: April 2020
ISBN: 978 1 83910 436 7
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  • eISBN: 978 1 83910 437 4

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This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.

Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples’ heritage rights with IP, and the pricing of pharmaceutical drugs.

Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.
‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’
– Susy Frankel, Victoria University of Wellington, New Zealand and ATRIP President 2015-2017
Contributors include: K.D. Beiter, M. Borghi, J.M. Breemen, V.E. Breemen, J. Denoncourt, Y.M. Gadallah, H.Geng, D. Gervais, M. Kolasa, T.V. Kumari, M. LaFrance, P. Mysoor, A. Nordberg, E.K. Oke, A. Rubí-Puig, Q. Tao, K. Weckström Lindroos, I. Zenin
Contents:

Introduction (D. Gervais)

Setting the Stage
1. Poorna Mysoor
Capturing the Dynamism of Fairness - A Common Law Perspective

Fairness in Copyright Law
2. Mary LaFrance
Fairness for Authors and Performers: The Role of Law
3. Maurizio Borghi
Reconstructing Fairness: The Problem with Fair Use Exclusivity
4. Antoni Rubí-Puig
Fairness vs. Welfare in the Discussion of Copyright Laws and Policies
5. Klaus D. Beiter
Access to Textbooks in Developing Countries, Copyright, and the Right to Education –Embracing Extraterritorial State Obligations in Intellectual Property Law
6. Yasser M. Gadallah
Fair Use of Intellectual Property and the Economic Growth

Economic Aspects of Fairness
7. Janice Denoncourt
Corporate Intellectual property, Governance and Board Effectiveness Reviews in Large and Premium Listed UK Companies
8. Emmanuel Kolawole Oke
Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights
9. Katja Weckström Lindroos
Fairness and Ordre Public in Certified Global Food Chains

Application of Fairness, Morality and Ordre Public to other IP rights
10. Vicky and Kelly Breemen
Human Rights Principles as Normative ‘Fairness’ Tools in the Context of IP and (Access to) Indigenous Peoples’ Heritage via Digital Libraries
11. Ana Nordberg, Phd, LLM
Patents, Morality and Biomedical Innovation in Europe
12. Magdalena Kolasa
Using Fairness to Determine Post-Employment Duties With Respect To Trade Secrets
13. Qian Tao and Haotian Geng
A Study on the Application of the General Clause of Anti-Unfair Competition Law in China in the Age of Internet
14. T. Vidya Kumari
Pricing of Pharmaceutical Drugs –Wither Fairness!

Appendix
Ivan Zenin
Justice, Morality and Public Order in Intellectual Property: Harmony and Dissonance: The Russian Experience

Index