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Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Edited by Anne Flanagan, Queen Mary University of London, UK and Maria Lillà Montagnani, Professor of Commercial Law, Bocconi University, Italy
Contents:Intellectual Property Law: Economic and Social Justice Perspectives: IntroductionAnne Flanagan and Maria Lillà Montagnani1. Intellectual Property, Social Justice and Economic Efficiency: Insights from Law and EconomicsGiovanni B. Ramello2. Copyright Default Rule: Reconciling Efficiency and FairnessFederico Morando3. The Value of Irrationality in the IP EquationSharon K. Sandeen4. Protection of Cultural and Biological Diversity by Patent Law: Issues to be ResolvedJerzy Koopman5. Ex post Liability Rules: A Solution for the Biomedical Anti-commons?Rosa Castro Bernieri6. The Search for EU Boundaries: IPR Exercise and Enforcement as ‘Misuse’Anne Flanagan, Federico Ghezzi and Maria Lillà Montagnani7. The Changing Market for Music Licences: A Redefinition of Collective Interests and Competitive DynamicsMaria Mercedes Frabboni8. Social Justice, Innovation and Antitrust LawMariateresa Maggiolino9. Antitrust and Consumer Protection: The New Regime on Unfair Commercial PracticesGustavo Ghidini and Valeria FalceIndex
‘. . . excellent and provocative. . . This is a serious, deep and thought-provoking book which is reviewed now because of the increasing importance of intellectual property today in both the EU and US.’