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Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers’ rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty.This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.
Edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome, Italy
Contents:Preface ix1 Non-traditional trademarks as barriers to competition,innovation, and creativity: what if their protection could beeffectively limited in practice? 1Irene Calboli2 Towards a general research exemption 18Vincenzo Di Cataldo3 Public lies and public goods: ten lessons from whenpatents and pandemics meet 30Peter Drahos4 Launching the Unified Patent Court: lessons from theUnited States Court of Appeals for the Federal Circuit 45Rochelle Cooper Dreyfuss5 Unlimiting limitations in intellectual property 68Séverine Dusollier6 Building an ethical framework for intellectual property inthe EU: time to revise the Charter of Fundamental Rights 80Christophe Geiger7 All words and no performance: a revolution in copyrightthrough performance in sound 95Johanna Gibson8 Authors’ remuneration: reforms to wish for 125Jane C. Ginsburg9 What single reform? 141Sir Robin Jacob10 Reappraising the relationship between intellectual propertyrights and human rights: a COVID-19 pandemic response 152Duncan Matthews11 Infrastructure, not waivers: promoting access to medicinesin developing countries 167Jerome H. Reichman12 Regulating de facto powers: shifting the focus 177Marco Ricolfi13 EU copyright 20 years after the InfoSoc Directive –flexibility needed more than ever 188Martin Senftleben14 Making sure copyright works – safeguarding authors’ andusers’ rights 211Jens Schovsbo15 Harmonization of employee invention laws: the black holeof the EU’s innovation policy 225Hanns Ullrich16 Reversing logic… 259Michel Vivant17 Licensability as property? 269Guido Westkamp18 Copyright on digital platforms: shifting paradigms 292Hong Xue19 Increased copyright flexibilities for user-generatedcreativity 307Peter K. YuIndex