The Principle of National Treatment in the International Conventions Protecting Intellectual Property

Author(s):  
Ulrich Loewenheim
Author(s):  
Sam Ricketson

This Chapter identifies and describes the principal features of the international arrangements for protecting intellectual property rights (IPRs) in countries other than those of their originator or creator. In the case of national or regional IP laws, these connections are readily identifiable. At the international level, however, they are less obvious, and many gaps and inconsistencies arise. Nonetheless, the Chapter argues that a ‘system’ for the international recognition and protection of IPRs is still clearly discernible and can be described. It begins with a brief account of the objectives of that system and its principal organizing principles, and then moves to consider its principal actors and the means by which its protection is achieved, namely through a series of international conventions or treaties of varying content and particularity. The Chapter concludes by noting a number of pressures, both internal and external, to which the system thus comprised is subject.


2013 ◽  
pp. 1204-1224
Author(s):  
Marcel Bogers ◽  
Rudi Bekkers ◽  
Ove Granstrand

Protecting intellectual property and controlling the use of their inventions is key to the strategy of many firms. At the same time, in order to be successful in open collaborative innovation, firms need to share their knowledge with others. This chapter presents, for moderate specialists, some strategic considerations with respect to managing intellectual property in open collaborative innovation. The chapter discusses how licensing strategies can be employed to balance various goals in collaborative efforts to innovate. In particular, licensing of intellectual property is presented as a way to manage protected knowledge that is developed and shared in collaborative innovation. Different elementary licensing schemes are presented. Open collaborative innovation can then consist of various “modules” of elementary licenses. The chapter finally proposes a few distinct strategies for governing knowledge exchange in collaborative innovation, including open exchange and layered schemes, thereby outlining some conditions for successful open collaborative innovation.


Author(s):  
Paul Torremans

This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.


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