Is Intellectual Property Pluralism Functional?
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Is Intellectual Property Pluralism Functional?

Edited by Susy Frankel

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
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Chapter 12: Copyright pluralism and human rights of visually impaire dpersons

Lida Ayoubi

Abstract

Increasing recourse to neighbouring rights for the protection of various subject matters, including press publishing and sport events, reveals that the underlying basic concepts are rather vague. This chapter sets out to look first at the distinctive features of neighbouring rights, inquiring in particular as to which achievements reward those rights. The European proposal of a new neighbouring right for press publishers serves as a case study. The issue of protection of news items has been addressed at the international level, where the matter has been hitherto excluded from the scope of IP law. In addition, concrete aspects of the proposed legislation will be considered, focusing on the indeterminacy of the subject matter of protection. While concluding for the inadequacy of the proposed neighbouring right, an alternative holistic approach will be identified.

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