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This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
The book investigates varying experiences from the pandemic, providing a unique prism for assessing how IP balances competing requirements of innovation and access in times of crisis. Providing novel insight into the underlying principles of IP and how these cope under extreme pressures, Intellectual Property Rights in Times of Crisis will be an ideal read for scholars and students of intellectual property as well as those with an interest in health law and disaster law and health care law.
Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law.
This collection brings together an international group of scholars in order to provide new insights into the diversity of imperial legalities. Across empires, legalities were produced not just – or even – through the imperial imposition of laws and legal forms, but through local processes of negotiation and contestation. Far from the metropoles, local actors found ways to creatively navigate and subvert imperial frameworks and laws and to create space in which to shape new legalities, responsive to local circumstance and need. Covering topics as diverse as smuggling in eighteenth century Jersey, the criminalisation of female market women in World War II-era southern Nigeria, and whitenes...
This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. M...
This volume explores how governments, policymakers and newsrooms have responded to the algorithmic distribution of the news. Contributors analyse the ongoing battle between platforms and publishers, evaluate recent attempts to manage these tensions through policy reform and consider whether algorithms can be regulated to promote media diversity and stop misinformation and hate speech. Chapter authors also interview journalists and find out how their work is changing due to the growing importance of algorithmic systems. Drawing together an international group of scholars, the book takes a truly global perspective offering case studies from Switzerland, Germany, Kenya, New Zealand, Canada, Australia, and China. The collection also provides a series of critical analyses of recent policy developments in the European Union and Australia, which aim to provide a more secure revenue base for news media organisations. A valuable resource for journalism and policy scholars and students, Governing the Algorithmic Distribution of News is an important guide for anyone hoping to understand the central regulatory issues surrounding the online distribution of news.
Black New Jersey brings to life generations of courageous men and women who fought for freedom during slavery days and later battled racial discrimination. Extensively researched, it shines a light on New Jersey's unique African American history and reveals how the state's black citizens helped to shape the nation.
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.