Is Intellectual Property Pluralism Functional?

Edited by Susy Frankel, Counsellor, Intellectual Property, Government Procurement and Competition Division, World Trade Organization and Professor of Law, Chair in Intellectual Property and International Trade, Victoria University of Wellington, New Zealand

‘The question addressed in this book - whether taking a pluralist approach in intellectual property is “functional“ in the sense that it yields better results than full and binding harmonisation - touches on one of the most central issues that policymakers, and also scholars, around the world face. As the book impressively demonstrates, the answers are as many as the issues addressed in the chapters, and as individual as the authors, who, as members of ATRIP, represent the intellectual richness and diversity of the global community of intellectual property scholars. However, as, Susy Frankel writes in her introduction, pluralism may remain the preferred choice where that is motivated by economic and cultural diversities, and also where room is needed to “experiment” with new solutions. In any case, the many viewpoints presented in this book provide valuable insights into the dynamic, continuous interaction between international norms and national solutions, and their common evolvement.’

• Contents:Introduction : Susy FrankelPart I: Global Standards and their Interaction with National Norms1. Whatever Became of Global, Mandatory, Fair Use?: A Case Study in Dysfunctional PluralismLionel Bently and Tanya Aplin2. Intellectual Property Pluralism in African Development Agendas: Food Security, Plant Variety Protection and the role of the WIPO Susan Isiko Štrba3. National Courts and their Role in the Development of International Intellectual Property Law and Policy – With Reflections on IndiaAlison Slade4. Legal method and lnterpretation in International IP law: Pluralism or Systemic CoherenceAna NordbergPart II: Pluralism within a Framework of International Norms: comparative prespectives and national policy drivers5. The Role of Confusion in Unfair Competition Law: A Comparative PerspectiveJennifer Davis6. Re-conceptualising the Country Code Top Level Domain Name as a Sui Generis Intellectual Property RightSusan Corbett7. Alternative Products as a Factor in Determining the Functionality of Trade Marks – How the Criteria from the US Functionality Doctrine could be Applied in EU law? Lavinia Brancusi8. Protecting Traditional Knowledge in Australia: What Can we Learn from India and Peru? Evana Wright9. Geographical Indications in Nepal: In Search of IdentityPratyush Nath UpretiPart III: The Pluralsitic Functions of Copyright10. Copyright as a Service – a Perspective on the Axiological Nature of the Copyright SystemEwa Laskowska- Litak and Grzegorz Mania11. Copyrightability of Remixes and Creation of a Remix RightYahong Li12. Copyright Pluralism and Human Rights of Visually Impaired PersonsLida Ayoubi13. A More Pluralistic Approach to Copyright Protection after the Marrakesh TreatyKarolina Sztobryn 14. ‘Copyright is an Engine of Free Expression’ or ‘Free Expression is an Engine of Copyright’?Chongnang WiputhanupongPart IV- Rigidity and Flexibility of Patent Law15. Permanent Injunctions in Patent Law – In Search of Flexibility Rafal Sikorski16. Utility model protection in Europe – an alternative for a patent or an anachronism?Marcin Balicki17. University Inventions in Europe: A Special Focus On The Model Of Institutional Ownership Luz Sánchez García18. Making of Patent Law at the Digital Frontier – Patents at the age of 3D printingNari LeeIndex