Show Less
You do not have access to this content

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.
Show Summary Details
You do not have access to this content

3 Key concepts of international intellectual property

Susy Frankel and Daniel J. Gervais

Extract

The legal rules of intellectual property rights are national or territorial. This contrasts with the global nature of trade in intellectual property and in the goods and services to which intellectual property relates.

“Territorial” has many meanings and effects in intellectual property law. First, it means that the rights are limited to the territory in which they are granted. A trademark or patent registered in one country, gives protection in that country and not in other countries. Protection in other countries for registered rights (patents, trademarks and sometimes designs) requires registration in those other countries. The territoriality principle applies even where rights, most significantly copyright, are not subject to mandatory registration. Copyright owners own a different copyright in each jurisdiction. What instruments like the Berne and Paris Conventions and the TRIPS Agreement have done is to impose minimum substantive standards, which each country can implement in different ways. When minimum standards and voluntary exceptions are combined with territoriality, significant variations are found between national laws.

The territoriality of intellectual property also allows owners to segment markets. This segmentation enables the charging of different prices and separate markets may have products of differing quality in each of those markets if the intellectual property owner so wishes. As we discuss further below, this market segmentation is preserved in countries that do not not allow parallel imports, while other countries which do allow parallel imports treat the world as one market, at least for some purposes.

This...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.