Digital copyright & knowledge equilibrium : regional considerations for appropriate IP theory, policy and legislative paradigms in the digital era
- Publication Type:
- Thesis
- Issue Date:
- 2007
Closed Access
| Filename | Description | Size | |||
|---|---|---|---|---|---|
| 01Front.pdf | contents and abstract | 858.56 kB | |||
| 02Whole.pdf | thesis | 38.47 MB |
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NO FULL TEXT AVAILABLE. Access is restricted indefinitely. ----- Advances in technology, particularly digital technology, not only fundamentally change the rules of
information distribution and dissemination, and bring about great challenges for traditional copyright laws,
but also generate profound effects on international IP trade, knowledge economy, civil society,
globalization, and the changing international socio-economic and legislative environment in general. With
the widened application of technology in recent years, copyright law's sphere of influence now extends to
almost all disciplines and all corners of the world. Copyright laws, along with other Intellectual Property
Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright
law now plays an increasingly important role in the creation of business fortunes, the access to and
dissemination of knowledge, and human development in general. In response to technology-driven
challenges, a number of international IP treaties and IP related bilateral/regional trade agreements have
been established to harmonize and strengthen the protection of copyright and other IPRs. Particularly, in
recent years, the rise of bilateralism/regionalism further is fundamentally changing the landscape and
context of IP/ knowledge distribution.
Overly strong IPR requirements in Bilateral Trade Agreements (BTAs)/Regional Trade Agreement (RTAs)
not only intensify the inherent imbalance in a copyright regime and benefit conflicts between developing
and developed nations, but also intensify the "knowledge divide/digital divide" worldwide. Thus, the
question of how to establish proper copyright policy and law in order to facilitate the resolution of
potential international IP trade conflicts and contribute to harmony between copyright protection and
social development has become an important issue that all countries have to face up to in the digital age.
The thesis examines major problems in the current IPR regime, particularly the copyright regime, in the
context of digitization, knowledge economy, and globalization. The thesis "contends that the final goals of
IP law and policy-making are to enhance the progress of science and economic development, and the use
and even-distribution of intellectual resource at the global level. By referring to major international IP
consensus, recent developments in regional IP forums and the successful experiences of various countries,
the author of the thesis is able to provide specific theoretical, policy and legislative suggestions for
addressing current copyright challenges. The thesis contends that each nation should strengthen the
coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous
approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available
measures work collectively to deal with digital challenges and in a way that contributes to the
establishment of a knowledge equilibrium international society. When an immediate international
consensus on international IPR reform is not easily achievable, regional and domestic solutions (regional
digital development agenda and copyright templates/ law models) may serve as appropriate stepping
stones for future multilateral solutions.
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