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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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The Exploitation of Intellectual Property Rights: In Search of the Right Balance

Edited by: Jens Schovsbo

ISBN13: 9781035311453
Published: June 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £105.00



Despatched in 4 to 6 days.

This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.

Providing a comprehensive overview of contemporary issues in IP protection, including online content moderation, right of access, and copyright contract law, this book presents an interdisciplinary perspective on intellectual property rights around the world. The contributing authors explore algorithmic decision-making in IP rights, the practice of music sampling in relation to piracy, and an evaluation of the adequacy of statutory fair compensation provisions for authors and performers. The book also proposes a series of solutions for future international copyright issues and legislations limiting contractual freedom.

This book will be a valuable resource for scholars, policymakers, and practitioners in intellectual property law.

Subjects:
Intellectual Property Law
Contents:
The exploitation of intellectual property rights: An overview 1
Jens Schovsbo
1. Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5
Orit Fischman-Afori
2. Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28
Olga Kokoulina
3. Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57
Leanne Wiseman and Kanchana Kariyawasam
4. Use requirements of patent laws during pandemic – ‘litmus test’? 83
Manchikanti Padmavati
5. Access to undisclosed know-how 112
Joy Y. Xiang
6. Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137
Kalpana Tyagi
7. Copyright reversion: Debates, data, and directions 161
Joshua Yuvaraj
8. Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187
Irina Eidsvold-Tøien
9. Limiting freedom of contract: Next step for copyright treaties? 216
David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo

Index