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14 results

  • 14 - Reframing International Copyright Limitations and Exceptions as Development Policy

  • Edited by Ruth L. Okediji
  • Book:
    Copyright Law in an Age of Limitations and Exceptions
    Published online:
    07 June 2017
    Print publication:
    30 March 2017, pp 429-496

  • Summary

    <span class='italic'>Abstract</span>

    There is very little that aligns the current design of international copyright law with the requirements for economic development. This chapter advances the proposition that copyright limitations and exceptions (L&Es) needed to promote economic development differ in important respects from the set of L&Es around which there is international consensus. Existing international copyright L&Es do not allow access to copyrighted works at a scale, or on terms, needed for economic development progress; they also insufficiently enable key stakeholders, such as educational institutions and libraries, to facilitate access to knowledge in support of human capital formation. The chapter highlights the need to orient the international copyright framework toward development concerns, while safeguarding local systems of cultural production. The changes suggested underscore the importance, for all countries, of new L&Es that support development and strengthening those L&Es traditionally understood to reflect the public interest.

Copyright Law in an Age of Limitations and Exceptions
  • Edited by Ruth L. Okediji
  • Published online:
    07 June 2017
    Print publication:
    30 March 2017
  • Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.

  • WIPO-WTO RELATIONS AND THE FUTURE OF GLOBAL INTELLECTUAL PROPERTY NORMS*

  • Ruth L. Okediji
  • Journal:
    Netherlands Yearbook of International Law / Volume 39 / December 2008
    Published online by Cambridge University Press:
    19 May 2009, pp. 69-125
    Print publication:
    December 2008

  • The World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) has been the focus of intense scholarly debate regarding the effects of IP protection on the development interests of the global South. Far less attention has been directed at the organizational framework in which future IP norms should be developed. The governing assumption has been that the norm-setting role of the World Intellectual Property Organization (WIPO) remains unchanged notwithstanding the primacy of the WTO as an Organization with explicit mandate for global IP regulation.

    In this Article, I argue that the WTO, in a hierarchical division of labor with WIPO, should be promoted as the locus of IP norm-setting, particularly with respect to those norms that affect the regulation and supply of global public goods. IP norm-setting in the WTO is not without risks. Nonetheless, an organizational culture in which IP protection is one of many tools to accomplish defined welfare goals, rather than the raison d'être of the organization's existence, may force open important institutional space in which future IP norms consistent both with the interests of less developed countries and the ideals of mature IP systems, can be meaningfully negotiated. At a minimum, a hierarchical relationship could facilitate inter-institutional competition between the WTO and WIPO, generating additional welfare gains for the international community in the form of greater transparency in the processes of IP norm-setting, improvements in the democratic deficit inherent in international organizations generally, as well as systemic gains from enhanced accountability in the global management of IP.

  • 6 - Sustainable Access to Copyrighted Digital Information Works in Developing Countries

  • Edited by Keith E. Maskus, University of Colorado, Boulder, Jerome H. Reichman, Duke University, North Carolina
  • Book:
    International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime
    Published online:
    05 May 2010
    Print publication:
    08 June 2005, pp 142-187

  • Summary

    Introduction

    Intellectual property rights are an important part of the regulatory environment necessary to promote and support economic growth in the digital age. Recent gains in productivity growth in leading developed countries are strongly related to investments in information technology and correlate with the extent to which such technology, or technology-driven goods and services, are diffused throughout the economy. Attaining adequate levels of technology investment and diffusion requires a policy framework that prioritizes research, enhances competitiveness and facilitates the flow of knowledge among firms. Granting property rights in the fruits of innovative and creative endeavor has long been the policy tool of choice to accomplish these objectives. Incessant demands by the information industry and other proprietors of creative works for stronger global protection have been rationalized as a condition for maintaining adequate levels of innovation, competition and cross-border investment.

    The emphasis on information technology as a major contributor to economic growth further consolidated industry influence over intellectual property policy, and provided a gloss for the pervasive pattern of rent-seeking that has characterized contemporary innovation policy in the developed countries. The concerted efforts of the knowledge industries were largely responsible for the extraordinary conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which established a global baseline to usher the developing world into a worldwide system of heightened protection for intellectual property.