Author(s): Bizer, Kilian; Lankau, Matthias; Spindler, Gerald; Zimbehl, Philipp
Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387
Volume: 2;
Issue: 2;
Start page: 114;
Date: 2011;
Original page
Keywords: Sui generis | traditional cultural expressions | policy | private ordering | law and economics
ABSTRACT
Within the international communitythere have been many calls for better protection oftraditional cultural expressions (TCEs), for which clas-sic instruments of intellectual property rights do notseem to fit. In response, at least five model laws havebeen advanced within the last 40 years. These are re-ferred to as sui generis because, though they gener-ally belong to the realm of intellectual property theystructurally depart from classic copyright law to ac-commodate the needs of the holders of TCEs. Thepurpose of this paper is to provide a well-foundedbasis for national policy makers who wish to imple-ment protection for TCEs within their country. This isachieved by systematically comparing and evaluatingeconomic effects that can be expected to result fromthese regulatory alternatives and a related system orprivate ordering. Specifically, we compare if and howprotection preferences of local communities are metas well as the social costs that are likely to arise fromthe different model laws
Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387
Volume: 2;
Issue: 2;
Start page: 114;
Date: 2011;
Original page
Keywords: Sui generis | traditional cultural expressions | policy | private ordering | law and economics
ABSTRACT
Within the international communitythere have been many calls for better protection oftraditional cultural expressions (TCEs), for which clas-sic instruments of intellectual property rights do notseem to fit. In response, at least five model laws havebeen advanced within the last 40 years. These are re-ferred to as sui generis because, though they gener-ally belong to the realm of intellectual property theystructurally depart from classic copyright law to ac-commodate the needs of the holders of TCEs. Thepurpose of this paper is to provide a well-foundedbasis for national policy makers who wish to imple-ment protection for TCEs within their country. This isachieved by systematically comparing and evaluatingeconomic effects that can be expected to result fromthese regulatory alternatives and a related system orprivate ordering. Specifically, we compare if and howprotection preferences of local communities are metas well as the social costs that are likely to arise fromthe different model laws
