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This chapter introduces the two types of rights in copyright : economic and moral rights. The chapter considers to what extent these rights are rights of property (the conceptual question).
This chapter continues the discussion of patentability. It discusses what kind of inventions plausibly ought to be owned on utilitarian grounds (the normative question).
This chapter introduces the remedies for IP infringement. It discusses whether the remedies available, particularly the final injunction, mean that IP rights are a form of property (the conceptual question).
The ICC launched in 2002 to judge cases against individuals accused of war crimes, crimes against humanity, and genocide. It is unique among international institutions in this book in that it imposes its obligations upon individual persons rather than governments. This chapter shows the powers and limits on the authority of the ICC to punish people for large-scale atrocities. The practical power of the ICC is shaped by both the difficulty of apprehending people and the active work of those who wish to remain insulated from accountability.
The ILO was created in a period of globalization in the early nineteenth century to help governments agree on health and safety protections for workers. These labor standards were renewed after World War II and today the ILO is the primary global agency at the interface where governments and labor meet on a global scale. This chapter looks at the authority of the ILO in both theory and practice. The theory is provided by the legal texts of the ILO’s conventions and agreements, and a case study on Myanmar’s long-running violations of the rules provides insight into some of the lived experience of the rules.
This chapter introduces the three foundational questions of IP: what are intellectual things (the metaphysical question)? Is intellectual property really property (the conceptual question)? And should intellectual things be property (the normative question)? It highlights the role of argument and reason in contemporary IP law.
This chapter introduces exceptions to copyright. The chapter continues to evaluate the extent to which copyright is a property right (the ’conceptual question’)
This chapter concludes the book by considering whether IP law is responsive to reason, or whether IP law is increasingly informed by other values, such as faith.
This chapter considers the scope of contemporary trade mark rights. In so doing, it discusses whether trade marks are a form of property right (the conceptual question).
This chapter considers the scope of contemporary patent rights. In so doing, it considers whether the patent right is a form of property right (the conceptual question).