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Does One Size Fit All? A Comparative Study To Determine An Alternative To International Patent Harmonization, Rohan K. George
Does One Size Fit All? A Comparative Study To Determine An Alternative To International Patent Harmonization, Rohan K. George
Cornell Law School Inter-University Graduate Student Conference Papers
The Agreement for Trade Related Aspects of Intellectual Property Rights (TRIPS) was ratified by a majority of the countries of the world in 1994 as a precondition to membership in the World Trade Organization. Today, 153 of the countries of the world are parties to the TRIPS Agreement. The effect of the TRIPS Agreement was to create the first international substantive standards of patent harmonization, and to cause many countries to adopt intellectual property laws far stronger than they had in existence at the time. Today, the process of patent harmonization initiated with the TRIPS Agreement moves forward, through a …
Toward A Public Trust Doctrine In Copyright Law, Haochen Sun
Toward A Public Trust Doctrine In Copyright Law, Haochen Sun
Cornell Law School Inter-University Graduate Student Conference Papers
As a full-fledged legal tool in property and environmental law, the public trust doctrine has played an important role in deterring inappropriate exploitation of natural resources and improving protection of the environment. In this article, I explore the possibility of introducing the public trust doctrine into copyright law and explain why we need to expand the use of the public trust doctrine from natural resources to knowledge and information as informational resources. By and large, I demonstrate that compared with the Copyright Clause and the First Amendment, the public trust doctrine, if introduced into copyright law, can create more effective …