- Subject index
This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.
Chapter 3: The Idea of International Intellectual Property
The Idea of International Intellectual Property
‘Intellectual property’ is sometimes understood as a concept that transcends culture and history. International treaties such as the Berne and Paris Conventions and Trade Related Intellectual Property Rights (TRIPS) impose requirements on signatories about harmonization and substantive minima as if the principles around which signatories should harmonize were apparent and readily deducible. When recognized as a term that is of recent vintage, first used by a federal court in the United States only in the 1940s and made part of international agreements with the creation of the World Intellectual Property Organization in the 1970s, the historical and cultural contingency of intellectual property belies the perception of universalizability. Even those who adopt a ...