Reforming Intellectual Property

Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas.

This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.

Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.

The researchers in this study examine the issue of reforming intellectual property rights systems in developing countries through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The study is divided into seven main parts that discuss the nature of intellectual property rights and protection needs within the framework of TRIPS' main provisions and goals. The study also reviews the various types of intellectual property rights systems and the costs of implementing different levels of protection. This comes in addition to the benefits and economic effects of protection, as well as general policies related to intellectual property rights. In this study, the researchers sought to analyze - on one hand - the potential costs of intellectual property rights protection over the short term. On the other hand, they tried to analyze the long-term benefits, such as access to foreign direct investment, technology transfer, and growth, that might go down the drain if developing countries resist intellectual property rights protection.

In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.

The newly adopted World Intellectual Property Organization (WIPO) Development Agenda presents a real opportunity to revolutionize the international governance of intellectual property law and policy. The litmus test for its success, however, will be if and how the agenda is implemented in practice. This edited collection brings together a series of incisive essays written by leading thinkers from emerging economies, Canada, and elsewhere to develop concrete strategies for implementing the agenda. The essays cover a range of fundamental issues surrounding the agenda and examine its recommendations from multidisciplinary and multi-regional perspectives. Several essays explore the role of WIPO and its member states in steering the direction of future reform as well as potential approaches to achieve this goal. Other contributions examine specific recommendations on WIPO’s activities within the broader context of development. This volume will be a useful source of reference for informed but non-expert readers, including government officials and delegates at international and “capital” levels, leaders of the international business community, individuals in inter- and non-governmental organizations, and scholars in the fields of law and international governance. Co-published with the International Development Research Centre and the Centre for International Governance Innovation