Category Archives: Law and Development
Nicholas Mouttotos, ‘The UNIDROIT Principles on International Commercial Contracts and sustainable development’
ABSTRACT A number of motivations currently drive multinational corporations to the inclusion, monitoring, and enforcement of contract requirements for sustainability. These can be either as a result of investor demand for environment, social, and governance policies; regulatory requirements for inclusion of such contract stipulations; or the increasing litigation for conduct leading to environmental harm, but […]
Ramseyer and Evans, ‘What Makes Private Law Transitions Succeed: Lessons from Japan and from Around the World’
ABSTRACT At some point in the growth of successful economies, informal customary rules of contract, tort, and property are replaced by or supplemented by formal private laws. These transitions sometimes succeed and sometimes fail. Yet little research has examined why. What scholarship exists often asserts that success requires new formal private law rules to have […]
‘Rethinking Intellectual Property and Social Justice – A Rich Resource with Comparative Lessons’
The Cambridge Handbook of Intellectual Property and Social Justice (Steven D Jamar and Lateef Mtima, eds 2024). As I have long argued, intellectual property represents a neglected dimension of the global structures affecting equity and redistribution, and I welcome a new volume dedicated to this essential nexus of law and justice, The Cambridge Handbook of […]
Xiaoqian Hu, ‘Property and Prosperity: A Demythifying Story’
ABSTRACT Commonsense wisdom holds that legal protection of private property rights is essential for economic growth. China presents a ‘puzzle’ for commons-ense wisdom. Scholars agree that China achieved tremendous growth in the past 40 years – without formal property law, and more specifically, without a legal system to recognize and protect private property rights. This […]
Faith Majekolagbe, ‘The International Copyright System and Development: The Role of the World Intellectual Property Organization’
ABSTRACT As the main international organisation formed to promote intellectual property (including copyright) policies globally, the World Intellectual Property Organization (WIPO) has an important role to play in positioning the international copyright system towards better support for access to knowledge and human development. The 2007 WIPO Development Agenda introduced a development dimension into WIPO’s mandate. […]
Faith Majekolagbe, ‘Copyright, Access to Knowledge, and the United Nations’ Sustainable Development Goals’
ABSTRACT Knowledge and knowledge embedded goods are critical in meeting the basic needs of humanity such as food, education, and health care – all of which are reflected in the Sustainable Development Goals (SDGs). It is not enough to create knowledge, its accessibility on fair terms should also be facilitated for the overall benefit of […]
‘Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development’
This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof Jacques de Werra (University of Geneva). Marking the 16th volume in the propriété intellectuelle – intellectual property collection, this book features contributions by seven authors. The chapters emerged following the Journée de […]
Keshava and Gupta, ‘A Study on Intellectual Property Rights and Economic Development in India’
ABSTRACT Human beings are blessed with a significant characteristic of intelligence which helps them to develop new ideas and creativity. These ideas lead to innovations in various fields like literature, art, science, technology and many more. Intellectual Property Rights (IPR) helps the creator to safeguard his work from being misused. India also supports IPR framework […]
Taysir Awad, ‘Universalizing Copyright Fair Use: To Copy, or Not to Copy?’
ABSTRACT This Article thoroughly examines the universal shift toward the US fair use doctrine. It begins with an elucidation of the fair use doctrine and its foreign counterparts, briefly explaining the history and function of each doctrine and differentiating them from one another. The Article then delves into the aspirations of foreign countries that have […]
Francesca Mazzi, ‘The intersections between Artificial Intelligence, Intellectual Property, and the Sustainable Development Goals’
ABSTRACT The Sustainable Development Goals (SDGs) represent the main hope for peace and prosperity in the near future, according to the 2030 UN Agenda. Artificial Intelligence (AI) is a significant technological advancement of the Fourth Industrial Revolution. Intellectual Property (IP) is the system that incentivises innovation worldwide. These three areas influence each other. This chapter […]