The Structure of Intellectual Property Law
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The Structure of Intellectual Property Law

Can One Size Fit All?

Edited by Annette Kur and Vytautas Mizaras

This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.
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Chapter 1: Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property Law

Graeme B. Dinwoodie


Graeme B. Dinwoodie*1 INTRODUCTION 1. This volume is dedicated, like the two ATRIP congresses on which it is based, to the overall theme of whether ‘one size fits all’ in intellectual property law. Are there sufficient commonalities among the component parts of our field that we could realistically construct a unitary body of intellectual property law? More specifically, this contribution will consider whether the ‘one size fits all’ inquiry might be informed by an assessment of changes in the objectives or purposes of intellectual property protection. Have such changes made a ‘one size fits all’ solution more or less likely, and more or less desirable? 2. ONE SIZE FITTING ALL Before getting to the specific questions of ‘purpose’ and ‘objectives’, I would like first to introduce the different dimensions to the overall question of ‘one size fitting all’, which will be explored in greater detail in later chapters. There are a number of different inquiries that might be subsumed by the question of whether ‘one size fits all’ in intellectual property law. Professor of Intellectual Property and Information Technology Law, Faculty of Law, University of Oxford; Director, Oxford Intellectual Property Research Centre; Professorial Fellow, St. Peter’s College, University of Oxford. 3 * KUR PRINT (M2615).indd 3 26/05/2011 10:19 4 The structure of intellectual property law 2.1. A Single Intellectual Property Right? First, as perhaps best reflected in a project undertaken by the Intellectual Property in Transition team,1 who starting in 2001 sought to develop a ‘one-right-system’, we...

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