Object and Purpose of Intellectual Property

Edited by Susy Frankel, FRSNZ, Professor of Law and Chair in Intellectual Property and International Trade, Te Herenga Waka, Victoria University of Wellington, New Zealand

• Contents:IntroductionSusy FrankelPart I: Cultural Objectives and Development Goals1. From ‘Oomoo’ to ‘Oro’: Nostalgia Labels and Cultural Policy on the Australian Trade Marks RegisterMegan Richardson, Julian Thomas and Jill Klein2. A Successful Recalibration of Patent Law vis-à-vis Mātauranga Māori? A Case Study of Mānuka (Leptospermum Scoparium)Jessica C. Lai3. 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. Cadogan4. New Frameworks for the Ownership and Licensing of Traditional Knowledge Associated with Genetic Resources in AfricaEnyinna NwauchePart II: Designs and Packaging and the Purpose of International and Regional Frameworks5. Designing Disclosure: Disclosure of Cultural and Genetic Resource Utilisation in Design Protection RegimesMargo A. Bagley6. Lost in Communication: A Few Thoughts on the Object and Purpose of the EU Design ProtectionAnna Tischner7. Tobacco Plain Packaging, Human Rights and the Object and Purpose of International Trade Mark ProtectionGenevieve WilkinsonPart III: Innovation and Enforcement Objectives in the European Union8. Patents, Supplementary Protection Certificates and Data Exclusivity at the Service of PharmaceuticalsŻaneta Pacud9. Developing Policies that Leverage Research and Innovation to Retain Socio-Economic Benefits – The Strategic Use of Intellectual Property Helen Yu10. Patent Invalidation and Legal CertaintyChristoph Ann11. Intellectual Property Rights in a Digital Environment: An EU Wide Mapping of Available Legislative Enforcement MeasuresAna Nordberg and Knud WallbergPart IV: Aspects of Copyright and their Relationship to Overall Purpose 12. Use and Abuse of Neighbouring Rights and the Growing Need for a Sound Understanding -The case of Online News Protection in EuropeValentina Moscon13. Making Derivative Works without Authorisation and the Interpretation of Originality and Creativity Under Thailand’s Copyright LawChongnang Wiputhanupong14. The Collective Management System of Copyright and Related Rights in Europe -Competitive Aspects Maria Letizia BixioIndex

‘The book boasts numerous strengths . . . the authors of the book, under the masterful baton of Susy Frankel, succeed in providing not only valuable contributions to the IP scholarship, but also an up-to-date, highly informative, methodologically sound and thought-provoking perspective on the goals of modern globalised IP laws.’