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Full-Text Articles in Law

Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law Dec 2014

Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman Dec 2014

Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman

Georgia Journal of International & Comparative Law

No abstract provided.


Appropriation Without Representation? The Limited Role Of Indigenous Groups In Wipo's Intergovernmental Committee On Intellectual Property And Genetic Resources, Traditional Knowledge, And Folklore, Veronica Gordon Jan 2014

Appropriation Without Representation? The Limited Role Of Indigenous Groups In Wipo's Intergovernmental Committee On Intellectual Property And Genetic Resources, Traditional Knowledge, And Folklore, Veronica Gordon

Vanderbilt Journal of Entertainment & Technology Law

The World Intellectual Property Organization's (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) is currently engaged in text-based negotiations to develop an international legal instrument, or set of instruments, that will effectively protect traditional knowledge, traditional cultural expressions, and genetic resources. Yet, the people who will arguably be most affected by the ultimate instrument(s)--indigenous peoples and local communities--are not able to fully participate in these negotiations. Instead, WIPO deems them "Observers." They cannot formally present proposals, amendments, or motions, and cannot vote at IGC sessions. Thus, their limited influence implicates questions of equity, sovereignty, …


The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law, Margot E. Kaminski, Shlomit Yanisky-Ravid Jan 2014

The Marrakesh Treaty For Visually Impaired Persons: Why A Treaty Was Preferable To Soft Law, Margot E. Kaminski, Shlomit Yanisky-Ravid

Publications

This paper addresses the debates leading up to the recently adopted international treaty on copyright exceptions for the visually impaired, the Marrakesh International Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. This treaty was successfully adopted by the World Intellectual Property Organization (WIPO) in June 2013.

Leading up to the negotiation of this instrument, multiple UN member states pushed for the instrument to be negotiated as soft law instead of a treaty. We argue that making this instrument soft law would have precluded its success. WIPO thus correctly chose to …