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\def\WIPO{World Intellectual Property Organisation}
\)
Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights.
2023
Details
Title
Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights.
Item Type
Journal article
Description
1 online resource (pages 1125–1131)
Summary
The environmentally harmful yet common practice of storing and destroying IP-infringing goods is untenable. This contribution discusses a number of more sustainable alternative remedies that can be considered with the aim of creating a balance between the interests of rights holders in ending infringements and the societal interest in environmental protection, which lies in preventing the wasting of scarce raw materials and pollution of the air and soil. A sustainable IP enforcement practice is very much dependent on the willingness of rights holders and their attorneys to consider more sustainable alternatives. Courts also have a part to play, by applying what is called a sustainability test when examining the proportionality of the remedies and measures claimed by rights holders.
Source of Description
Crossref
Series
GRUR International, 2632-8550 ; 72, 12, 2023.
Linked Resources
Published
[Oxford, England] : Oxford University Press (OUP), 2023
Language
English
Copyright Information
https://academic.oup.com/grurint/article/72/3/231/6998505
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