This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.
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Leading scholars address the interface between intellectual property and diversity with respect to culture, religion, race, and gender.
Notes on Editors and Contributors |
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ix | |
Foreword: Diversifying Intellectual Property |
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xvii | |
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Acknowledgments |
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xxi | |
Introduction: Recognizing Diversity in Intellectual Property |
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1 | (16) |
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Part I Recognizing and Supporting Diversity in Intellectual Property Norm Setting |
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1 Interpreting International Intellectual Property Agreements and Supporting Diversity Goals |
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17 | (18) |
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2 The Miracle at Marrakesh: Doing Justice for the Blind and Visually Impaired While Changing the Culture of Norm Setting at WIPO |
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35 | (23) |
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3 Deviant Globalization and the Rise of Diverse Interests in the Multilateral Protection of Intellectual Property |
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58 | (18) |
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4 Promoting Diversity in Pharmaceutical Innovation and Access: India's Experience in the Post-TRIPS World |
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76 | (29) |
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Part II The Influence of Morality, Race, and Ethnicity-Related Interests on Intellectual Property |
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5 Registering Offense: The Prohibition of Slurs as Trademarks |
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105 | (25) |
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6 Racist Trademarks and the Persistence of Commodity Racism in Europe and the United States |
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130 | (19) |
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7 Patents and Morality in Europe |
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149 | (20) |
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8 Genetic Identity and Personalized Medicine Patenting: An Update on Myriad's Patents Related to Ashkenazim Jewish Ancestry |
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169 | (24) |
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Part III Framing Intellectual Property through the Lenses of Religions and Philosophies |
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9 Shabbat: A Diverse Perspective on Human Creativity |
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193 | (18) |
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10 "Grant Me Justice against My Adversary": What Parables Can Teach Us about Organic Seed Growers & Trade Assoc. v. Monsanto Co. |
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211 | (21) |
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11 Intellectual Property in the Ancient Indian Texts |
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232 | (15) |
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12 Intellectual Property and Confucianism |
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247 | (26) |
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Part IV Gender-Related Interests and Challenges: Feminist Theories and Intellectual Property |
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13 Feminist Aesthetics and Copyright Law: Genius, Value, and Gendered Visions of the Creative Self |
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273 | (21) |
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14 The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity |
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294 | (21) |
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15 Slash/ing Gender and Intellectual Property: A View from Fan Fiction |
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315 | (24) |
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16 Copyright Law and the Commoditization of Sex |
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339 | (28) |
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Part V Diversity, Creative Industries, and Intellectual Property |
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17 Nollywood and African Cinema: Cultural Diversity and the Global Entertainment Industry |
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367 | (17) |
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18 Looks Familiar: Fashion, Design and Diverse Identities in the Digital |
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384 | (19) |
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19 The Transformative Potential of Counter cultural Recoding in Copyright Law: A Study of Superheroes and Fair Use |
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403 | (23) |
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20 The Diversity of Interests in the Trademark Protection of Luxury Brands |
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426 | (27) |
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Part VI The Ongoing Debate on Intellectual Property and (Traditional) Cultural Diversity |
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21 Epistemic Communities and the "People without History": The Contribution of Intellectual Property Law to the "Safeguarding" of Intangible Cultural Heritage |
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453 | (19) |
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22 A Diet Too Far? Intangible Cultural Heritage, Cultural Diversity, and Culinary Practices |
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472 | (22) |
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23 Legal Protection for Indonesian Traditional Arts in Transition |
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494 | (31) |
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Index |
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525 | |
Irene Calboli is Professor of Law at Marquette University Law School and a Visiting Professor at the Faculty of Law at the National University of Singapore. Her scholarship has appeared in leading journals in Europe, the United States, and Asia, including the International Review of Intellectual Property and Competition Law, the European Intellectual Property Review, the Illinois Law Review, the Florida Law Review, and the American University Law Review, among others. Her recent edited books include Trademark Protection and Territoriality Challenges in a Global Economy (2014, with E. Lee), and The Law and Practice of Trademark Transactions (2015, with J. de Werra). Srividhya Ragavan is Professor of Law at the University of Oklahoma, College of Law. Ragavan's scholarship focuses on the interplay between international trade law and intellectual property issues with a developmental perspective. Her scholarship has been published in leading journals in the United States, Europe, and Asia, including the Arizona State Law Review, the Duke Journal of Law and Technology, and the International Review of Intellectual Property and Competition Law. Her publications explore such diverse topics as trade, traditional knowledge, pharmaceutical patenting, and agricultural subsidies. Ragavan is the author, recently, of Patent and Trade Disparities in Developing Countries (2012).