Research Handbook on Intellectual Property Rights and Inclusivity (Research Handbooks in Intellectual Property series)

This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property. The Research Handbook on Intellectual Property Rights and Inclusivity brings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access. Contributors offer invaluable insight on the use of contracts as potential tools for inclusivity, and how enforcement can impact the well-being of diverse businesses, ranging from pharmaceutical ventures to insurance. Ultimately, this timely Research Handbook expresses how intellectual property rights impede on inclusivity to a significant degree. This Research Handbook will be imperative for academics and students focusing on commercial inclusivity, discrimination law and the legal dimensions of intellectual property. Due to its detailed analysis of methodology, it will also be a significant resource for researchers in these areas. Front Matter Copyright Contents Contributors Foreword Introduction: Intellectual Property Rights and Inclusivity Part I The context of the connection between inclusivity and intellectual property 1. Re-thinking intellectual property law’s promise of democratic inclusion 2. The legal treatment of nationality in the international intellectual property legal framework 3. Intellectual property, development, and inclusiveness: A postcolonial critique Part II Do IPRs favor inclusivity of communities, minorities and individuals? 4. (Dis)favouring disparagement: How the Derogatory Clause in trademark law affects the inclusivity of communities and minorities under US law 5. The use of IPRs in religious communities 6. Potential biases in gender and gender orientation in the granting of US trademark registrations 7. Does copyright ease inclusivity of differently able individuals? 8. Do intellectual property rights affect sports activities? 9. Role of intellectual property rights in an inclusive smart city 10. Hostile design protection: Could design law help promote inclusivity in European cities? 11. Towards a more inclusive public domain 12. Copyright as anti-discrimination Part III Do IPRs favor inclusivity of micro, SMEs and big business? 13. TCEs, IPRs protection and business inclusivity: The Sardinian example 14. Access to drugs, patents, and pandemic crisis: A tale of (non-)inclusivity 15. Patenting plants, plant variety protection and inclusion of plant breeders: Is it achievable? 16. The employee’s right to learn 17. Platforms and copyright in creative industries: A tool for inclusivity? 18. Pluralism, freedom to conduct a business and the current charging schemes for re-using cultural heritage 19. PCT and inclusive utility model reform for open innovation 20. From exclusivity to inclusion in the field of standard essential patents: How to make an inclusive entitlement inclusive 21. Compulsory licensing of intellectual property 22. Smart contracts, IPRs, inclusivity 23. From public to private enforcement: Inclusivity and copyright law 24. Insurance policies on IPRs: How contractual tools can ease inclusivity Index