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

Edward Elgar, Cheltenham, 2018. 432 pp. £ 100.00. ISBN: 978 1 78347 800 2
  • Martin SenftlebenEmail author
Book Review

Gustavo Ghidini’s fascinating book Rethinking Intellectual PropertyBalancing Conflicts of Interest in the Constitutional Paradigmappeared in Edward Elgar’s Rethinking Law Series. According to the information provided on the preliminary pages, this book series is intended to “showcase authored books that address their field from a new angle, expose the weaknesses of existing frameworks, or ‘re-frame’ the topic in some way.” Gustavo Ghidini has taken this task seriously. His starting point is the observation that intellectual property norms have evolved in an expansionist and protectionist climate in past decades – a climate that shifted the centre of intellectual property law “further towards the pole of exclusion/monopoly rather than that of access/freedom” (p. 27). Instead of simply criticizing this protectionist trend and warning of corrosive effects of overprotection, he then embarks on the development of an overarching framework for the appropriate recalibration of the...


Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2019

Authors and Affiliations

  1. 1.Ph.D.; Professor of Intellectual Property, Centre for Law and InternetVrije Universiteit AmsterdamAmsterdamThe Netherlands

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