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Articles 1 - 4 of 4
Full-Text Articles in Law
Access To Information And Knowledge, Lucie Guibault
Access To Information And Knowledge, Lucie Guibault
Articles, Book Chapters, & Popular Press
No abstract provided.
When Everyone Is An Orphan: Against Adopting A Us-Styled Orphan Drug Policy In Canada, Matthew Herder
When Everyone Is An Orphan: Against Adopting A Us-Styled Orphan Drug Policy In Canada, Matthew Herder
Articles, Book Chapters, & Popular Press
Putting aside whether diseases that affect only small numbers of people ("rare diseases") should be prioritized over diseases that are otherwise orphaned, in this paper I argue that a new approach to rare, orphan diseases is needed. The current model, first signaled by the United States’ Orphan Drug Act and subsequently emulated by several other jurisdictions, relies on a set of open-ended criteria and market-based incentives in order to define and encourage drug therapies for rare, orphan diseases. Given a) the biopharmaceutical industries’ growing interest in orphan diseases, b) progress in the sphere of personalized medicines enabling more and more …
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Articles, Book Chapters, & Popular Press
In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …
Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger
Digital Content Contracts For Consumers, Marco Loos, Chantal Mak, Lucie Guibault, Lodewijk Pessers, Natali Helberger
Articles, Book Chapters, & Popular Press
The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services”, and more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer …