For this volume, the editors asked the authors to write a personal reflection based on their scholarly experience on events and processes that significantly affected their perception of trends in the field of intellectual property law. (pg. xiii) The result is eight essays from academics on distinct areas of intellectual property law from various parts of the world, which provides an excellent history of the changes to intellectual property law in the past five decades. All the authors note how intellectual property law was a small specialty area of the law just a short time ago. The essays are written in a range of styles; some are written as an analytical retrospective of personal experience and others are in an academic interest to understand unexpected developments. (pg. xiii)
Niklas Bruun considers employee inventions. He points out the changing of society as people no longer work for one company their whole life. As a result, individual employees need to be recognized for their creations. Bruun examines how Human Rights laws provide a bases in international law to recognize employee's interest.
Thomas Cottier discusses how intellectual property law is traditionally a horizontal relationship with the government enforcing rights between two people. However, international intellectual property law requires a vertical relationship with the government through public law. At its core intellectual property law amounts to market regulation by the government. International agreements define how governments will treat foreign interests effecting intellectual property rights.
Annette Kur describes the relationship between trademark, unfair competition principles and consumer protections. Trademark protections have expanded, especially in the EU, since the 1980s. She argues for a more balanced approach that supports competition while still protecting the proprietor-consumer relationship.
Hector L. MacQueen delves into the changes to copyright law because of the digital revolution. These changes included the introduction of the idea of ‘temporary’ or ‘transient’ copying as infringement and changing approaches to the concept of fair dealing exceptions to rights. (pg. 84)
Dianne Nicol examines patents and their effects on scientific research in areas like human genes. In industries with rapid evolution patents can create monopolies that hinder innovation. She argues for changes like compulsory licensing and experimental use that will favor collaboration.
Sam Ricketson looks at intellectual property rights relating to trade. He feels it is important to look not just at the ‘black letter’ law but also to get perspective from history on the context and background. (pg. 126)
Jayashree Watal contemplates drug patents and its effects on developing countries, particularly India. While big multilateral treaties have created a durable foundation for intellectual property protections, through his role as a negotiator in the TRIPS agreement and other treaties, Watal thinks in areas like access to medicine bilateral agreements will be the norm.
Zhou Lin reviews copyright law in China related to artist. He argues that a good piece of legislation requires freedom of information, openness, and participation. (pg. 198) Through Lin's look at resale rights he concludes that a legal provision or system that has been successful abroad may not necessarily be beneficial for China. (pg. 199)
This book is best suited for people that have a background in international intellectual property law. All the authors talk about international treaties and case law with little or no descriptions, sometimes just using acronyms. For a novice on the subject, it can require some background reading. The essays do have plenty of footnotes providing citations and some details. There is also an index in this volume which may be helpful to individuals looking for a certain topic as the essays cover broad subject matters.
The essays do provide a good historical overview of international intellectual property law, pointing out the challenges with any agreements of such a large scale (many different points of view and level of power) in a rapidly changing area of society. The technological issues of the 1970s are quite different from today, but the law changes slowly. As Nicol notes in her essay, intellectual property rights can encourage development by the holder but can stifle further innovation by others (pg. 101).
