Setting the scene, the idea of the ‘creative economy’ is critically located in both the policy and academic literatures. Next, the European Union’s (EU) shifting role in cultural policy is discussed, with particular reference to the Creative Europe programme. Then, the illuminating history of regulatory policy on ‘borderless television’ is considered along with the balance of international audiovisual trade with the US. This is the context for an analysis of the planned Digital Single Market and its implications. The conclusion notes the continuing ambiguity of relations between culture and economy in the EU as these now play out in the digital era.
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Abbe E.L Brown and Charlotte Waelde
This chapter presents the collection, its goals and its focus, and explains decisions made regarding its parameters and structure. The chapter summarises each of the chapters in the collection and reflects on common themes across it, and for the future of IP and the Creative Industries.
Intellectual property and the creative industries are both shaped by revolutions in the media industry. Developments since the Millennium have led to expectations (though not unchallenged) of unregulated global copying and greater access to data. Debate continues across the world as to how to address these questions, notably in the UK in a review in 2011 and the Nesta Manifesto of 2013. It is within this context (termed here ‘edgy, but somewhat less confrontational’) that this collection and its identification of tolerance, make a valuable contribution. The discussions taking place across the breadth of the collection are needed to deliver healthy rights ecology, to avoid a destructive conflict, and to ensure focus on the key question for IP – its impact on creativity.
History, Challenges and Opportunities
Peter K Yu
This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system's three phases of development. It discusses the system's evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.
Edited by Peter K Yu
Conflicts of interest, and guiding principles for their resolution within IP’s constitutional framework
Balancing Conflicts of Interest in the Constitutional Paradigm
This article, first delivered as the keynote at the ‘Transforming Institutions’ conference, discusses the increasing relevance of relations between different international organisations. It provides a discussion of what sort of forms these relations can take, and of the relevant legal questions that arise, relating to the form of instruments, treaty-making powers and procedures, accountability for joint activities, and related issues. It concludes by providing a preliminary assessment in light of some of the relevant theoretical literature.