Pub Date : 2019-06-28DOI: 10.4337/9781788977999.00009
Susan Isiko Štrba
{"title":"Intellectual property pluralism in African development agendas: food security, plant variety protection and the role of the WIPO","authors":"Susan Isiko Štrba","doi":"10.4337/9781788977999.00009","DOIUrl":"https://doi.org/10.4337/9781788977999.00009","url":null,"abstract":"","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114339113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-28DOI: 10.4337/9781788977999.00016
Evana Wright
{"title":"Protecting traditional knowledge in Australia: what can we learn from India and Peru?","authors":"Evana Wright","doi":"10.4337/9781788977999.00016","DOIUrl":"https://doi.org/10.4337/9781788977999.00016","url":null,"abstract":"","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122176390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-09-05DOI: 10.4337/9781788977999.00017
Pratyush Nath Upreti
In the multilateral trading system, GIs remain one of the most debated subject matters. The division and difference in fitting GIs within the policy space among the developed countries has further made the issue controversial. The developing and least-developed countries (LDCs) see GIs through the lens of sustainable development. Nepal's economy is predominantly based on agricultural products. Unfortunately, local actors are not able to market products globally. GIs may provide a unique opportunity for the farmers and small-scale producers to promote local heritage globally. Among the several forms of intellectual property, GIs may hold the greatest relevance for Nepal. Moreover, considering the geo-climatic condition, GIs may represent an excellent opportunity for Nepal. Thus, this chapter examines the concept of GIs and its development in international law and focuses the discussion on potential GIs in Nepal.
{"title":"Geographical indications in Nepal: in search of identity","authors":"Pratyush Nath Upreti","doi":"10.4337/9781788977999.00017","DOIUrl":"https://doi.org/10.4337/9781788977999.00017","url":null,"abstract":"In the multilateral trading system, GIs remain one of the most debated subject matters. The division and difference in fitting GIs within the policy space among the developed countries has further made the issue controversial. The developing and least-developed countries (LDCs) see GIs through the lens of sustainable development. Nepal's economy is predominantly based on agricultural products. Unfortunately, local actors are not able to market products globally. GIs may provide a unique opportunity for the farmers and small-scale producers to promote local heritage globally. Among the several forms of intellectual property, GIs may hold the greatest relevance for Nepal. Moreover, considering the geo-climatic condition, GIs may represent an excellent opportunity for Nepal. Thus, this chapter examines the concept of GIs and its development in international law and focuses the discussion on potential GIs in Nepal.","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127563013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-06DOI: 10.4337/9781788977999.00008
L. Bently, Tanya Aplin
The international copyright system requires all participants to recognise a freedom for fair quotation that covers much of the ground encompassed by the notion of ‘fair use.’ The obligation derives from Article 10(1) of the Berne Convention and thus applies to some 174 countries (and, because Article 10(1) must be complied with under TRIPS, is carried over into the WTO Agreement). In contrast to other limitations in Berne, Article 10(1) is not optional, it is mandatory. It creates an obligation, and thereby imposes a ceiling on the freedom of action of Members of the Union. The breadth of the obligatory exception is wide: as enacted in national law, it should not be limited by work, nor by type of act, nor by purpose. The exception should not be subjected to additional conditions beyond those recognised in Article 10: to do so is to breach the obligation. Subject to those conditions, the freedom the Article secures to users encompasses any and every act of quotation, the meaning of which reflects how the term is ordinarily used across all cultural forms. That includes free-standing uses, transformative uses and parodic uses. Its breadth reflects, but is not limited by, the desire to give effect to the fundamental freedom, freedom of expression. We have dubbed this ‘global, mandatory, fair use’, or GMFU, for short. Yet, despite this obligation, there has been a marginalisation of Article 10(1) and this paper explores how, and why, this distortion of international obligations has occurred. It suggests the dangers of pluralism in copyright when it comes to international obligations.
{"title":"Whatever became of global, mandatory, fair use? A case study in dysfunctional pluralism","authors":"L. Bently, Tanya Aplin","doi":"10.4337/9781788977999.00008","DOIUrl":"https://doi.org/10.4337/9781788977999.00008","url":null,"abstract":"The international copyright system requires all participants to recognise a freedom for fair quotation that covers much of the ground encompassed by the notion of ‘fair use.’ The obligation derives from Article 10(1) of the Berne Convention and thus applies to some 174 countries (and, because Article 10(1) must be complied with under TRIPS, is carried over into the WTO Agreement). In contrast to other limitations in Berne, Article 10(1) is not optional, it is mandatory. It creates an obligation, and thereby imposes a ceiling on the freedom of action of Members of the Union. The breadth of the obligatory exception is wide: as enacted in national law, it should not be limited by work, nor by type of act, nor by purpose. The exception should not be subjected to additional conditions beyond those recognised in Article 10: to do so is to breach the obligation. Subject to those conditions, the freedom the Article secures to users encompasses any and every act of quotation, the meaning of which reflects how the term is ordinarily used across all cultural forms. That includes free-standing uses, transformative uses and parodic uses. Its breadth reflects, but is not limited by, the desire to give effect to the fundamental freedom, freedom of expression. We have dubbed this ‘global, mandatory, fair use’, or GMFU, for short. \u0000Yet, despite this obligation, there has been a marginalisation of Article 10(1) and this paper explores how, and why, this distortion of international obligations has occurred. It suggests the dangers of pluralism in copyright when it comes to international obligations.","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121171564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788977999.00012
{"title":"Pluralism within a framework of international norms: comparative perspectives and national policy drivers","authors":"","doi":"10.4337/9781788977999.00012","DOIUrl":"https://doi.org/10.4337/9781788977999.00012","url":null,"abstract":"","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130708026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788977999.00028
Nari Lee
{"title":"Making of patent law at the digital frontier – patents at the age of 3D printing","authors":"Nari Lee","doi":"10.4337/9781788977999.00028","DOIUrl":"https://doi.org/10.4337/9781788977999.00028","url":null,"abstract":"","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133373077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788977999.00022
Karolina Sztobryn
{"title":"A more pluralistic approach to copyright protection after the Marrakesh Treaty","authors":"Karolina Sztobryn","doi":"10.4337/9781788977999.00022","DOIUrl":"https://doi.org/10.4337/9781788977999.00022","url":null,"abstract":"","PeriodicalId":126640,"journal":{"name":"Is Intellectual Property Pluralism Functional?","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116936423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}