The Protection of Intellectual Property in International Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Absolute Truth ◽  
Conflict Of Laws ◽  
Intellectual Property Law ◽  
Alternative Systems ◽  
Substantive Law ◽  
Rule Systems

This chapter turns to the various approaches for addressing overlaps and resolving conflicts previously summarized. A range of specific conflict rules, the general conflict of norm principles referred to in the ILC Fragmentation Report, as well as alternatives such as conflict-of-laws concepts and the substantive law method are explored and applied to the rule relations assessed throughout prior chapters. The chapter then offers a birds-eye perspective on the relations within the international intellectual property (IP) system, those to alternative systems for protecting IP assets in international law, and to other global legal orders that interface the protection of IP. This perspective cannot claim to be objective and of course does not offer any sort of absolute truth. However, the chapter attempts to present this perspective as one that goes beyond the traditional realm of ‘international intellectual property law’ and truly engages with other rule systems in international law.

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

INTELLECTUAL PROPERTY: PARALLEL CHOICE OF LAW RULES

2005 ◽  
Vol 64 (3) ◽  
pp. 593-613
Author(s):  
K. Lipstein
Keyword(s):  
Intellectual Property ◽  
Local Authority ◽  
Country Of Origin ◽  
Previous Article ◽  
Property Law ◽  
Inherent Limitation ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Intellectual Property Law ◽  
Applicable Law

IN a previous article it was contended that for the purpose of the conflict of laws the structure of immaterial property law (which term is used here to include patents and the like) is exceptional. Due to its privileged character accorded by the sovereign local authority it is territorial in the dual sense that such laws are strictly confined in their operation to their country of origin and that within that territory the application of foreign immaterial property law is excluded by its inherent limitation. In English and Commonwealth law this insight was concealed until recently by the assertion that the courts could only exercise jurisdiction in respect of claims based on their own national intellectual property law. Jurisdiction was thus functionally linked to the exclusive sphere of the applicable law.

Contemporary Intellectual Property

2019 ◽  
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Additional Material ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
Realistic View ◽  
The Subject ◽  
To Come ◽  
Substantive Law ◽  
Ip Law

Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.

scholarly journals The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

2021 ◽  
Vol 4 (1) ◽  
pp. 34-45
Author(s):  
Nguyen Thai Cuong ◽  
Nguyen Duc Nguyen Vy
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Law ◽  
Property Law ◽  
Berne Convention ◽  
Member States ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Exceptions And Limitations ◽  
Limitations And Exceptions

Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.

The Ethics of Intellectual Property Rights: The Impact of Traditional Knowledge and Health on International Intellectual Property Law

2009 ◽  
Vol 5 (2) ◽  
pp. 340-362
Author(s):  
Chamundeeswari Kuppuswamy
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
International Law ◽  
Traditional Knowledge ◽  
Property Law ◽  
Intellectual Property Law ◽  
Prior Informed Consent ◽  
Ongoing Work ◽  
Work Programme ◽  
The Impact

This article addresses issues at the interface of public international law and international intellectual property law, and argues that developing countries interests’ will be better protected by the proposed amendment of Article. 31 of the TRIPS Agreement and by the ongoing efforts to elaborate a legal instrument for the protection of traditional knowledge, both of which extend and deepen the special and preferential treatment of developing countries. The issue of protection of traditional knowledge has not only made inroads into treaties (via the proposal to amend TRIPS to include disclosure of origin and prior informed consent—Article. 29 bis), but it has also introduced alternatives to foundational intellectual property law principles relating to term of protection and exclusive rights. The ongoing work programme of the World Intellectual Property Organisation’s Genetic Resources, Traditional Knowledge and Folklore committee shows potential for the formulation of an international instrument for the protection of traditional knowledge through recognition of the rights of indigenous peoples.

scholarly journals Writing to Learn Law and Writing in Law: An Intellectual Property Illustration

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Skills Training ◽  
Writing To Learn ◽  
Property Law ◽  
Legal Practice ◽  
Intellectual Property Law ◽  
Final Exams ◽  
Substantive Law

This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It argues that students are likely to learn intellectual property law effectively if they learn to practice as intellectual property lawyers, and specifically to write as intellectual property lawyers.

Australian Intellectual Property Law

2008 ◽  
Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Intellectual Property Law
Sign in / Sign up

Export Citation Format

Share Document