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Test Tubes for Global Intellectual Property Issues
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Book description

Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge.


'This book provides a neatly sustained analysis of how small market economies have creatively exercised sovereign discretion to maneuver within the international intellectual property system. Professor Frankel offers a compelling analysis of what countries can and should consider doing to effectuate the public policy goals of the intellectual property system in the domestic context. Importantly, it carves out necessary intellectual space to underscore how countries may ably advance human welfare goals in the context of the IP and trade nexus. She challenges strongly held assumptions about the system's rigidity, and offers new insights about the prospects of re-framing the global debate over the role of international intellectual property in promoting cultural and economic development. Her arguments, grounded in the careful experiments of small market economies, make a solid case for normative flexibility. It is a must-read for scholars and policymakers.'

Ruth Okediji - William L. Prosser Professor of Law, University of Minnesota

'This book, by one of the top scholars in the field, presents global IP issues in a detailed and accessible fashion. It sheds new light on complex, important issues in trade law, innovation policy and myriad other aspects of international intellectual property. Simply put, the book makes an exceptional contribution to the field and will be useful to scholars, students, and practitioners who need to gain deeper insights.'

Daniel J. Gervais - Vanderbilt University Law School

'Susy Frankel has performed an invaluable service for students, scholars and policymakers trying to make sense of the international intellectual property system. Drawing on her own wide-ranging work, but introducing the particular focus of small market economies, this innovative book offers a refreshing new angle on the system as a whole. This focus not only makes real the sometimes abstract claim that global standards might usefully be pursued by diverse countries in different ways, but also allows Frankel to present complex topics in a very readable form. Students and scholars will learn a lot from this treatment. And national officials implementing their international obligations would do well to consider some of the options that Frankel highlights.'

Graeme B. Dinwoodie - University of Oxford

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