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What Do Traditional Knowledge and Traditional Cultural Expressions Have to Do with Intellectual Property Rights
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The Next 100 Years of International Intellectual Property: Integrating Human Rights and Corporate Social Responsibility
No full textIP Enforcement under the TPP: Civil and Administrative Procedures and Remedies, Provisional Measures in TPP (Articles, 18.71-18.76)
Get PDFValue Divergence in Global Intellectual Property Law
Get PDFIt is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a robust but flexible global intellectual property system. The Article argues that the trade-based approach to global intellectual property law undermines the apparent gains made in international intellectual property protection because it promotes a utilitarian economic view of intellectual property law while minimizing other values. Trade-based intellectual property also reduces the need for intellectual property interests to align, and therefore fails to achieve mutually beneficial agreement on substantive intellectual property law and policy
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IP Enforcement under the TPP: Civil and Administrative Procedures and Remedies, Provisional Measures in TPP (Articles, 18.71-18.76)
No full textWhat Do Traditional Knowledge and Traditional Cultural Expressions Have to Do with Intellectual Property Rights
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Cultural Identities and Territoriality in a Global Marketplace
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Harmonizing Cultural IP across Borders: Fashionable Bags & Ghanaian Adinkra Symbols
No full textGlobal copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation\u27s cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as trade-related cultural intellectual property and proposes that, with some revisions to existing international agreements, this gap in the law can be addressed
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Agricultural Biotechnology: Drawing on International Law to Promote Progress
No full textIn Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee\u27s ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that a patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee\u27s right. Since globalized intellectual property standards were established through international agreements and much of the resistance to intellectual property laws is taking place at the international level, this Article turns to international law for guidance. Taking into consideration the competing regimes that touch on intellectual property rights, this Article concludes that we must continue to look for solutions within intellectual property law itself
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