Framing Intellectual Property Law in the 21st Century
Framing Intellectual Property Law in the 21st Century
Elizabeth Siew-Kuan Ng, National University of Singapore
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 key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, 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
Reviews & endorsements
‘This book critically examines traditional principles of intellectual property (IP) such as the incentive theory for justifying exclusivity and IP protection's linkage with trade and investment from new perspectives for the twenty-first century. Professor Dreyfuss and Professor Ng brought together global academic leaders to tackle on challenging topics: Whether IP is necessary? How human rights, culture and other significant values are incorporated in the current international IP norms? Both students and professionals will benefit from innovative analysis presented in each chapter.' Toshiko Takenaka, W. Hunter Simpson Professor of Technology Law, University of Washington
‘A fresh and engaging re-assessment of first principles that underlie arguments for different levels of intellectual property (IP) protection. The book offers an array of disciplinary, doctrinal, and geographic perspectives, with a special focus on Singapore. Blending the global and the local, and high- and low-protectionist perspectives, the contributors thoughtfully reflect on the value of different frames for enriching and extending contemporary debates over IP rights.' Laurence R. Helfer, Harry R. Chadwick, Sr Professor of Law, Duke University, North Carolina
‘In this book, a first-rate group of experts provide a sophisticated and candid analysis of the advantages and limitations of various justifications for intellectual property protection, including incentive-based theory, facilitating trade among nations, and protecting public health, culture, and human rights. The book also contains a valuable discussion of empirical studies and doctrinal and institutional reforms. It is essential reading for anyone interested in improving intellectual property laws in our global marketplace.' Lisa P. Ramsey, University of San Diego School of Law
Product details
December 2018Hardback
9781107135383
368 pages
235 × 157 × 25 mm
0.66kg
4 b/w illus. 10 tables
Available
Table of Contents
- Preface
- 1. In praise of an incentive-based theory of intellectual property protection Rochelle Cooper 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.
