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Kritika: Essays on Intellectual Property

Volume 4

9781839101335 Edward Elgar Publishing

Edited by Peter Drahos, Professor Emeritus, European University Institute, Florence, Italy and Professor Emeritus, Australian National University, Canberra, Australia, Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy and Hanns Ullrich, Professor Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Munich, Germany

Publication Date: 2020 ISBN: 978 1 83910 133 5 Extent: 232 pp

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Critical Acclaim

Contributors

Contents

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The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data.

With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Séverine Dusollier, Valeria Falce, Mark Findlay, Frauke Henning-Bodewig and Hans-Wolfgang Micklitz

Critical Acclaim

''The three first volumes of Kritika: Essays on Intellectual Property contain a deeply satisfying collection of in-depth doctrinal analyses, policy and case studies in all the major IP subject areas. With contributions from a distinctive array of scholars – all internationally recognized leaders in the field – Kritika presents rigorous and carefully considered topics that reflect upon the complex web of regulatory and legal responses to the challenges of globalized knowledge governance. These carefully curated volumes include a diversity of theoretical perspectives, empirical analyses and legal reasoning that illuminate existing controversies and provoke new approaches to pressing problems at the interface of law, culture, and technology. Kritika is an invaluable resource to IP scholars regardless of the stage of their career. The essays offer consequential insights, creative analyses and doctrinal refinements that will enrich the field and endure for the foreseeable future.''
– Ruth L. Okediji, Harvard Law School, US

Contributors

Contributors: P.M.N. Barbosa, P. Drahos, R.C. Dreyfuss, S. Dusollier, V. Falce, M. Findlay, G. Ghidini, F. Henning-Bodewig, H.-W. Micklitz, H. Ullrich

Contents

Contents:

1. The challenges facing IP systems: Researching for the future
Rochelle C. Dreyfuss

2. The digital economy, digital society, and private law
Hans-W. Micklitz

3. Unfair competition law – An annex to IP law? A consumer protection law? A legal field in its own right?
Frauke Henning-Bodewig

4. Property abandoned ? Rights, wrongs and forgetting Durkheim
Mark Findlay

5. The forsaken PTO: Some observations on public policies concerning intellectual property law in Brazil
Pedro Marcos Nunes Barbosa

6. Intellectual property and the bundle-of-rights metaphor
Séverine Dusollier

7. Uses and abuses of database rights
Valeria Falce

Index