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Is Intellectual Property Pluralism Functional?

Edited by: Susy Frankel

ISBN13: 9781788977982
Published: June 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00

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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.

Intellectual Property Law
Introduction : Susy Frankel Part I: Global Standards and their Interaciton 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 Strba 3. National Courts and their Role in the Development of International Intellctual Property Law and Policy 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 and Grzegorz Mania 11. Copyrightability of Remixes and Creation of a Remix Right Yahong Li 12. Copyright Pluralism and Human Rights of the 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'? : A Revisit of Expressions and Copyright for International Copyright Mechanisms Chongnang Wiputhanupong Part IV- Patents Rigidity and Flexibility 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. The Legal Regime for University Inventions in Europe: A Focus On The Model Of Institutional Ownership Luz Sanchez Garcia 18. Making of Patent Law at the Digital Frontier - Patents at the age of 3D printing Nari Lee Index