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Article: Rethinking IP law and jurisdiction

Article and review of two new titles in the Global Legal Post that looks at the new world of IP, the law, technology and jurisdictions.


Her’s the introduction to the piece

In this month’s Bookshelf, The Global Legal Post’s Editor-At-Large, Dr David Cowan, picks two books analysing Intellectual Property Law.

Two new Intellectual Property law books from Edward Elgar offer new ways of thinking around the foundations of IP broadly, and offering more specifically the jurisdictional strategies available in Europe. Professor Ghidini’s book helps us to rethink more inclusively IP in our competitive economy, while Professor Larsen builds a step-by-step guide.

Rethinking Intellectual Property: Balancing Conflicts of Interest in the Constitutional Paradigm

By Gustavo Ghidini, Professor, University of Milan and University LUISS Guido Carli, Rome, Italy

Published by Edward Elgar, 2018

In capitalism, intellectual property rights have gone hand in hand with the market economy, rooted in the freedoms of economic enterprise and competition, and, freedom of expression. Striking a balance between creators and users is paramount. Professor Gustavo Ghidini has undertaken a rethinking of Intellectual Property with a reflective conceptualisation of the modern principles of the law at both a national and an international level. He starts from Intellectual property law as a discipline built on constitutional foundations, underpinned by these twin freedoms of freedom of expression and enterprise. Freedom of economic enterprise involves innovation and creativity, and widens consumer choice and thereby, albeit indirectly, promotes welfare. The flip side is the fundamental freedom of expression and control of one’s own ideas and creations.

Reshaping IP law
In this thoughtful evaluation of such dynamics, Professor Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, namely patents, copyright, and trademarks…

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