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Series

Environmental Law

2013

Faculty Publications

Copyright; intellectual property; public domain; Canada; environmental law; precautionary principle

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The Precautionary Principle And Its Application In The Intellectual Property Context: Towards A Public Domain Impact Assessment, Graham Reynolds Jan 2013

The Precautionary Principle And Its Application In The Intellectual Property Context: Towards A Public Domain Impact Assessment, Graham Reynolds

Faculty Publications

This chapter considers whether the precautionary principle - a central element of contemporary environmental law and policy - can be usefully applied in the intellectual property context as a means through which the public domain can be protected. Assuming the importance of the public domain, and arguing that expansions in intellectual property protection risk harming the public domain, this chapter contends that it is appropriate to apply the precautionary principle in the intellectual property context in order to guard against harm to the public domain; suggests several ways in which a precautionary principle (or a precautionary approach) could be applied in the ...