| Editorial |
- Welcome Message
Professor Hector MacQueen, p.1-2
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- Why SOL?
Andrés Guadamuz, p.3-4
- Comparative Aspects of Personality
Rights: Research Project and Case Studies
Dr Charlotte Waelde, p.5-11
The AHRC Research
Centre for Studies in Intellectual Property and Technology Law is
currently undertaking a five-year study of personality rights.
This is a comparative analysis of the measures instituted in a
variety of jurisdictions to protect different aspects of the human
personality, such as image, identity, personal privacy, dignity
and related economic interests. As part of this project,
co-directors have devised a series of case studies, the purpose
being to discover not only if there is a commonality in the ethic
underlying the protection of personality, but also to ascertain at
what level the public interest might operate to restrict or define
the scope of the rights. The Centre has developed a web-based
resource of cases that highlight the range of issues that can
arise and the different means used to protect the underlying
interests. This is a dynamic resource which is being developed on
an on-going basis. The Centre welcomes visitors to the site and
contributions both on the cases contained therein and on other
issues or cases from legal systems around the world.
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| Peer-reviewed articles |
- Global pharmaceutical patents after the Doha
Declaration – What lies in the future?
Erik Alsegård, pp.12-45
The purpose of this article is
to analyse how developments after the Doha Declaration went wrong; how
developing countries can best be helped by IPR legislation; and whether
such help can be achieved without taking away the incentives for
industry to develop medicines. It is submitted that a legal framework
maintaining the global protection of IPRs is needed, especially in
developed countries, but that such a framework must allow for compulsory
licensing in separate, regional “generic markets”, and must further
create effective barriers for (re-)import into other countries than
those targeted by the compulsory licence. This proposal would create a
large market currently unused, in which pharmaceuticals could be
produced and sold more cheaply, while protecting developed countries
from importation of generic drugs. This way, compulsory licensing should
work as a tool to promote innovation whilst also protecting public
health globally.
- Illuminating European Trade Marks?
Abbe E L Brown, pp.46-57
An analysis of recent
developments in European trade mark law and a consideration of the
future for trade marks and harmonisation of trade mark law in Europe,
with particular reference to less conventional trade marks.
- Traditional Knowledge and the International Context for Protection
Johanna Gibson, pp.58-82
This paper traces the
relationship between traditional knowledge and biodiversity and examines
the current discussions towards achieving such protection through the
international intellectual property system. This paper will concentrate
on the particular cultural and legal problems associated with the
protection of indigenous intellectual property, specifically in terms of
medicinal and agricultural knowledge and the impact of the Trade Related
Aspects of Intellectual Property Rights Agreement and the Convention on
Biological Diversity. The apparently conflicting relationship between
these two international instruments will be addressed. In reviewing
attempts to acknowledge the role of indigenous and traditional
communities in the management and sustainable development of biological
resources, this paper argues for authority and capacity with respect to
resources to vest in the community. This is maintained in recognition of
the significance of this relationship of community to its resources, to
the facilitation of community development through appropriate assurance
of traditional resource relationships, within an international legal
system of obligations towards biological and cultural diversity.
- Are ‘Agent’ Exclusion Clauses a Legitimate
Application of the EU Database Directive?
Jimi Groom, pp.83-118
This article explores the implications of the
implementation of the European Database Directive in the area of
autonomous agents and the use of exclusion tools in the part of database
owners to stop agents accessing their works.
- A Turn-up Down Under: McFarlane in the
Light of Cattanach
Prof. J K Mason, pp.119-135
The current position as to
recovery of damages for the upkeep of a healthy child born as the result
of a negligent sterilisation has been disturbed by the decision of the
High Court of Australia in Cattanach v Melchior. The High Court rejected
the recent ruling of the House of Lords in McFarlane v Tayside Health
Board and decided in favour of recovery by a majority of 4:3. This paper
reviews the antecedent litigation and analyses the conflicting opinions
of the seven-judge bench in Cattanach. The likely effect on the common
law within the Commonwealth is considered in anticipation of the
imminent House of Lords decision in Rees v Darlington Memorial Hospital
NHS Trust.
- Open Source Software: Why is it here and will it stick around?
Kimmo Nikulainen, pp.136-159
This paper
discusses the details behind the Open Source Software development scheme
by looking at some of the most prevalent licences, and then by asking
the question of whether Open Source will survive the legal battles that
are starting to affect it, in particular the SCO v IBM case.
- Human Dignity and the Commercial
Appropriation of Personality: Towards a Cosmopolitan Consensus in
Publicity Rights?
Olaf Weber, pp.160-204
This article is concerned with
the commercial appropriation of human personality and its regulation in
different legal systems. Where accepted, so called “publicity rights”
allow for the exclusive commercial exercise of a persona’s publicity
values. A tradable worth can be found in many personal characteristics
such as voice, signature or pseudonym. Predominantly, however, it
accrues to one’s name and likeness. It is argued that such potential
rights are inherent in every human being.
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