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Intellectual Property Law
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Intellectual Property Law

Economic and Social Justice Perspectives

9781848446274 Edward Elgar Publishing
Edited by Anne Flanagan, Queen Mary University of London, UK and Maria Lillà Montagnani, Università L. Bocconi, Italy
Publication Date: 2010 ISBN: 978 1 84844 627 4 Extent: 232 pp
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.

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Critical Acclaim
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Contents
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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.
Critical Acclaim
‘. . . excellent and provocative. . . This is a serious, deep and thought-provoking book which is reviewed now because of the increasing importance of intellectual property today in both the EU and US.’
– Sally Ramage, The Criminal Lawyer

‘Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe.’
– Dan L. Burk, University of California, Irvine, School of Law, US
Contributors
Contributors: R. Castro Bernieri, V. Falce, A. Flanagan, M.M. Frabboni, F. Ghezzi, G. Ghidini, J. Koopman, M. Maggiolino, M.L. Montagnani, F. Morando, G.B. Ramello, S.K. Sandeen
Contents
Contents:

Intellectual Property Law: Economic and Social Justice Perspectives: Introduction
Anne Flanagan and Maria Lillà Montagnani

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 EU Boundaries: IPR Exercise and Enforcement as ‘Misuse’
Anne Flanagan, Federico Ghezzi and Maria Lillà Montagnani

7. The Changing Market for Music Licences: A Redefinition 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

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 84980 670 1
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