The Object and Purpose of Intellectual Property
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The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
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Chapter 3: A TWAIL-Constructivist critique of the IP and development divide in the age of innovation – has the protection of place based goods changed the narrative for the Caribbean?

Marsha S. Cadogan

Abstract

The prospects of building legal frameworks to create synergies between IP and place-based goods has sparked interest in the global south in using geographical indications (GIs) as innovation and development platforms. The chapter discusses whether the IP and development divide is still a problem in the global south by analysing how the region has or can conceivably deal with place-based IP-intensive goods in global consumer markets. GIs or place-based goods are often envisaged as products with development-oriented attributes. The chapter analyses the paradox of this perspective and finds that GIs are more likely to be relevant to the global south only if the regions find innovative ways of investing and commercialising these products. Without choosing this altered course, GIs are likely to fail as development assets in the global south.

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