Fairness in intellectual property law : searching for a uniform concept /
"This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be...
| Main Authors: | , , |
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| Format: | eBook |
| Language: | English |
| Published: |
Cheltenham, UK ; Northampton, Massachusetts :
Edward Elgar Publishing Limited,
2024.
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| Series: | Elgar monographs in intellectual property law.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Fairness in Intellectual Property Law : an introduction
- Part I: Secondary EU law as a source for conceptualizing fairness
- Fairness and related concepts in EU unfair competition law
- Honest commercial practices and similar concepts in trade mark law
- The concept of honest practices in EU trade secrets and data law
- Part II: Fairness in light of overarching principles in primary EU law
- Undistorted competition and fundamental freedoms
- Fairness, intellectual property and fundamental rights
- Part III: Defining and measuring fairness
- Economics, distributive justice and moral perspectives
- The role of empirical evidence
- Part IV: Normative framework and fairness of procedure
- Normative structure for fairness
- Access to justice and fairness of sanctions
- Part V: The fairness approach in operation
- Practicing fairness erga omnes : design law as an example
- Fairness inter partes
- Conclusions: Operationalizing fairness.