Document Type
Article
Publication Title
Michigan Journal of International Law
Abstract
In this paper, we examine the effects of the shift from quantitative to a qualitative solidification of the IP landscape. In the first two sections, we choose examples from these rather extensive agreements to demonstrate how the evolution of international lawmaking, which may well have started as a purposive response by post-industrial economies, is all too rapidly eclipsing incentive rationales for intellectual property protection. Using recent controversies over the working requirement and tobacco packaging, we next look at how commodification and assetization alter the debate over protecting creative output and to the loss of flexibility and diminished public access. While our major contribution lies in making the cumulative effect of these successive changes salient, we end by suggesting ways that governance at the international level could be improved to avoid the negative impact of reconceptualization.
First Page
557
Volume
36
Publication Date
2015
Recommended Citation
Dreyfuss, Rochelle C. and Frankel, Susy, "From Incentive to Commodity to Asset: How International Law Is Reconceptualizing Intellectual Property" (2015). Faculty Articles. 106.
https://gretchen.law.nyu.edu/fac-articles/106
