From Parallel Play to Constructive Engagement: A Proposal for Plan B
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Description
The international IP system has been highly successful at creating strong incentives to innovate. However, this regime is flawed since it does not encourage constructive engagement and cooperation that typify maturation. International IP law has paid little attention to developing approaches to cross-border interactions and the spill-over effects of national laws. Therefore, the establishment of alternative regimes—that this article calls 'Plans B'—for constructive engagement is necessary, since they must weigh the balance between proprietary exclusive rights and public interests and must permit widespread use of resources protected by private rights. Marrakesh VIP Treaty constitutes a valid template to which the Plan B could refers, since it facilitates local and transborder distribution of copyrighted materials in a format accessible to the visually impaired. However, there is also a great deal of limits in taking Marrakesh VIP Treaty as a template. Moreover, in relation to the production of vaccine during the COVID-19 pandemic, many countries viewed compulsory licensing as the way to ensure sufficient supplies. To be fully effective, the Plan B must include a regime for compulsory licensing and permit the transfer of what TRIPS calls undisclosed information. In terms of coordination, TRIPs or Marrakesh VIP Treaty's template are too difficult to adapt to the Plan B. A more modest approach may be more practical. Plan B should therefore focus narrowly on providing a structure for international engagement concerning the use of intellectual property during episodes of global crisis.
Source Publication
Reforming Intellectual Property
Source Editors/Authors
Gustavo Ghidini, Valeria Falce
Publication Date
2022
Recommended Citation
Dreyfuss, Rochelle C., "From Parallel Play to Constructive Engagement: A Proposal for Plan B" (2022). Faculty Chapters. 1158.
https://gretchen.law.nyu.edu/fac-chapt/1158
