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Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme B. Dinwoodie
Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme B. Dinwoodie
Graeme B. Dinwoodie
This contribution to a symposium on Copyright and The Constitution considers whether the Treaty Clause provides an alternative source of copyright lawmaking authority with respect to enactments impermissible under the Copyright Clause. Existing literature suggests three paradigmatic positions on the question. First, some scholars view the Treaty Clause as conferring a power whose content is wholly subservient to the limits of the Copyright Clause. A second group of scholars sees the Treaty Clause as offering an alternative lawmaking authority, but one that is substantially limited by the internal limits of the Treaty Clause. Finally, some commentators and litigants have read …
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme B. Dinwoodie
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme B. Dinwoodie
Graeme B. Dinwoodie
Although the technological community was once fairly united in its needs from the patent system, the recent debate over patent reform has made it clear that this is no longer the case. Rather, it has become increasingly difficult to believe that a one–size–fits–all approach to patent law can survive. In this brief contribution to a symposium tackling Diversity in Innovation Policy, we consider the ways in which intellectual property obligations, most notably the TRIPS Agreement, circumscribe the ability of national lawmakers to tailor patent protection to reflect the concerns of different industries. In particular, we propose that TRIPS art. 27, …