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 5: Designing disclosure: disclosure of cultural and genetic resource utilisation in design protection regimes

Margo A. Bagley


New issues relating to the intersection of design protection and cultural and genetic resource utilisation are arising from the confluence of an increasing interest in design protection, the growing allure of exotic cultural expressions, and the burgeoning use of biotechnology in articles protectable by industrial design rights. These developments have become a focal point in the negotiation of a draft Design Law Treaty (DLT) in the World Intellectual Property Organization’s Standing Committee on the Law of Trademarks, Industrial Designs, and Geographical Indications. The DLT is expected to make it easier to obtain design protection globally by limiting domestic design registration requirements. Currently, a controversy exists over a proposal allowing policy space in the draft DLT for countries to be able to require design applicants to disclose the origin of traditional cultural expressions, traditional knowledge, and biological or genetic resources used in creating protectable designs. This chapter focuses on that controversy.

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