Susy Frankel uses examples of small market economies to provide a unique insight on global intellectual property issues.

Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge.

This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.

Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.

Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.