Rethinking Intellectual Property: Balancing Conflicts of Interest in the Constitutional Paradigm (Rethinking Law series) - Hardcover

Ghidini, Gustavo

Hardcover

ISBN 10: 1783478004 ISBN 13: 9781783478002

Publisher: Edward Elgar Publishing Ltd, 2018

Synopsis

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law.

This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

About this title

About the Author

Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University, Rome, Italy

Edition details

• Publisher: Edward Elgar Publishing Ltd
• Publication date: 2018
• Language: English
• ISBN 10: 1783478004
• ISBN 13: 9781783478002
• Binding: Hardcover
• Number of pages: 432