The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis


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Archived from the original on 3 July Retrieved 22 December A trade mark is a sign which can distinguish your goods and services from those of your competitors you may refer to your trade mark as your "brand". Deutsches Patent- und Markenamt. Archived from the original on 29 November Retrieved 28 March Intellectual Property in the New Technological Age 4th rev.

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  • INTRODUCTION.
  • Intellectual property rights: An overview and implications in pharmaceutical industry.
  • Vietnam’s Reforms and Economic Growth.
  • Intellectual property rights: An overview and implications in pharmaceutical industry.

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Archived from the original on 4 June Defective by Design. Globalization and Health. Balancing the need to protect the intellectual property rights IPRs which the third author considers are more accurately described as intellectual monopoly privileges IMPs of pharmaceutical companies, with the need to ensure access to essential medicines in developing countries is one of the most pressing challenges facing international policy makers today.

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Yu's Intellectual Property and Information Wealth: Issues and Practices in the Digital Age , a bevy of experts seeks to explain the basics of intellectual property for you and me.

Intellectual property rights: An overview and implications in pharmaceutical industry

This is important reading on questions that are likely to get thornier. He has organized the material in accordance with the three main branches of intellectual property law copyrights, patents, and trademarks and added a final volume covering the increasingly important international developments.

The four volumes that make up the set are quite detailed and are not aimed at the casual reader. Each volume addresses specific aspects related to and affected by intellectual property. The volumes are divided according to the three main branches of intellectual property law, and the fourth volume places it in a global context. The broader approach in Volume 4 will most probably appeal to a wider audience, although it is definitely worth exploring the other volumes, even if one is not well-versed in intellectual property laws and policies.

The discussions are clear and take the lay reader into consideration, especially by including overviews and more in-depth discussions of the latest developments in the field. To quote Yu, these volumes together form 'a comprehensive mini-library on intellectual property'. Each volume can also be read on its own.

Libraries Unlimited. Need Help? Try our Search Tips. As a final point, if lawmakers on the basis of all evidence considered nevertheless come to decide that doctrinal principles must prevail over economic evidence, then they must be fully transparent about such a decision and the reasons behind it, in order to ensure democratic accountability and to secure the social legitimacy of copyright law. In order to create an environment that allows for evidence-based reform, while keeping up with some of the guiding doctrinal underpinnings of copyright law, it is essential that lawmakers adopt a sufficiently open approach that allows them to be receptive of both economic and doctrinal evidence.

This requires a change of mentality on the part of the legislator. For one thing, they must abandon certain doctrinal assumptions that guided copyright lawmaking previously, but find no support in empirical evidence, such as the idea that copyright requires a high level of protection. Moreover, the international copyright norms should not be treated as incontestable sacred rights, but subjected to change however difficult that is if new circumstances so dictate.

At the same time, it must be acknowledged that, in copyright lawmaking, pure economic reasoning may not always be agreeable either, especially where legitimate fairness claims are in question. Transformations in lawmaking practice, as the ones described here, require a stepwise and gradual approach. They do not happen overnight.

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In the end, any modernisation of copyright must begin with a clear vision on where the law should be heading, including specific objectives to be achieved. These can vary from short to mid-term objectives for national legislators, to long-term objectives for international policymakers.

To keep in line with evidence-based policy, it would be desirable if these objectives were inspired by empirical facts and reflected a balanced approach between creators, rightholders, users, and the public at large, without ex ante privileging one particular position over another. I thank the participants of that conference for their remarks and suggestions, which helped me to improve the paper. Any errors are my own.

See also I. See also E. Gold, J. Ottawa L. See e. See T. Weatherall eds , What if we could reimagine copyright? ANU Press, , pp. However, because recitals 9 and 11 put the objectives of creating a high level of protection and a rigorous, effective copyright system first, they provide an imbalance to begin with, as they suggest that ultimately the rights and interests of authors and rightholders must prevail. Records of the intellectual property conference of Stockholm June 11 to July 14, , vol.

Grosheide, Auteursrecht op maat: beschouwingen over de grondslagen van het auteursrecht in een rechtspolitieke context Deventer: Kluwer , pp. Here, an economist should rest his case [ See also O. Guibault, O. Helberger, N.


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Any party may pass on this Work by electronic means and make it available for download under the terms and conditions of the Digital Peer Publishing License. Skip to content. Skip to navigation. Document Actions. Stef van Gompel Abstract Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations.

The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis

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