Fairness in Intellectual Property Law

Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich, Germany, Nari Lee, Professor of Intellectual Property Law, Hanken School of Economics, Helsinki, Finland and Anna Tischner, Professor, Jagiellonian University, Krakow, Poland

• ContentsFairness in Intellectual Property Law: an introduction 1PART I SECONDARY EU LAW AS A SOURCE FOR CONCEPTUALIZING FAIRNESS 1 Fairness and related concepts in EU unfair competition law 92 Honest commercial practices and similar concepts in trade mark law 433 The concept of honest practices in EU trade secrets and data law 79PART II FAIRNESS IN LIGHT OF OVERARCHING PRINCIPLES IN PRIMARY EU LAW 4 Undistorted competition and fundamental freedoms 1125 Fairness, intellectual property and fundamental rights 141PART III DEFINING AND MEASURING FAIRNESS 6 Economics, distributive justice and moral perspectives 1847 The role of empirical evidence 213PART IV NORMATIVE FRAMEWORK AND FAIRNESS OF PROCEDURE 8 Normative structure for fairness 2499 Access to justice and fairness of sanctions 294PART V THE FAIRNESS APPROACH IN OPERATION 10 Practicing fairness erga omnes – design law as an example 334 11 Fairness inter partes 379 12 Conclusions – operationalizing fairness 419 Index 443

‘Fairness is a key concept of intellectual property law. The authors analyse it from different substantive and methodological angles and present its surprising theoretical and practical potential as a cornerstone of a modern, balanced and sustainable IP system. A highly instructive and original book.’