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Abbe Brown's new work provides a welcome and extremely valuable
addition of the human rights dimension to the long standing
conflict over essential technologies between intellectual property
and competition law.' - Steven Anderman, University of Essex, UK
and University of Stockholm, Sweden'Much has been written on the
flexibilities available within the intellectual property system to
address development and social needs. This book goes a step
further: it explores how greater access to essential technologies
can be ensured through human rights and competition law. Although
the analysis is focused on UK and the European Union, the book
provides valuable insights for assessing the situation in other
jurisdictions. The author suggests an innovative approach for
courts and legislators to overcome, in the light of public interest
considerations, the limits imposed by intellectual property rights.
This book is a much welcomed contribution to academic and policy
debates on the subject.' - Carlos M. Correa, University of Buenos
Aires, Argentina 'Intellectual property interacts (or clashes?)
with human rights and competition law. The refreshing bit about
this book is that a detailed practical approach to the inevitable
balancing act is proposed. Abbe Brown explains how a human rights
approach is the cornerstone of such a balancing approach and how
positive results can be achieved towards unblocking essential
technologies. And it can be done in the existing international
legal framework, even if the latter could be improved.
Well-researched, challenging and interesting reading!' - Paul
Torremans, University of Nottingham, UK 'Abbe Brown's study starts
from the assumption that IP right owners, particularly those of
innovative technologies, dispose of a disproportionately strong
legal position in relation to that of competitors and customers,
which is detrimental to society at large. Brown investigates how
the power of the IP right owners can be limited by applying
existing human rights law and competition law. To that aim it is
suggested to widen the legal landscape and to develop a more
tripartite substantive approach to IP law, human rights law and
competition law. Brown's study offers a very welcome new
contribution to the literature on the functioning of IP law, by
stressing the joint role which competition law and human rights law
can play in this respect.' - F. Willem Grosheide, Utrecht
University and Attorney at law, Van Doorne Amsterdam, The
Netherlands This detailed book explores the relationship between
intellectual property, competition and human rights. It considers
the extent to which they can and must be combined by decision
makers, and how this approach can foster innovation in key areas
for society such as pharmaceutical drugs, communications software
and technology to combat climate change. The author argues that
these three legal fields are strongly interrelated and that they
can be used to identify essential technologies. She demonstrates
that in some cases, combining the fields can deliver new bases for
wider access to be provided to technologies. The solutions
developed are strongly based on existing laws, with a focus on the
UK and the EU and the structures of existing forms of dispute
resolution, including the European Court of Human Rights and the
dispute settlement bodies of the World Trade Organization. The
final chapters also suggest opportunities for further engagement at
international policy and activist level, new approaches to IP and
its treaties, and wider adoption of the proposals. This timely book
will appeal to academics and practitioners in IP, competition and
human rights, as well as innovation-related industry groups and
access to knowledge, health and environment activists.
The creative industries are becoming of increasing important from
economic, cultural, and social perspectives. This Handbook explores
the relationship, whether positive or negative, between creative
industries and intellectual property (IP) rights. Distinguished
international contributors reflect on the diverse policy approaches
from across the world, taking into consideration a broad spectrum
of economic and philosophical stances. In doing so, the topical
chapters offer a global exploration of a wide breadth of issues,
including sector-specific examples ranging from museums to
traditional knowledge and artificial intelligence to enforcement
and new business models. Intriguingly, this Handbook also looks
forward to future challenges and developments regarding the role of
IP in creative industries. Delivering fresh and challenging
perspectives on the rich and important relationship between IP and
the creative industries, this Handbook will be vital reading for
scholars of IP. It will also be an important reference for advisors
to, policymakers for, and funders of the creative industries, as
well as activists challenging the power of IP. Contributors
include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S.
Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S.
Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C.
Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel,
R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A.
Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S.
Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin,
R.I. Yudhishthir
Exploring the potential for alignment as well as conflicts between
IP and climate change, Intellectual Property, Climate Change and
Technology encourages a coherent and integrated approach to
decision making. This groundbreaking book identifies and challenges
the lack of intersection between intellectual property law and
climate change law at national level. It argues that intellectual
property confers private rights on the results of innovation and
creativity, while climate change law and policy exists more in the
public sphere without engagement with intellectual property, with
no space for the conflict between this private power and public
goal to be investigated in litigation. This thought-provoking book
will be of great interest to scholars working in the fields of IP,
climate change law, human rights, and planning and sustainable
development, challenging the assumption that some problems are
dealt with only through consideration of certain areas of the law.
Proposing new processes for policy and law making in order to
remove barriers between these fields, Intellectual Property,
Climate Change and Technology will also be a valuable resource for
members of parliament and policy makers.
Many disciplines are relevant to combating climate change. This
challenging book draws together legal, regulatory, geographic,
industrial and professional perspectives and explores the role of
technologies in addressing climate change through mitigation,
adaptation and information gathering. It explores some key issues.
Is intellectual property part of the solution, an obstacle to
change or peripheral? Are there more important questions? Do they
receive the attention they deserve? And from whom? This innovative
book will play an important role in stimulating holistic discussion
and action on an issue of key importance to society.Environmental
Technologies, Intellectual Property and Climate Change will appeal
strongly to scholars researching IP and climate change, as well as
to a range of professionals including venture capitalists,
practising lawyers working in IP, environmental and corporate
finance law, activists within both climate change and human rights,
and policymakers.Contributors: A.E.L. Brown, K. Culver, A. Davies,
N.S. Ghaleigh, M.D. Jones, K. Kulovesi, D.A. McGrory, J. McLean, E.
Morgera, O. Onazi, J.P. Santamauro, K.R. Srinivas, B. Tuncak
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