The Policy Space in International Intellectual Property Law

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The Policy Space in International Intellectual Property Law presents a critical and original examination of the policy space in international intellectual property law through the unique lens of glocalisation. Distinguishing between the unregulated local space and the regulated glocal space as distinct components of this policy space, it contends that it is within the glocal space that states can resist or adapt the globalising waves flowing from the international intellectual property system. It discusses both the contours and the components of this glocal space. It further highlights the important role that the WTO’s adjudicatory bodies play in preserving this glocal space in international intellectual property law.

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Emmanuel Kolawole Oke, Ph.D. (2015), University College Cork, is Lecturer in International Intellectual Property Law at Edinburgh Law School, University of Edinburgh. He has published monographs and many articles on the interface between intellectual property and other areas of international law.
Acknowledgements

1Introduction
 1 The ‘Glocal’ Nature of Contemporary Intellectual Property Rights

 2 The Local, the Glocal, and the Global: Glocalisation as an Autonomous Concept

 3 Methodological Glocalism and the Glocal Space in the International Intellectual Property System

 4 A Roadmap for the Rest of This Book


2Framing the Boundaries of the Glocal Space in the International Intellectual Property System
 1 Introduction

 2 The Principle of Territoriality in International Intellectual Property Law
 2.1 Territoriality in the International Intellectual Property System

 2.2 The National Treatment Standard in the International Intellectual Property System

 2.3 The Most-Favoured-Nation Treatment Standard in the International Intellectual Property System


 3 The Object and Purpose of the trips Agreement
 3.1 ‘Object and Purpose’ and the Interpretation of the trips Agreement

 3.2 ‘Object and Purpose’ and the Implementation of the trips Agreement


 4 Conclusion


3The Glocal Space in International Copyright Law
 1 Introduction

 2 Copyright Protection at the International Level

 3 The Components of the Glocal Space in International Copyright Law
 3.1 The Three-Step Test in Article 13 of the trips Agreement

 3.2 The Interface between Article 10(2) of the Berne Convention and Article 13 of the trips Agreement

 3.3 Exceptions for Educational Purposes in an Online Context and the wct


 4 Conclusion


4The Glocal Space In International Patent Law
 1 Introduction

 2 Patent Protection at the International Level

 3 The Components of the Glocal Space in International Patent Law
 3.1 The Patentability Criteria in Article 27.1 of the trips Agreement

 3.2 Exceptions to Patent Rights and Article 30 of the trips Agreement
 3.2.1 The Stockpiling Exception and Article 30 of the trips Agreement

 3.2.2 The Regulatory Review Exception and Article 30 of the trips Agreement

 3.2.3 The Relationship between Article 27.1 and Article 30 of the trips Agreement


 3.3 Compulsory Licenses, Government Use, and Article 31 of the trips Agreement

 3.4 The Protection of Undisclosed Information, Data Exclusivity, and Article 39.3 of the trips Agreement


 4 Conclusion


5The Glocal Space in International Trademark Law
 1 Introduction

 2 Trademark Protection at the International Level

 3 The Components of the Glocal Space in International Trademark Law
 3.1 Protectable Subject Matter and Article 15 of the trips Agreement

 3.2 The Rights of a Trademark Owner and Article 16 of the trips Agreement
 3.2.1 The Scope of the Exclusive Right of a Trademark Owner and Article 16.1 of the trips Agreement

 3.2.2 Well-Known Trademarks and Articles 16.2 and 16.3 of the trips Agreement


 3.3 Exceptions to Trademark Rights and Article 17 of the trips Agreement

 3.4 Requirement of Use to Maintain Registration and Article 19 of the trips Agreement

 3.5 The Imposition of Special Requirements on the Use of Trademarks and Article 20 of the trips Agreement
 3.5.1 The Encumbrance of the Use of a Trademark in the Course of Trade by Special Requirements

 3.5.2 When is the Use of a Trademark in the Course of Trade ‘Unjustifiably’ Encumbered?

 3.5.3 Is it Necessary to Consider Alternative Measures under Article 20 of the trips Agreement?

 3.5.4 The Role of the fctc in the Australia – Plain Packaging Dispute and Implications for Non-wto Law in wto Disputes


 3.6 Licensing and Assignment of Trademarks and Article 21 of the trips Agreement


 4 Conclusion


6The Glocal Space in International Geographical Indications Law
 1 Introduction

 2 The Protection of Geographical Indications at the International Level

 3 The Glocal Space in Section 3 of Part ii of the trips Agreement
 3.1 The Glocal Space in Article 22 of the trips Agreement
 3.1.1 Article 22.2 of the trips Agreement

 3.1.2 Articles 22.3 and 22.4 of the trips Agreement


 3.2 The Glocal Space in Article 23 of the trips Agreement

 3.3 The Glocal Space in Article 24 of the trips Agreement
 3.3.1 Article 24.3 of the trips Agreement

 3.3.2 Article 24.4 of the trips Agreement

 3.3.3 Article 24.5 of the trips Agreement

 3.3.4 Articles 24.6 to 24.9 of the trips Agreement


 4 Conclusion


7The Glocal Space in the Enforcement of Intellectual Property Rights
 1 Introduction

 2 The Global Rules for the Enforcement of Intellectual Property Rights

 3 The Components of the Glocal Space in Part iii of the trips Agreement
 3.1 The Glocal Space in Article 41 of the trips Agreement

 3.2 The Glocal Space in Article 42 of the trips Agreement

 3.3 The Glocal Space in Article 46 of the trips Agreement

 3.4 The Glocal Space in Article 51 of the trips Agreement

 3.5 The Glocal Space in Article 59 of the trips Agreement

 3.6 The Glocal Space in Article 61 of the trips Agreement


 4 Conclusion


8Conclusion

Index

This book is aimed at students, postgraduate researchers, academics, policymakers at the national level, and those involved in negotiations on intellectual property standards at various bilateral, plurilateral, and multilateral forums.