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\def\WIPO{World Intellectual Property Organisation}
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Diversity in Intellectual Property : Identities, Interests, and Intersections.
2015
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Details
Title
Diversity in Intellectual Property : Identities, Interests, and Intersections.
Item Type
Book
Description
1 online resource (562 pages)
ISBN
9781316329498 electronic book
Summary
Leading scholars address the interface between intellectual property and diversity with respect to culture, religion, race, and gender.
Note
Description based upon print version of record.
Leading scholars address the interface between intellectual property and diversity with respect to culture, religion, race, and gender.
Leading scholars address the interface between intellectual property and diversity with respect to culture, religion, race, and gender.
Formatted Contents Note
Cover
Half-title
Title page
Copyright information
Table of contents
Editors and contributors
Foreword: Diversifying Intellectual Property
Acknowledgments
Introduction
I. Recognizing Diversity: The Ongoing Challenge
II. Recognizing Diversity in Intellectual Property
III. Introducing the Book: Diverse Perspectives in Intellectual Property
IV. Issues Addressed in the Book: Identities, Interests, and Intersections in Intellectual Property
V. The Coffee Catalyst: The Us, the Editors.
Part I Recognizing and Supporting Diversity in Intellectual Property Norm Setting
1 Interpreting International Intellectual Property Agreements and Supporting Diversity Goals
I. Introduction
II. The Rules of International Treaty Interpretation
III. Cultural Identity and Diversity and Intellectual Property
A. Geographical Indications and Traditional Knowledge
B. Copyright
IV. The Rules of Interpretation and Diversity
V. Conclusion
2 The Miracle at Marrakesh
I. Introduction
II. The Book Famine
III. The Road to Marrakesh.
IV. A Summary of the Proposals and WIPO's Evolving Agenda
A. The WBU Proposal
B. The African Group Proposal
C. The U.S. Draft Consensus Instrument
D. The EU Joint Recommendation
E. WIPO's Evolving Agenda and Platforms
V. The Marrakesh Treaty
A. The Four Substantive Obligations
B. Major Hurdles: The Berne Gap and the Three-Step Test
VI. Ramifications for International IPR Regimes
VII. Conclusion
3 Deviant Globalization and the Rise of Diverse Interests in the Multilateral Protection of Intellectual Property
I. Introduction.
II. "Deviant Globalization" and the New Economic Interests of the "Informal" Economy
III. Recognizing the Interests of the Participants in the Informal Economy
A. Fair Compensation Fuels the Market
B. Consumers Matter
C. Innovative Business Models Deserve Adequate Breathing Space to Flourish
D. Markets Necessarily Require Regulation
IV. Conclusion
4 Promoting Diversity in Pharmaceutical Innovation and Access
I. Introduction
II. Section 3(d) of the Indian Patents Act and the Supreme Court's Decision in Novartis
A. The Anatomy of Section 3(d).
B. Section 3(d) and the Supreme Court's Decision in Novartis
III. Compulsory Licensing and the Bayer-Natco Dispute
A. The Bayer-Natco Compulsory Licensing on the Ground of Insufficient "Working"
IV. Promoting Diversity: What Principles Emerge from India's Patent Law and Policy?
A. Principle I: Evergreening of Patents is Not "Invention"
B. Principle II: Use of Liability Rules for Inducing "Working" is Justifiable
V. Discrimination or Differentiation: From Rule-Based to Principle-Based Approaches
A. Rule-Based v. Principle-Based Deference in Examining TRIPS Consistency.
B. Evergreening and Principle-Based Differentiation.
Half-title
Title page
Copyright information
Table of contents
Editors and contributors
Foreword: Diversifying Intellectual Property
Acknowledgments
Introduction
I. Recognizing Diversity: The Ongoing Challenge
II. Recognizing Diversity in Intellectual Property
III. Introducing the Book: Diverse Perspectives in Intellectual Property
IV. Issues Addressed in the Book: Identities, Interests, and Intersections in Intellectual Property
V. The Coffee Catalyst: The Us, the Editors.
Part I Recognizing and Supporting Diversity in Intellectual Property Norm Setting
1 Interpreting International Intellectual Property Agreements and Supporting Diversity Goals
I. Introduction
II. The Rules of International Treaty Interpretation
III. Cultural Identity and Diversity and Intellectual Property
A. Geographical Indications and Traditional Knowledge
B. Copyright
IV. The Rules of Interpretation and Diversity
V. Conclusion
2 The Miracle at Marrakesh
I. Introduction
II. The Book Famine
III. The Road to Marrakesh.
IV. A Summary of the Proposals and WIPO's Evolving Agenda
A. The WBU Proposal
B. The African Group Proposal
C. The U.S. Draft Consensus Instrument
D. The EU Joint Recommendation
E. WIPO's Evolving Agenda and Platforms
V. The Marrakesh Treaty
A. The Four Substantive Obligations
B. Major Hurdles: The Berne Gap and the Three-Step Test
VI. Ramifications for International IPR Regimes
VII. Conclusion
3 Deviant Globalization and the Rise of Diverse Interests in the Multilateral Protection of Intellectual Property
I. Introduction.
II. "Deviant Globalization" and the New Economic Interests of the "Informal" Economy
III. Recognizing the Interests of the Participants in the Informal Economy
A. Fair Compensation Fuels the Market
B. Consumers Matter
C. Innovative Business Models Deserve Adequate Breathing Space to Flourish
D. Markets Necessarily Require Regulation
IV. Conclusion
4 Promoting Diversity in Pharmaceutical Innovation and Access
I. Introduction
II. Section 3(d) of the Indian Patents Act and the Supreme Court's Decision in Novartis
A. The Anatomy of Section 3(d).
B. Section 3(d) and the Supreme Court's Decision in Novartis
III. Compulsory Licensing and the Bayer-Natco Dispute
A. The Bayer-Natco Compulsory Licensing on the Ground of Insufficient "Working"
IV. Promoting Diversity: What Principles Emerge from India's Patent Law and Policy?
A. Principle I: Evergreening of Patents is Not "Invention"
B. Principle II: Use of Liability Rules for Inducing "Working" is Justifiable
V. Discrimination or Differentiation: From Rule-Based to Principle-Based Approaches
A. Rule-Based v. Principle-Based Deference in Examining TRIPS Consistency.
B. Evergreening and Principle-Based Differentiation.
Available in Other Form
Print version: Calboli, Irene Diversity in Intellectual Property : Identities, Interests, and Intersections New York : Cambridge University Press,c2015
Published
New York : Cambridge University Press, 2015.
Language
English
Record Appears in