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2006

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Does The Public Understand Intellectual Property Law? Do Lawyers?, David Vaver Jan 2006

Does The Public Understand Intellectual Property Law? Do Lawyers?, David Vaver

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I was given a speaker's dream brief: to talk about whatever I wanted so long as it had something to do with the theme of the conference - intellectual property ("IP"). A few suggestions were made in a nice, non-authoritarian way. These could, of course, have been treated the way IP lawyers usually proceed, i.e., by entirely ignoring them. That is called purposive construction, and Canadian and British courts do it all the time. So a British court has read a patent claim to say that "vertical" can also mean "leaning", a decision that comforted builders everywhere. Not to be …


Popping Patented Pills: Europe And A Decade's Dose Of Trips, David Vaver, Shamnad Basheer Jan 2006

Popping Patented Pills: Europe And A Decade's Dose Of Trips, David Vaver, Shamnad Basheer

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This paper considers some features of Europe's approach to medicine, public health and patents as it has developed during the decade since TRIPs came into force. It then reviews what rights users have in relation to such patents and what duties right holders may owe users. The following issues are discussed: 1. How patents on medicines are viewed in Europe, 2. How TRIPs has affected European law, 3. How bilateral agreements since TRIPs have affected Europe, 4. How user rights should be viewed under TRIPs, 5. Whether patents in the public health field are a special case.


Publishers And Copyright: Rights Without Duties?, David Vaver Jan 2006

Publishers And Copyright: Rights Without Duties?, David Vaver

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What does the public want of publishers? As book buyers, they want ready access to cheap and varied books in their language of choice. They don't want to be told a book is out of stock or in some language they can't read, and that they have to trudge round to some public library or antiquarian bookstore, or do their own surreptitious translation. As writers and users, they want fair access to the world's literature to have and to hold, to enjoy, to make fun of if they want, to build on it, and also to benefit and let others …


Viewing International Legal Fragmentation From A Third World Plane, Obiora Chinedu Okafor Jan 2006

Viewing International Legal Fragmentation From A Third World Plane, Obiora Chinedu Okafor

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No abstract provided.