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Research Handbook on Intellectual Property Rights and Inclusivity
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
More Information
Critical Acclaim
Contributors
Contents
More Information
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
The Research Handbook on Intellectual Property Rights and Inclusivity brings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access. Contributors offer invaluable insight on the use of contracts as potential tools for inclusivity, and how enforcement can impact the well-being of diverse businesses, ranging from pharmaceutical ventures to insurance. Ultimately, this timely Research Handbook expresses how intellectual property rights impede on inclusivity to a significant degree.
This Research Handbook will be imperative for academics and students focusing on commercial inclusivity, discrimination law and the legal dimensions of intellectual property. Due to its detailed analysis of methodology, it will also be a significant resource for researchers in these areas.
The Research Handbook on Intellectual Property Rights and Inclusivity brings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access. Contributors offer invaluable insight on the use of contracts as potential tools for inclusivity, and how enforcement can impact the well-being of diverse businesses, ranging from pharmaceutical ventures to insurance. Ultimately, this timely Research Handbook expresses how intellectual property rights impede on inclusivity to a significant degree.
This Research Handbook will be imperative for academics and students focusing on commercial inclusivity, discrimination law and the legal dimensions of intellectual property. Due to its detailed analysis of methodology, it will also be a significant resource for researchers in these areas.
Critical Acclaim
‘This is an impressive collection, which brings together a wide range of perspectives on how IP law promotes and complicates achieving “inclusivity”. There is much here of interest to anyone teaching IP law.’
– Tanya Aplin, King’s College London, UK
‘This unique and ambitious Research Handbook offers diverse perspectives on inclusivity and IP, challenging the status quo and paving the way to an equal and non-discriminatory democratic society.’
– Tatsuhiro Ueno, Waseda University, Japan
‘Non-discrimination is an acknowledged constitutional principle that may be implemented by various operative measures, one of which concerns “inclusivity,” i.e., the inclusion of diverse communities in all walks of life. Thus, evidence of inclusivity verifies the implementation of the broader constitutional principle. This understanding lies at the heart of this book, which offers an original and thought-provoking perspective on intellectual property rights (IPRs) through the lens of inclusivity. In an impressive line of articles that explore various aspects of the intersection of IPRs and inclusivity, it thoroughly examines this topic yet uncovered in the literature. The outstanding collection of articles touches on a wide range of themes, including theoretical and doctrinal studies from legal, social, and economic perspectives. The book makes a comprehensive and important contribution to the study of the role of IPRs in the area of human rights and of their function in promoting focused public goals. It adds a significant layer to the growing body of scholarship on IPRs and human rights.’
– Orit Fischman Afori, The Haim Striks School of Law, Israel
‘How can inclusivity, a key condition for well-being and social development, be achieved in enforcing intellectual property, which typically creates exclusive rights? This book introduces a new and most welcome perspective, still largely unexplored, to understand the role of intellectual property in our societies.’
– Carlos Correa, The South Center, Argentina
– Tanya Aplin, King’s College London, UK
‘This unique and ambitious Research Handbook offers diverse perspectives on inclusivity and IP, challenging the status quo and paving the way to an equal and non-discriminatory democratic society.’
– Tatsuhiro Ueno, Waseda University, Japan
‘Non-discrimination is an acknowledged constitutional principle that may be implemented by various operative measures, one of which concerns “inclusivity,” i.e., the inclusion of diverse communities in all walks of life. Thus, evidence of inclusivity verifies the implementation of the broader constitutional principle. This understanding lies at the heart of this book, which offers an original and thought-provoking perspective on intellectual property rights (IPRs) through the lens of inclusivity. In an impressive line of articles that explore various aspects of the intersection of IPRs and inclusivity, it thoroughly examines this topic yet uncovered in the literature. The outstanding collection of articles touches on a wide range of themes, including theoretical and doctrinal studies from legal, social, and economic perspectives. The book makes a comprehensive and important contribution to the study of the role of IPRs in the area of human rights and of their function in promoting focused public goals. It adds a significant layer to the growing body of scholarship on IPRs and human rights.’
– Orit Fischman Afori, The Haim Striks School of Law, Israel
‘How can inclusivity, a key condition for well-being and social development, be achieved in enforcing intellectual property, which typically creates exclusive rights? This book introduces a new and most welcome perspective, still largely unexplored, to understand the role of intellectual property in our societies.’
– Carlos Correa, The South Center, Argentina
Contributors
Contributors include: Aline Arenque, Francesca Benatti, Enrico Bonadio, Sven J.R. Bostyn, Irina Buzu, Andrea Cocco, Amanda Costa Novaes, Dimitrius Costa, Marjorie Fox, Henna Hingorani, Sabine Jacques, Clare Keonha-Shin, Bryan Khan, Diana Liebenau, Maximiliano Marzetti, Willajeanne F. McLean, Sunimal Mendis, Szymon Rubisz, Sharon K. Sandeen, Cristiana Sappa, Caterina Sganga, Martin Stierle, Tomasz Szewc, Toshiko Takenaka, Paul Torremans, Alina Trapova, Stef van Gompel, Carla Zuddas
Contents
Contents
List of contributors vii
Foreword ix
Introduction: Intellectual Property Rights and Inclusivity 1
Cristiana Sappa
PART I THE CONTEXT OF THE CONNECTION BETWEEN
INCLUSIVITY AND INTELLECTUAL PROPERTY
1 Re-thinking intellectual property law’s promise of democratic inclusion 10
Sunimal Mendis
2 The legal treatment of nationality in the international intellectual
property legal framework 34
Dr Paul Torremans
3 Intellectual property, development, and inclusiveness: A post-colonial critique 48
Bryan Khan
PART II DO IPRS FAVOR INCLUSIVITY OF COMMUNITIES,
MINORITIES AND INDIVIDUALS?
4 (Dis)favouring disparagement. How the Derogatory Clause in
trademark law affects the inclusivity of communities and minorities
under US law 75
Willajeanne F. McLean
5 The use of IPRs in religious communities 94
Francesca Benatti
6 Potential biases in gender and gender orientation in the granting of US
trademark registrations 119
Clare Keonha Shin
7 Does copyright ease inclusivity of differently able individuals? 130
Caterina Sganga
8 Do intellectual property rights affect sports activities? 151
Stef van Gompel
9 Role of intellectual property rights in an inclusive smart city 179
Tomasz Szewc and Szymon Rubisz
10 Hostile design protection: Could design law help promote inclusivity in
European cities? 196
Aline Arenque, Amanda Costa Novaes and Dimitrius Costa
11 Towards a more inclusive global public domain 212
Maximiliano Marzetti
12 Copyright as anti-discrimination 229
Diana Liebenau
PART III DO IPRS FAVOR INCLUSIVITY OF MICRO, SMES AND
BIG BUSINESS?
13 TCES, IPRs protection and business inclusivity: The Sardinian example 249
Carla Zuddas and Andrea Cocco
14 Access to drugs, patents, and Pandemic crisis: A tale of (non-)inclusivity 266
Sven J.R. Bostyn
15 Patenting plants, plant variety protection and inclusion of plant
breeders: Is it achievable? 305
Sven J.R. Bostyn
16 The employee’s right to learn 343
Sharon K. Sandeen
17 Platforms and copyright in creative industries: A tool for inclusivity? 362
Dr Sabine Jacques
18 Pluralism, freedom to conduct a business and the current charging
schemes for re-using cultural heritage 382
Cristiana Sappa
19 PCT and inclusive utility model reform for open innovation 397
Dr. Toshiko Takenaka
20 From exclusivity to inclusion in the field of standard essential patents:
How to make an inclusive entitlement inclusive 417
Martin Stierle
21 Compulsory licensing of intellectual property 440
Enrico Bonadio and Henna Hingorani
22 Smart contracts, IPRs, inclusivity 457
Irina Buzu
23 From public to private enforcement: Inclusivity and copyright law 471
Alina Trapova
24 Insurance policies on IPRs: How contractual tools can ease inclusivity 485
Marjorie Fox
List of contributors vii
Foreword ix
Introduction: Intellectual Property Rights and Inclusivity 1
Cristiana Sappa
PART I THE CONTEXT OF THE CONNECTION BETWEEN
INCLUSIVITY AND INTELLECTUAL PROPERTY
1 Re-thinking intellectual property law’s promise of democratic inclusion 10
Sunimal Mendis
2 The legal treatment of nationality in the international intellectual
property legal framework 34
Dr Paul Torremans
3 Intellectual property, development, and inclusiveness: A post-colonial critique 48
Bryan Khan
PART II DO IPRS FAVOR INCLUSIVITY OF COMMUNITIES,
MINORITIES AND INDIVIDUALS?
4 (Dis)favouring disparagement. How the Derogatory Clause in
trademark law affects the inclusivity of communities and minorities
under US law 75
Willajeanne F. McLean
5 The use of IPRs in religious communities 94
Francesca Benatti
6 Potential biases in gender and gender orientation in the granting of US
trademark registrations 119
Clare Keonha Shin
7 Does copyright ease inclusivity of differently able individuals? 130
Caterina Sganga
8 Do intellectual property rights affect sports activities? 151
Stef van Gompel
9 Role of intellectual property rights in an inclusive smart city 179
Tomasz Szewc and Szymon Rubisz
10 Hostile design protection: Could design law help promote inclusivity in
European cities? 196
Aline Arenque, Amanda Costa Novaes and Dimitrius Costa
11 Towards a more inclusive global public domain 212
Maximiliano Marzetti
12 Copyright as anti-discrimination 229
Diana Liebenau
PART III DO IPRS FAVOR INCLUSIVITY OF MICRO, SMES AND
BIG BUSINESS?
13 TCES, IPRs protection and business inclusivity: The Sardinian example 249
Carla Zuddas and Andrea Cocco
14 Access to drugs, patents, and Pandemic crisis: A tale of (non-)inclusivity 266
Sven J.R. Bostyn
15 Patenting plants, plant variety protection and inclusion of plant
breeders: Is it achievable? 305
Sven J.R. Bostyn
16 The employee’s right to learn 343
Sharon K. Sandeen
17 Platforms and copyright in creative industries: A tool for inclusivity? 362
Dr Sabine Jacques
18 Pluralism, freedom to conduct a business and the current charging
schemes for re-using cultural heritage 382
Cristiana Sappa
19 PCT and inclusive utility model reform for open innovation 397
Dr. Toshiko Takenaka
20 From exclusivity to inclusion in the field of standard essential patents:
How to make an inclusive entitlement inclusive 417
Martin Stierle
21 Compulsory licensing of intellectual property 440
Enrico Bonadio and Henna Hingorani
22 Smart contracts, IPRs, inclusivity 457
Irina Buzu
23 From public to private enforcement: Inclusivity and copyright law 471
Alina Trapova
24 Insurance policies on IPRs: How contractual tools can ease inclusivity 485
Marjorie Fox
