Framing Intellectual Property Law in the 21st Century
Integrating Incentives, Trade, Development, Culture, and Human Rights

The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

Rochelle Cooper Dreyfuss (Edited by), Elizabeth Siew-Kuan Ng (Edited by)

9781107135383, Cambridge University Press

Hardback, published 18 October 2018

368 pages, 4 b/w illus. 10 tables
23.5 x 15.7 x 2.5 cm, 0.66 kg

'In this book, a first-rate group of experts provide a sophisticated and candid analysis of the advantages and limitations of various justifications for intellectual property protection, including incentive-based theory, facilitating trade among nations, and protecting public health, culture, and human rights. The book also contains a valuable discussion of empirical studies and doctrinal and institutional reforms. It is essential reading for anyone interested in improving intellectual property laws in our global marketplace.' Lisa P. Ramsey, University of San Diego School of Law

As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

Preface
1. In praise of an incentive-based theory of intellectual property protection Rochelle Cooper Dreyfuss
2. Copyright and creative incentives: what do(n't) we know? Christopher Sprigman
3. Reframing intellectual property rights with fewer distortions of the trade paradigm Jerome H. Reichman
4. The fusion of intellectual property and trade Susy Frankel
5. Flexibilities in the implementation of TRIPS: an analysis of their impact on technological innovation and public health in Asia Elizabeth Siew-Kuan Ng and Albert Guangzhou Hu
6. Image rights and other unorthodox forms of intellectual property Megan Richardson and Julian Thomas
7. Taking the Mickey out of Disney: a cultural approach to the transformative use doctrine in copyright law David Tan
8. Authors' human rights in the intellectual property framework Graeme W. Austin
9. Intellectual property in the image of human rights: a critical review Ruth L. Okediji
10. Framing the international intellectual property system Graeme Dinwoodie and Annette Kur
Commentary: framing intellectual property law in the twenty-first century: a policy practitioner's perspective Yih-San Tan and Sandra Yu
Commentary on Chapter 1: 'In praise of an incentive-based theory of intellectual property protection' Mark Lim Fung-Chian
Commentary on Chapter 6: 'Image rights and other unorthodox forms of intellectual property' Wee Loon Ng-Loy
Index.

Subject Areas: Patents law [LNRD], Intellectual property law [LNR], International economic & trade law [LBBM], Development economics & emerging economies [KCM]