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Edited Legal Collections Data |
Book Title: Governance of Intellectual Property Rights in China and Europe
Editor(s): Lee, Nari; Bruun, Niklas; Li, Mingde
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781783478200
Section Title: Introduction
Author(s): Lee, Nari; Bruun, Niklas
Number of pages: 2
Abstract/Description:
Intellectual property (IP) law performs a number of complex functions in society. One important purpose of IP is to foster innovation and creativity in a society. In meeting this important purpose, the system of IP has evolved where international models and international treaties have become important, although the significant decision making for institutional design and norms is in the hands of national authorities and policymakers. In contemporary history, the legal development of IP law, which is marked by ‘an import’ of foreign legal institutions and concepts from elsewhere, has often been described as legal transplant. As the norms of international IP are increasingly connected to culturally and locally sensitive resources, the debate on the suitability and consequences of legal transplants has become a sensitive issue debated at a global level. Scholars of IP law have only sporadically attempted to provide an analysis of legal transplants and their anecdotal consequences. The definitions as well as the measurement of success or failure of legal transplants, as well as what follows after, have not been fully explored. The literature may present the recipient nation’s successful legislative changes as evidences of a successful legal transplant. To understand the impact in full, their efficacy in achieving the objectives that they are devised to achieve needs further exploration. Moreover, the influence of foreign norms, institutions and practice needs to be critically analysed from a comparative law perspective, to assess how they function in the local socio-economic environments, after initial transplant
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URL: http://www.austlii.edu.au/au/journals/ELECD/2016/249.html