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Is Intellectual Property Pluralism Functional?
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
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Critical Acclaim
Contributors
Contents
More Information
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand.
Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors’ insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand.
Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors’ insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
Critical Acclaim
‘The question addressed in this book – whether taking a pluralist approach in intellectual property is “functional“ in the sense that it yields better results than full and binding harmonisation – touches on one of the most central issues that policymakers, and also scholars, around the world face. As the book impressively demonstrates, the answers are as many as the issues addressed in the chapters, and as individual as the authors, who, as members of ATRIP, represent the intellectual richness and diversity of the global community of intellectual property scholars. However, as, Susy Frankel writes in her introduction, pluralism may remain the preferred choice where that is motivated by economic and cultural diversities, and also where room is needed to “experiment” with new solutions. In any case, the many viewpoints presented in this book provide valuable insights into the dynamic, continuous interaction between international norms and national solutions, and their common evolvement.’
Annette Kur, Max Planck Institute, Munich; ATRIP president 2007–2009
Annette Kur, Max Planck Institute, Munich; ATRIP president 2007–2009
Contributors
Contributors: T. Aplin, L. Ayoubi, M. Balicki, L. Bently, L. Brancusi, S. Corbett, J. Davis, S. Frankel, S. Isiko Štrba, E. Laskowska-Litak, N. Lee, Y. Li, G. Mania, P. Nath Upreti, A. Nordberg, L. Sánchez García, R. Sikorski, A. Slade, K. Sztobryn, C. Wiputhanupong, E. Wright
Contents
Contents:
Introduction : Susy Frankel
Part I: Global Standards and their Interaction with National Norms
1. Whatever Became of Global, Mandatory, Fair Use?: A Case Study in Dysfunctional Pluralism
Lionel Bently and Tanya Aplin
2. Intellectual Property Pluralism in African Development Agendas: Food Security, Plant Variety Protection and the role of the WIPO
Susan Isiko Štrba
3. National Courts and their Role in the Development of International Intellectual Property Law and Policy – With Reflections on India
Alison Slade
4. Legal method and lnterpretation in International IP law: Pluralism or Systemic Coherence
Ana Nordberg
Part II: Pluralism within a Framework of International Norms: comparative prespectives and national policy drivers
5. The Role of Confusion in Unfair Competition Law: A Comparative Perspective
Jennifer Davis
6. Re-conceptualising the Country Code Top Level Domain Name as a Sui Generis Intellectual Property Right
Susan Corbett
7. Alternative Products as a Factor in Determining the Functionality of Trade Marks – How the Criteria from the US Functionality Doctrine could be Applied in EU law?
Lavinia Brancusi
8. Protecting Traditional Knowledge in Australia: What Can we Learn from India and Peru?
Evana Wright
9. Geographical Indications in Nepal: In Search of Identity
Pratyush Nath Upreti
Part III: The Pluralsitic Functions of Copyright
10. Copyright as a Service – a Perspective on the Axiological Nature of the Copyright System
Ewa Laskowska- Litak and Grzegorz Mania
11. Copyrightability of Remixes and Creation of a Remix Right
Yahong Li
12. Copyright Pluralism and Human Rights of Visually Impaired Persons
Lida Ayoubi
13. A More Pluralistic Approach to Copyright Protection after the Marrakesh Treaty
Karolina Sztobryn
14. ‘Copyright is an Engine of Free Expression’ or ‘Free Expression is an Engine of Copyright’?
Chongnang Wiputhanupong
Part IV- Rigidity and Flexibility of Patent Law
15. Permanent Injunctions in Patent Law – In Search of Flexibility
Rafal Sikorski
16. Utility model protection in Europe – an alternative for a patent or an anachronism?
Marcin Balicki
17. University Inventions in Europe: A Special Focus On The Model Of Institutional Ownership
Luz Sánchez García
18. Making of Patent Law at the Digital Frontier – Patents at the age of 3D printing
Nari Lee
Index
Introduction : Susy Frankel
Part I: Global Standards and their Interaction with National Norms
1. Whatever Became of Global, Mandatory, Fair Use?: A Case Study in Dysfunctional Pluralism
Lionel Bently and Tanya Aplin
2. Intellectual Property Pluralism in African Development Agendas: Food Security, Plant Variety Protection and the role of the WIPO
Susan Isiko Štrba
3. National Courts and their Role in the Development of International Intellectual Property Law and Policy – With Reflections on India
Alison Slade
4. Legal method and lnterpretation in International IP law: Pluralism or Systemic Coherence
Ana Nordberg
Part II: Pluralism within a Framework of International Norms: comparative prespectives and national policy drivers
5. The Role of Confusion in Unfair Competition Law: A Comparative Perspective
Jennifer Davis
6. Re-conceptualising the Country Code Top Level Domain Name as a Sui Generis Intellectual Property Right
Susan Corbett
7. Alternative Products as a Factor in Determining the Functionality of Trade Marks – How the Criteria from the US Functionality Doctrine could be Applied in EU law?
Lavinia Brancusi
8. Protecting Traditional Knowledge in Australia: What Can we Learn from India and Peru?
Evana Wright
9. Geographical Indications in Nepal: In Search of Identity
Pratyush Nath Upreti
Part III: The Pluralsitic Functions of Copyright
10. Copyright as a Service – a Perspective on the Axiological Nature of the Copyright System
Ewa Laskowska- Litak and Grzegorz Mania
11. Copyrightability of Remixes and Creation of a Remix Right
Yahong Li
12. Copyright Pluralism and Human Rights of Visually Impaired Persons
Lida Ayoubi
13. A More Pluralistic Approach to Copyright Protection after the Marrakesh Treaty
Karolina Sztobryn
14. ‘Copyright is an Engine of Free Expression’ or ‘Free Expression is an Engine of Copyright’?
Chongnang Wiputhanupong
Part IV- Rigidity and Flexibility of Patent Law
15. Permanent Injunctions in Patent Law – In Search of Flexibility
Rafal Sikorski
16. Utility model protection in Europe – an alternative for a patent or an anachronism?
Marcin Balicki
17. University Inventions in Europe: A Special Focus On The Model Of Institutional Ownership
Luz Sánchez García
18. Making of Patent Law at the Digital Frontier – Patents at the age of 3D printing
Nari Lee
Index
