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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 the case, and offer insights into how fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare. They explore the terms and concepts of fairness in EU legislation, analyse the overarching network of goals and values set by EU law, and address the predominant theories that inform the notion of fairness and the use of empirical methods as a tool for its concretization. Ultimately, the book presents a conceptual framework of fairness to form a toolkit for legislative and judicial decision making and applies this to emerging challenges in IP law, such as AI regulation. Showcasing multifaceted perspectives, relevant doctrines and positive norms, this book is a valuable resource for scholars and researchers of European law and intellectual property law. It is also beneficial to judges, IP practitioners, policymakers and IP offices\\\\\\\\\\\\\\\"-- Provided by publisher

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Detail Information
Series Title
Elgar Monographs in Intellectual Property Law
Call Number
346.048 KUR f
Publisher
Northampton : Edward Elgar Publishing.,
Collation
xi, 454 pages ; 24 cm.
Language
English
ISBN/ISSN
9781800883062
Classification
346.048
Content Type
-
Media Type
-
Carrier Type
-
Edition
-
Subject(s)
European Union countries
Fairness
Specific Detail Info
-
Statement of Responsibility
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