Hardback
The Object and Purpose of Intellectual Property
Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
More Information
Critical Acclaim
Contributors
Contents
More Information
Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale.
This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices.
The book is divided along four key themes: the relationship between IP law, development goals and cultural objectives; international and regional frameworks for design protection including packaging and trade marks; enforcement and innovation in the EU; and the object and purpose of copyright law. Within these themes, each chapter assesses the factors that are driving IP law in the respective field, such as protection, flexibility and trade-related concerns. Featuring contributions from a globally diverse range of authors, this book questions whether IP laws, and their application, are achieving their intended objectives and purpose on a national and international scale.
This book will be of interest to academics, researchers and students working in international intellectual property law. Practicing lawyers and policy makers can also benefit from its detailed analysis and case studies which explore international practices.
Critical Acclaim
‘The book boasts numerous strengths . . . the authors of the book, under the masterful baton of Susy Frankel, succeed in providing not only valuable contributions to the IP scholarship, but also an up-to-date, highly informative, methodologically sound and thought-provoking perspective on the goals of modern globalised IP laws.’
– Giulia Priora, European Intellectual Property Review
‘This book serves as an important contributor to debates concerned with how to calibrate national and international IP regimes to suit pertinent objectives. Scholars, lawmakers, and policy-makers in the IP space will find the book accessible and relevant.’
– Chijioke Okorie, The South African Law Journal
‘Understanding the objects and purposes of intellectual property laws is important for any number of different reasons. The objects and purposes serve to justify the intrusion that intellectual property law makes into the untrammeled operation of the market. As such, they help frame policy debates about the enactment and calibration of IP rights as well as inform the critique of existing law. But the objects and purposes are also used by national or regional courts such as the Court of Justice of the European Union deploying teleological or purposive approaches to interpretation. And at the international level, objects and purpose are a core feature of the Vienna Convention on the Law of Treaties, as the editor has explored extensively in her own work. This book offers an illuminating glimpse into a variety of these important roles, using examples drawn from across the entire range of intellectual property and from across the globe. As a whole, the book thus presents important critical analysis of why and how we protect intellectual property.’
– Graeme B. Dinwoodie, Chicago-Kent College of Law, US and ATRIP President 2011–2013
– Giulia Priora, European Intellectual Property Review
‘This book serves as an important contributor to debates concerned with how to calibrate national and international IP regimes to suit pertinent objectives. Scholars, lawmakers, and policy-makers in the IP space will find the book accessible and relevant.’
– Chijioke Okorie, The South African Law Journal
‘Understanding the objects and purposes of intellectual property laws is important for any number of different reasons. The objects and purposes serve to justify the intrusion that intellectual property law makes into the untrammeled operation of the market. As such, they help frame policy debates about the enactment and calibration of IP rights as well as inform the critique of existing law. But the objects and purposes are also used by national or regional courts such as the Court of Justice of the European Union deploying teleological or purposive approaches to interpretation. And at the international level, objects and purpose are a core feature of the Vienna Convention on the Law of Treaties, as the editor has explored extensively in her own work. This book offers an illuminating glimpse into a variety of these important roles, using examples drawn from across the entire range of intellectual property and from across the globe. As a whole, the book thus presents important critical analysis of why and how we protect intellectual property.’
– Graeme B. Dinwoodie, Chicago-Kent College of Law, US and ATRIP President 2011–2013
Contributors
Contributors: C. Ann, M.A. Bagley, M.L. Bixio, M.S. Cadogan, S. Frankel, J. Klien, J.C. Lai, V. Moscon, A. Nordburg, E. Nwauche, Z. Pacud, M. Richardson, J. Thomas, A. Tischner, K. Wallberg, G. Wilkinson, C. Wiputhanupong, H. Yu
Contents
Contents:
Introduction
Susy Frankel
Part I: Cultural Objectives and Development Goals
1. From ‘Oomoo’ to ‘Oro’: Nostalgia Labels and Cultural Policy on the Australian Trade Marks Register
Megan Richardson, Julian Thomas and Jill Klein
2. A Successful Recalibration of Patent Law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum Scoparium)
Jessica C. Lai
3. A TWAIL-Constructivist critique of the IP and Development Divide in the Age of Innovation - Has the Protection of Place-based goods changed the narrative for the Caribbean?
Marsha S. Cadogan
4. New Frameworks for the Ownership and Licensing of Traditional Knowledge Associated with Genetic Resources in Africa
Enyinna Nwauche
Part II: Designs and Packaging and the Purpose of International and Regional Frameworks
5. Designing Disclosure: Disclosure of Cultural and Genetic Resource Utilisation in Design Protection Regimes
Margo A. Bagley
6. Lost in Communication: A Few Thoughts on the Object and Purpose of the EU Design Protection
Anna Tischner
7. Tobacco Plain Packaging, Human Rights and the Object and Purpose of International Trade Mark Protection
Genevieve Wilkinson
Part III: Innovation and Enforcement Objectives in the European Union
8. Patents, Supplementary Protection Certificates and Data Exclusivity at the Service of Pharmaceuticals
Żaneta Pacud
9. Developing Policies that Leverage Research and Innovation to Retain Socio-Economic Benefits – The Strategic Use of Intellectual Property
Helen Yu
10. Patent Invalidation and Legal Certainty
Christoph Ann
11. Intellectual Property Rights in a Digital Environment: An EU Wide Mapping of Available Legislative Enforcement Measures
Ana Nordberg and Knud Wallberg
Part IV: Aspects of Copyright and their Relationship to Overall Purpose
12. Use and Abuse of Neighbouring Rights and the Growing Need for a Sound Understanding -The case of Online News Protection in Europe
Valentina Moscon
13. Making Derivative Works without Authorisation and the Interpretation of Originality and Creativity Under Thailand’s Copyright Law
Chongnang Wiputhanupong
14. The Collective Management System of Copyright and Related Rights in Europe -Competitive Aspects
Maria Letizia Bixio
Index
Introduction
Susy Frankel
Part I: Cultural Objectives and Development Goals
1. From ‘Oomoo’ to ‘Oro’: Nostalgia Labels and Cultural Policy on the Australian Trade Marks Register
Megan Richardson, Julian Thomas and Jill Klein
2. A Successful Recalibration of Patent Law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum Scoparium)
Jessica C. Lai
3. A TWAIL-Constructivist critique of the IP and Development Divide in the Age of Innovation - Has the Protection of Place-based goods changed the narrative for the Caribbean?
Marsha S. Cadogan
4. New Frameworks for the Ownership and Licensing of Traditional Knowledge Associated with Genetic Resources in Africa
Enyinna Nwauche
Part II: Designs and Packaging and the Purpose of International and Regional Frameworks
5. Designing Disclosure: Disclosure of Cultural and Genetic Resource Utilisation in Design Protection Regimes
Margo A. Bagley
6. Lost in Communication: A Few Thoughts on the Object and Purpose of the EU Design Protection
Anna Tischner
7. Tobacco Plain Packaging, Human Rights and the Object and Purpose of International Trade Mark Protection
Genevieve Wilkinson
Part III: Innovation and Enforcement Objectives in the European Union
8. Patents, Supplementary Protection Certificates and Data Exclusivity at the Service of Pharmaceuticals
Żaneta Pacud
9. Developing Policies that Leverage Research and Innovation to Retain Socio-Economic Benefits – The Strategic Use of Intellectual Property
Helen Yu
10. Patent Invalidation and Legal Certainty
Christoph Ann
11. Intellectual Property Rights in a Digital Environment: An EU Wide Mapping of Available Legislative Enforcement Measures
Ana Nordberg and Knud Wallberg
Part IV: Aspects of Copyright and their Relationship to Overall Purpose
12. Use and Abuse of Neighbouring Rights and the Growing Need for a Sound Understanding -The case of Online News Protection in Europe
Valentina Moscon
13. Making Derivative Works without Authorisation and the Interpretation of Originality and Creativity Under Thailand’s Copyright Law
Chongnang Wiputhanupong
14. The Collective Management System of Copyright and Related Rights in Europe -Competitive Aspects
Maria Letizia Bixio
Index
