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  • Print publication year: 2021
  • Online publication date: December 2020

18 - An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence

from A - Intellectual “Property” and its Limits

Summary

Striking an appropriate balance in the intellectual property system has been the subject of a perennial scholarly and policy debate. Article 7 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) states explicitly that ‘[t]he protection and enforcement of intellectual property rights should contribute to … a balance of rights and obligations’. The preamble of the WIPO Copyright Treaty (WCT) also recognises ‘the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information’.2