Towards Unified Protection of Users with Disabilities in EU IP Law?

Karolina Sztobryn

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Chapter 9 Towards Unified Protection of Users with Disabilities in EU IP Law?

于Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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Karolina Sztobryn

Karolina Sztobryn
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类型:: 章节

Page Range:: 220–234

DOI:: https://doi.org/10.1163/9789004686212_011

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The aim of this chapter is to ascertain whether intellectual property law provisions and case law concerning protection of works and trademarks consider the disability perspective at the stage of development and application of intellectual property law in the EU. Goods protected by intellectual property rights are clearly sensual in nature, as they are perceived through the senses of sight, hearing or touch. Therefore, although presented in a variety of forms, they often cannot be perceived by users and recipients with sensory impairments, like people with visual or hearing disabilities. This chapter argues that limitations on access to intangible goods by people with disabilities does not derive from the characteristics of these goods, but from copyright and trademark law. The limitations are justified by the legislator on the basis of the protection of the rightsholders with regard to copyright law, and the public interest with regard to trademark law. The analysis showed that even if intellectual property law and jurisprudence do not have a direct discriminatory intent, disregarding the status of persons with disabilities results in indirect discrimination in access to intangible goods. Therefore, there is a need for action in specific legal areas like trademark and copyright law, so as not to discriminate against any type of disability.

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

ISBN:: 9789004686212

出版社:: Brill | Nijhoff

印刷出版日期:: 22 Apr 2024

Subjects
- History
  - Legal History
- International Law
  - Intellectual Property Law

Front Matter

Part 1 Pursuit of Harmonization

Part 2 Divergences in Harmonization

Part 3 Innovation for or against Harmonization?

Part 4 The Challenges of Technological Advancements to IP Doctrine – Any Space for Harmonization Yet?

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African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

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Chapter 9 Towards Unified Protection of Users with Disabilities in EU IP Law?

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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