Overview

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples’ heritage rights with IP, and the pricing of pharmaceutical drugs. Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

Full Product Details

9781839104367

Table of Contents

Reviews

'Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It's important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.' -- Susy Frankel, Victoria University of Wellington, New Zealand and ATRIP President 2015-2017

Author Information

Edited by Daniel J. Gervais, Milton R. Underwood Chair in Law, Vanderbilt University Law School, US

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available