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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.
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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.
Author Biography
Edited by Cristiana Sappa, Professor of Business Law, INENTIS Department, IESEG School of Management, Lille, France
Table of Contents
ContentsList of contributors viiForeword ixIntroduction: Intellectual Property Rights and Inclusivity 1Cristiana SappaPART I THE CONTEXT OF THE CONNECTION BETWEENINCLUSIVITY AND INTELLECTUAL PROPERTY1 Re-thinking intellectual property law's promise of democratic inclusion 10Sunimal Mendis2 The legal treatment of nationality in the international intellectualproperty legal framework 34Dr Paul Torremans3 Intellectual property, development, and inclusiveness: A post-colonial critique 48Bryan KhanPART II DO IPRS FAVOR INCLUSIVITY OF COMMUNITIES,MINORITIES AND INDIVIDUALS?4 (Dis)favouring disparagement. How the Derogatory Clause intrademark law affects the inclusivity of communities and minoritiesunder US law 75Willajeanne F. McLean5 The use of IPRs in religious communities 94Francesca Benatti6 Potential biases in gender and gender orientation in the granting of UStrademark registrations 119Clare Keonha Shin7 Does copyright ease inclusivity of differently able individuals? 130Caterina Sganga8 Do intellectual property rights affect sports activities? 151Stef van Gompel9 Role of intellectual property rights in an inclusive smart city 179Tomasz Szewc and Szymon Rubisz10 Hostile design protection: Could design law help promote inclusivity inEuropean cities? 196Aline Arenque, Amanda Costa Novaes and Dimitrius Costa11 Towards a more inclusive global public domain 212Maximiliano Marzetti12 Copyright as anti-discrimination 229Diana LiebenauPART III DO IPRS FAVOR INCLUSIVITY OF MICRO, SMES ANDBIG BUSINESS?13 TCES, IPRs protection and business inclusivity: The Sardinian example 249Carla Zuddas and Andrea Cocco14 Access to drugs, patents, and Pandemic crisis: A tale of (non-)inclusivity 266Sven J.R. Bostyn15 Patenting plants, plant variety protection and inclusion of plantbreeders: Is it achievable? 305Sven J.R. Bostyn16 The employee's right to learn 343Sharon K. Sandeen17 Platforms and copyright in creative industries: A tool for inclusivity? 362Dr Sabine Jacques18 Pluralism, freedom to conduct a business and the current chargingschemes for re-using cultural heritage 382Cristiana Sappa19 PCT and inclusive utility model reform for open innovation 397Dr. Toshiko Takenaka20 From exclusivity to inclusion in the field of standard essential patents:How to make an inclusive entitlement inclusive 417Martin Stierle21 Compulsory licensing of intellectual property 440Enrico Bonadio and Henna Hingorani22 Smart contracts, IPRs, inclusivity 457Irina Buzu23 From public to private enforcement: Inclusivity and copyright law 471Alina Trapova24 Insurance policies on IPRs: How contractual tools can ease inclusivity 485Marjorie Fox
Review
'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
Details ISBN1803927259 Author Cristiana Sappa Year 2024 ISBN-13 9781803927251 Format Hardcover Country of Publication United Kingdom Edited by Cristiana Sappa Publisher Edward Elgar Publishing Ltd Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Series Research Handbooks in Intellectual Property series Audience Professional & Vocational Pages 538 Publication Date 2024-06-18 UK Release Date 2024-06-18 We've got this
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