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Framing Intellectual Property Law in the 21st Century: Integrating Incentives, Trade, Development, Culture, and Human Rights

Edited by: Rochelle Cooper DreyfussNew York University, Elizabeth Siew-Kuan NgNational University of Singapore

ISBN13: 9781316501160
Published: October 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £25.99
Hardback edition , ISBN13 9781107135383



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As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as a key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. But because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented.

This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

  • Takes a comprehensive view of intellectual property (IP) that will help readers understand how different perspectives on IP affect policy and legal practice
  • Examines critically each frame in which intellectual property is viewed and looks at the arguments each makes about the costs, benefits, and scope of intellectual property protection
  • Features authors from many different legal traditions, thereby providing an internationalist view of the topics

  • Subjects:
    Intellectual Property Law
    Contents:
    Preface
    1. In praise of an incentive-based theory of intellectual property protection - Rochelle C. Dreyfuss
    2. Copyright and creative incentives: what do(n't) we know? - Christopher Sprigman
    3. Reframing intellectual property rights with fewer distortions of the trade paradigm - Jerome H. Reichman
    4. The fusion of intellectual property and trade - Susy Frankel
    5. Flexibilities in the implementation of TRIPS: an analysis of their impact on technological innovation and public health in Asia - Elizabeth Siew-Kuan Ng and Albert Guangzhou Hu
    6. Image rights and other unorthodox forms of intellectual property - Megan Richardson and Julian Thomas
    7. Taking the Mickey out of Disney: a cultural approach to the transformative use doctrine in copyright law - David Tan
    8. Authors' human rights in the intellectual property framework - Graeme W. Austin
    9. Intellectual property in the image of human rights: a critical review - Ruth L. Okediji
    10. Framing the international intellectual property system - Graeme Dinwoodie and Annette Kur

    Commentary: framing intellectual property law in the twenty-first century: a policy practitioner's perspective - Yih-San Tan and Sandra Yu
    Commentary on Chapter 1 'In praise of an incentive-based theory of intellectual property protection' - Mark Lim Fung-Chian
    Commentary on Chapter 6 'Image rights and other unorthodox forms of intellectual property' - Wee Loon Ng-Loy
    Index