International Intellectual Property

International Intellectual Property

A Handbook of Contemporary Research

Research Handbooks in Intellectual Property series

Edited by Daniel J. Gervais

International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book contains both doctrinal analyses and groundbreaking theoretical research by many of the most recognized leading experts in the field. It offers overviews of the major international instruments, with specific chapters on the Berne and Paris Conventions, the Patent Cooperation treaty and several chapters that discuss parts of the TRIPS Agreement. The book can also be used by students of international intellectual property to obtain useful knowledge of major institutions and instruments, and to gain an understanding of ongoing discussions.

Chapter 9: A protocol to evaluate the impact of intellectual property on innovation outcomes

Geoffrey R. Scott

Subjects: law - academic, intellectual property law, public international law


There have been numerous recent challenges to the structure of the domestic and global regimes that define and protect interests in intellectual property (IP). These include advances in technology, changes in product configuration and market structure, perceived evolution in innovation paradigms, and shifts in the perspectives of individuals and groups with respect to access to and use of products of the mind. While the need to address the delicate balance between the demands of those who have lent their hands, minds, talents and time to the creation of new works and those who desire access to the creative products has been an inherent attribute of most systems, there does appear to be current urgency to revisit the topic. Whatever the catalyst, consideration of the issues is very dynamic, and may, at times, be pressing and dramatic. Perhaps the forces most responsible for the debate are the overwhelming effect of technological advances and corollary changes in social norms. Technology has driven us into an era where economies often deal more with soft products (for example, information) than with tangible products. While traditional IP laws have offered some protection to expanding creative efforts, the adequacy and proper reach of global IP regimes remains at the heart of the current dialogue. As a result, it is essential to fully understand the present legal construct in order to reach a cogent decision about how, or whether, to affect any change.

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