Frankel, Susy --- "Introduction" [2019] ELECD 1528; in Frankel, Susy (ed), "The Object and Purpose of Intellectual Property" (Edward Elgar Publishing, 2019) 1

Book Title: The Object and Purpose of Intellectual Property

Editor(s): Frankel, Susy

Publisher: Edward Elgar Publishing

Section Title: Introduction

Author(s): Frankel, Susy

Number of pages: 5

Abstract/Description:

Much of the debate around the parameters of intellectual property protection and the extent of how flexible the law should be, at both national and international levels, relates to policies and views about what the law is supposed to achieve. Also relevant to the debate is whether the law reflects its underlying justifications and whether those justifications come to fruition or whether other outcomes are occurring. Put differently, are intellectual property laws and their application achieving their objectives and purposes? The different objectives and rationales that underpin national regimes are variously reflected in international agreements, which also have their own object and purpose. The international agreements embody many objectives and the various rules for minimum standards for intellectual property protection are the vehicles to achieve those objectives. National regimes, which are collectively called intellectual property, also make up aspects of the ‘object and purpose’ of international treaties, to quote the words of Article 31 of the Vienna Convention on the Law of Treaties. The object and purpose of intellectual property include copyright’s role in encouraging creativity based on utilitarianism and natural rights; patent law’s connection to innovation policy and the encouragement of invention; and trade mark law’s business and consumer information-supporting functions.