Full Description
Upcycling is an emerging green business model that involves transforming broken, old, useless or worn-out products into new items. Despite its importance to the circular economy, upcycling involves certain risks relating to intellectual property (IP) law. This research handbook analyses the meaning and promise of upcycling in a circular economy, as well as the fundamental conceptual elements of this phenomenon. It provides a systematic collection of chapters on the potential relevance of upcycling in all major areas of IP law. It also takes a geographical approach, including six chapters that primarily cover the policy considerations of upcycling on all inhabited continents. Furthermore, it addresses fields of science with either indirect or loose connections to IP and upcycling, such as economic, psychological, and social justice issues. The book supports upcycling at doctrinal, practical, and policy levels, and suggests measures to align the IP system with the objectives of the circular economy.
Contents
Part I. Doctrine and Policy of Upcycling: 1. A primer to intellectual property law and upcycling Péter Mezei and Heidi Härkönen; 2. Is there a fundamental right to upcycling? An analytical approach Daniël Jongsma; Part II. Upcycling in Various Fields of IP Law: 3. Upcycling, sustainable creativity and sustainable lifespan: a model for assessing copyright infringements Taina Pihlajarinne; 4. Upcycling as a design strategy in light of European design protection Dana Beldiman, Stina Teilmann-Lock and Anna Tischner; 5. Trademark law and upcycling: tailoring 'Old-Fashioned' principles Bernardo Calabrese; 6. Upcycling and patents: finding the contours for social innovation and sustainability Neethu Rajam and Daniel Acquah; 7. Copyright misuse and upcycling John T. Cross; 8. Marketing of upcycled products from a perspective of European and German unfair competition law Jochen Glöckner and Sarah Legner; 9. Traditional knowledge and upcycling Pablo Fernández Carballo-Calero; 10. Craft geographical indications and the challenge of upcycling products Pilar Montero García-Noblejas; Part III. Territorial Policies: 11. The African policy approach to upcycling Daniel Acquah, Neethu Rajam and Ama Opuku Acquah; 12. Determining the case of fashion upcycling in Asia: infringement or exception to intellectual property Gunjan Chawla Arora and Tianxiang He; 13. Fashion Upcycling: the problem of overlapping intellectual property rights and how to solve it Martin Senftleben; 14. Upcycling and renewal Shubha Ghosh; 15. Upcycling down under: innovation, renovation and intellectual property rights in the Pacific region Jennifer Campion; 16. Can the current IP system foster upcycling in Latin America? Juan I. Correa and Nicolás Martín Hermida; Part IV. Zooming Out: A Broader Picture on Upcycling: 17. Just my reimagination, just your intellectual property Sabine Jacques; 18. A conceptual map of the right to repair: where upcycling fits in Anthony D. Rosborough; 19. Interpreting the destruction of goods as a corrective measure for patent infringement to foster sustainability Mikko Kaunisvaara, Rosa Ballardini and Emmanuel Salami; 20. Laying competition to waste: the economics of resale, recycling, and upcycling Joost Poort; 21. Behavioural science of upcycling Jarno Tuominen; 22. Empirical perspective: upcycling with branded material through the eyes of consumers Katarzyna Stasiuk, Anna Tischner, Stina Teilmann-Lock and Dana Beldiman.
