Intellectual property

Weaving Intellectual Property Policy in Small Island Developing States

Author/s (editor/s):

Forsyth, Miranda
Farran, Sue

Publication year:

2015

Publication type:

Book

Find this publication at:
http://intersentia.com/en/weaving-intellectual-property-policy-in-small-island-d...

There is considerable pressure on Small Island Developing States globally to introduce or to strengthen intellectual property regimes. This pressure comes in a number of forms, including bilateral and multilateral Free Trade Agreement negotiations and development assistance programmes such as those of the World Intellectual Property Organisation. The aim of this book is to offer a competing model of intellectual property policy using the Pacific Islands as a case study. This competing model is one based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. Adopting such a base as a starting point will enable the weaving together of multiple regulatory strategies to facilitate the transfer of knowledge, stimulate and reward innovation and creativity, and protect rights over traditional knowledge in ways that have meaning and resonance for local populations. Elements of western intellectual property frameworks can also form important strands in intellectual property policies. However, these elements should be incorporated, and possibly reinterpreted, within the local framework.

The approach advocated in this book opens up a number of different roads for intellectual property policy. First, it encourages the exploration of non-state regulatory mechanisms, such as customary norms and institutions, community protocols, and also membership of international NGOs, in regulating the use of intellectual property. In most Pacific Island countries there is little state capacity to implement and police intellectual property laws and so creative use should be made of the possibilities offered by non-state structures. Second, it suggests centralising culture and the protection of traditional knowledge at the heart of intellectual property policy, rather than treating it as a secondary issue to be dealt with by sui generis legislation. Here, traditional knowledge forms the basis of culture and development and cannot and should not be separated from modern or ‘scientific’ notions of creativity and innovation. A pragmatic incremental approach to intellectual property policy development is also advocated, requiring countries to thoroughly assess the advantages and disadvantages of any new intellectual property law within their local context, to consider how to adaptively implement this in a way suited to the local context, as well as to realistically assess the state’s capacity for enforcement. Finally, the book challenges a number of claims made about intellectual property law and development, demonstrating that a far more fine-grained analysis of the nexus between the two is required than currently offered by the WIPO Development Agenda.

Cite the publication as

Forsyth, Miranda and Sue Farran, 2015. Weaving Intellectual Property Policy in Small Island Developing States. 1st Ed. Intersentia.

Kritika: Essays on intellectual property

Author/s (editor/s):

Drahos, Peter (ed)
Ghidini, Gustavo
Ullrich, Hans

Publication year:

2015

Publication type:

Book

Find this publication at:
https://www.e-elgar.com/shop/kritika-essays-on-intellectual-property?___website=...

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.

With a view to setting in train a process of emergent critical scholarship, this inaugural volume of Kritika brings together leading scholars from the different fields of the discipline, reflecting on the private regulatory power of patents; the role of competition law in the search for the holy grail of balance in IP; the fictions of patent law; the anthropological relativism of IP; the historical transmission processes behind the IP concept; the vanishing paradigm of exclusivity in a digital environment; models of inclusive patents serving open innovation; and the rhetoric behind the copyright ratchet.

Cite the publication as

Drahos, Peter, Gustavo Ghidini and Hanns Ulrich (eds). 2015. Kritika: Essays on Intellectual Property, Volume 1. Cheltenham: Edward Elgar

Death of patents

Author/s (editor/s):

Drahos, Peter

Publication year:

2005

Publication type:

Book

Find this publication at:
http://www.wildy.com/isbn/9780953940325/death-of-patents-

National patent systems have stopped serving the ideal of public benefit. Instead the world is moving towards a universal patent system that will only make a few rich countries even richer. The various chapters in this book, written by leading scholars in the field, show how national patent systems have been compromised. Doctrinal developments in patent law no longer square with the public good.The requirement of inventiveness in patent law no longer complements what we know about creativity and may in fact stand in the way of inventiveness and innovation. The standard moral justifications for the patent system that we now have simply do not work. The erosion of national sovereignty over the setting of patent standards means that increasingly most nation states will be hampered in their use of patents as a tool of industry policy.Death of Patent System details these and other changes in national patent systems.

Cite the publication as

Drahos, Peter, 2005. Death of patents. Oxton:Lawtext Publishing.

Death of a patent system - Introduction

Author/s (editor/s):

Drahos, Peter

Publication year:

2005

Publication type:

Book chapter

Cite the publication as

Drahos, Peter, 2005. ‘Death of a patent system-Introduction.’ In Death of a patent system, edited by Peter Drahos, 1-11. Lawtext Publishing.

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