scholarly journals Is Innovation a sound justification for Medical Patents?

2021 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Dara Tuncel
Keyword(s):  
Ip Law

This essay will interrogate the legality of medical patents, arguing that one ought to reject the traditional utilitarian framework often used to justify IP law. Instead, this essay will turn to a more deontological justification for IP rights in UK law.

Error Costs & IP Law

2013 ◽  
Author(s):  
Joseph Scott Miller
Keyword(s):  
Ip Law ◽  
Error Costs

The Legal Consequences of Brexit Through the Lens of IP Law

2017 ◽  
Author(s):  
Richard Arnold ◽  
Lionel A. F. Bently ◽  
Estelle Derclaye ◽  
Graeme B. Dinwoodie
Keyword(s):  
Ip Law ◽  
Legal Consequences

Signed, Sealed, but not Delivered: The EU and the Ratification of the Marrakesh Treaty

2015 ◽  
Vol 6 (4) ◽  
pp. 629-632
Author(s):  
Ana Ramalho
Keyword(s):  
Intellectual Property ◽  
Technical Progress ◽  
Health And Safety ◽  
Risk Regulation ◽  
Inside View ◽  
Laws And Policies ◽  
Ip Law ◽  
Crossing Point ◽  
Marrakesh Treaty ◽  
The Eu

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

Traditional Knowledge, Indigenous Peoples, and Local Communities

2017 ◽  
Author(s):  
Susy Frankel
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Minimum Level ◽  
Short Term ◽  
Practical Matter ◽  
Ip Law ◽  
Level Of Agreement

This chapter situates the claims for protection of traditional knowledge in the international intellectual property (IP) context. Drawing on examples, it discusses the meaning of “traditional knowledge” and how the goals and means of protecting that knowledge do not fit within the framework of IP law. In order to address the overlap with IP and provide protection against misuse of traditional knowledge, a number of international bodies have been involved in negotiations and treaty drafting. The chapter discusses those developments, and concludes that even though international resolution looks unlikely in the short-term, the protection of traditional knowledge will continue to feature in international IP debates until a minimum level of agreement at least reached. In order to attain such agreement, there needs to be relevant national laws and, as a practical matter, sufficient investment in the innovation of traditional knowledge in order to deliver the value of protection to its holders.

Conclusion

2017 ◽  
Author(s):  
Christopher Jon Sprigman
Keyword(s):  
Intellectual Property ◽  
Fashion Industry ◽  
Effective Policy ◽  
Negative Space ◽  
Ip Law

Chris Sprigman concludes with a discussion of IP’s “negative space.” Each of the studies in this book explores creative communities and industries that could theoretically be governed by IP law, but instead exist in a space outside of it. Together, this body of scholarship challenges the canonical justification that IP incentives are central to innovation and creativity. Drawing on his previous work on the fashion industry and stand-up comedians, Sprigman argues that the type of creation incentivized by IP is inherently limited. A lesson he distills from our growing but still incomplete understanding of creativity without law is a need to shift our focus from a preoccupation with intellectual property to a more inclusive inquiry into innovation and its many drivers, broadening our horizon and the tools at our disposal to create effective policy.

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