Maximising Permissible Exceptions to Intellectual Property Rights

Edward Elgar, THE STRUCTURE OF INTELLECTUAL PROPERTY LAW: CAN ONE SIZE FIT ALL, A. Kur, V. Mizaras, eds., 2011

U of Melbourne Legal Studies Research Paper No. 553

12 Pages Posted: 22 Aug 2011

Date Written: August 22, 2011

Abstract

Much attention has been paid in recent times by academics and policy-makers to the issue of exceptions to IP rights, and in particular to the issue of the extent to which the ‘three-step test’ in international treaties restrict the ability of national legislatures to introduce new exceptions to IP rights. Unfortunately, much of the published discussion on this topic suffers from a failure to properly conceptualize the nature of exceptions to IP rights. This chapter seeks to remedy some of these failures. In particular, it seeks to provide a reasoned conceptualization of the nature of exceptions and limitations. Then, building on that conceptualization, this chapter offers an insight into how, in a practical manner, a national legislature can maximize the scope of permissible activities in respect of IP rights while remaining compliant with the three-step test.

Keywords: IP rights, intellectual property law

JEL Classification: K00, K19, K39

Suggested Citation

Christie, Andrew F., Maximising Permissible Exceptions to Intellectual Property Rights (August 22, 2011). Edward Elgar, THE STRUCTURE OF INTELLECTUAL PROPERTY LAW: CAN ONE SIZE FIT ALL, A. Kur, V. Mizaras, eds., 2011, U of Melbourne Legal Studies Research Paper No. 553, Available at SSRN: https://ssrn.com/abstract=1914080

Andrew F. Christie (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

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