The symbiotic relationship between global contracts and the international IP regime
Year: 2009
Type: article
Abstract: This article examines the increasing use of contracts and licensing agreements in relation to IP and information on a global level and whether contract law will spell the ultimate demise of the IP property regime (‘IIPR’). This article reviews the factual and legal contexts to show that the threatened abandonment of IIPR is grossly exaggerated. The dynamic and symbiotic relationship between the IIPR and contracts means that creative uses of global contracts and licensing agreements such as Creative Commons licences can be used not only to develop and harmonize IP rights and standards internationally but also to preserve the relevance of the IIPR. The article is useful for IP practitioners and policymakers because it explains the symbiotic relationship between the IIPR and contracts, discusses why contracts per se do not hinder the development and aims of the IIPR, and cautions against attempts to limit freedom of contract in relation to IP rights.
DOI: 10.1093/jiplp/jpp088
Author: M. A. C. Dizon
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2139180293