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Reforming Intellectual Property
Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
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Contributors
Contents
More Information
Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.
This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.
Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.
This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.
Contributors
Contributors: Irene Calboli, Vincenzo Di Cataldo, Peter Drahos, Rochelle C. Dreyfuss, Séverine Dusollier, Christophe Geiger, Johanna Gibson, Jane C. Ginsburg, Robin Jacob, Duncan Matthews, Jerome H. Reichman, Marco Ricolfi, Jens Schovsbo, Martin Senftleben, Hanns Ullrich, Michel Vivant, Guido Westkamp, Hong Xue, Peter K. Yu
Contents
Contents:
Preface ix
1 Non-traditional trademarks as barriers to competition,
innovation, and creativity: what if their protection could be
effectively limited in practice? 1
Irene Calboli
2 Towards a general research exemption 18
Vincenzo Di Cataldo
3 Public lies and public goods: ten lessons from when
patents and pandemics meet 30
Peter Drahos
4 Launching the Unified Patent Court: lessons from the
United States Court of Appeals for the Federal Circuit 45
Rochelle Cooper Dreyfuss
5 Unlimiting limitations in intellectual property 68
Séverine Dusollier
6 Building an ethical framework for intellectual property in
the EU: time to revise the Charter of Fundamental Rights 80
Christophe Geiger
7 All words and no performance: a revolution in copyright
through performance in sound 95
Johanna Gibson
8 Authors’ remuneration: reforms to wish for 125
Jane C. Ginsburg
9 What single reform? 141
Sir Robin Jacob
10 Reappraising the relationship between intellectual property
rights and human rights: a COVID-19 pandemic response 152
Duncan Matthews
11 Infrastructure, not waivers: promoting access to medicines
in developing countries 167
Jerome H. Reichman
12 Regulating de facto powers: shifting the focus 177
Marco Ricolfi
13 EU copyright 20 years after the InfoSoc Directive –
flexibility needed more than ever 188
Martin Senftleben
14 Making sure copyright works – safeguarding authors’ and
users’ rights 211
Jens Schovsbo
15 Harmonization of employee invention laws: the black hole
of the EU’s innovation policy 225
Hanns Ullrich
16 Reversing logic… 259
Michel Vivant
17 Licensability as property? 269
Guido Westkamp
18 Copyright on digital platforms: shifting paradigms 292
Hong Xue
19 Increased copyright flexibilities for user-generated
creativity 307
Peter K. Yu
Index
Preface ix
1 Non-traditional trademarks as barriers to competition,
innovation, and creativity: what if their protection could be
effectively limited in practice? 1
Irene Calboli
2 Towards a general research exemption 18
Vincenzo Di Cataldo
3 Public lies and public goods: ten lessons from when
patents and pandemics meet 30
Peter Drahos
4 Launching the Unified Patent Court: lessons from the
United States Court of Appeals for the Federal Circuit 45
Rochelle Cooper Dreyfuss
5 Unlimiting limitations in intellectual property 68
Séverine Dusollier
6 Building an ethical framework for intellectual property in
the EU: time to revise the Charter of Fundamental Rights 80
Christophe Geiger
7 All words and no performance: a revolution in copyright
through performance in sound 95
Johanna Gibson
8 Authors’ remuneration: reforms to wish for 125
Jane C. Ginsburg
9 What single reform? 141
Sir Robin Jacob
10 Reappraising the relationship between intellectual property
rights and human rights: a COVID-19 pandemic response 152
Duncan Matthews
11 Infrastructure, not waivers: promoting access to medicines
in developing countries 167
Jerome H. Reichman
12 Regulating de facto powers: shifting the focus 177
Marco Ricolfi
13 EU copyright 20 years after the InfoSoc Directive –
flexibility needed more than ever 188
Martin Senftleben
14 Making sure copyright works – safeguarding authors’ and
users’ rights 211
Jens Schovsbo
15 Harmonization of employee invention laws: the black hole
of the EU’s innovation policy 225
Hanns Ullrich
16 Reversing logic… 259
Michel Vivant
17 Licensability as property? 269
Guido Westkamp
18 Copyright on digital platforms: shifting paradigms 292
Hong Xue
19 Increased copyright flexibilities for user-generated
creativity 307
Peter K. Yu
Index
