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Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to IP law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.
The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.
This book analyzes the interface of human rights and intellectual property from multiple perspectives. Chapter 1 introduces the major legal, institutional, and political aspects of each regime, explains how they came into increasing contact over the past decade, and explores alternative frameworks for conceptualizing their relationship. Each of the remaining chapters adopts a predominantly substantive orientation that examines in depth specific intersections between certain human rights and intellectual property protection rules. In this concluding chapter, we shift focus to elaborate the major transsubstantive themes that are interwoven through the preceding materials. Our aim is twofold. First, and more modestly, we seek to illuminate connections that transcend specific “hot button” controversies and to offer deeper insights about the interconnections between the two legal regimes. Second, and more ambitiously, we offer our own analytical framework to assist scholars, policymakers, civil society groups, and students in conceptualizing the relationship between human rights and intellectual property.
We begin in Section 8.1 by reiterating the inevitability of the human rights–intellectual property interface and by rejecting – both as a matter of principle and as a matter of practical politics – arguments for maintaining a firewall between the two regimes and avoiding the difficult work of normative engagement. Section 8.2 evaluates three proposals to demarcate the boundary lines between human rights and intellectual property, proposals whose particularities we describe in greater detail in previous chapters.