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Advanced Introduction to International Intellectual Property

Susy Frankel and Daniel J. Gervais

This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention.
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Final thoughts

Susy Frankel and Daniel J. Gervais

Extract

International intellectual property law is a dynamic and complex area. From a set of technical and arcane rules reserved for experts, the intersection of intellectual property law with high profile issues such as online uses of material (often protected by copyright) and public health (patents on pharmaceuticals, tobacco regulation) have greatly increased awareness among members of the public. This has prompted a significant amount of empirical and theoretical research on the positive and negative effects of intellectual property law and the need for regulators to strike an appropriate balance. Many recent efforts and models were premised on the need for international intellectual property rules not just to allow companies to capture additional rents in new markets but more broadly to foster economic and human development in a way that reflects in an appropriate way the cultural, historical, educational and other differences among nations and regions. On the economic front, the economies of many countries have moved or are in the process of moving towards the creation of intangibles or at least using intellectual property law to protect innovation in various forms. Intellectual property law impacts human creativity, scientific endeavour, and the business and cultural norms and institutions around such activity. In this book we have given an overview of the key (mainly legal) principles that govern the area. Many of those principles have a long history and are considered steadfast pillars of intellectual property law. The changes and challenges relate to how those principles are applied and updated or adjusted...

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