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Estelle Derclaye

Intellectual Property

Articles 1 - 12 of 12

Full-Text Articles in Law

What Can Intellectual Property Law Learn From Happiness Research?, Estelle Derclaye Jan 2013

What Can Intellectual Property Law Learn From Happiness Research?, Estelle Derclaye

Estelle Derclaye

As the description of the 2012 ATRIP congress’s theme highlights, traditionally, scholars have used historical, doctrinal or comparative analyses, law and economics, political economy or philosophy, to discuss intellectual property law. Other methods such as empirical analysis, international relations, and human development are more recent. This paper looks at intellectual property law in a new way namely through the angle of happiness or well-being research. The field of happiness research is not that recent but strangely, so far, happiness researchers have hardly discussed the relationship between well-being and technology despite the pervasive role of the latter in contemporary society. Likewise, …


Eudemonic Intellectual Property:Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye Apr 2012

Eudemonic Intellectual Property:Patents And Related Rights As Engines Of Happiness, Peace, And Sustainability, Estelle Derclaye

Estelle Derclaye

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After having shown that the predominant justification for intellectual property rights is theincentive theory, which rests on the idea of progress, this Article traces back the history of the idea and shows its parochialism in both time and space. The Article next shows that the progress ideology rests on assumptions that are either wrong or impossible to prove and therefore propounds that it must be abandoned, or if not, …


The Role Of Copyright In The Protection Of The Environment And The Fight Against Climate Change: Is The Current Copyright System Adequate?, Estelle Derclaye Jan 2012

The Role Of Copyright In The Protection Of The Environment And The Fight Against Climate Change: Is The Current Copyright System Adequate?, Estelle Derclaye

Estelle Derclaye

At first sight, it may not seem like copyright plays a role in the fight against climate change and more generally the protection of the environment. But in many ways, it does, and it does so with, maybe surprisingly, quite some importance. Indeed, copyright works can be extremely varied. In the environmental field, they can range from eco-friendly architectural plans and buildings, literature (e.g. scientific articles, newspaper or magazine articles, instruction manuals detailing processes that accomplish environmental benefits), charts, diagrams, maps, photographs, even films, about the weather, climate, the size of glaciers, etc., to software and databases used for forecast …


Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown Oct 2010

Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown

Estelle Derclaye

No abstract provided.


Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye Jan 2008

Of Maps, Crown Copyright, Research And The Environment, Estelle Derclaye

Estelle Derclaye

No abstract provided.


Intellectual Property Rights And Global Warming, Estelle Derclaye Jan 2008

Intellectual Property Rights And Global Warming, Estelle Derclaye

Estelle Derclaye

No abstract provided.


Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye Jan 2007

Can And Should Misappropriation Also Protect Databases? A Comparative Approach, Estelle Derclaye

Estelle Derclaye

No abstract provided.


An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye Jan 2005

An Economic Analysis Of The Contractual Protection Of Databases, Estelle Derclaye

Estelle Derclaye

No abstract provided.


What Is The Database Sui Generis Right?, Estelle Derclaye Dec 2004

What Is The Database Sui Generis Right?, Estelle Derclaye

Estelle Derclaye

No abstract provided.


The Ims Health Decision: A Triple Victory, Estelle Derclaye Jan 2004

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.


The Ims Health Decision: A Triple Victory, Estelle Derclaye Jan 2004

The Ims Health Decision: A Triple Victory, Estelle Derclaye

Estelle Derclaye

No abstract provided.


Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye Jan 2003

Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye

Estelle Derclaye

No abstract provided.