Date of this Version


Document Type

Book Chapter

Publication Details

Submitted Version.

Arup, C. & van Caenegem, W. (2009). Themes and prospects for intellectual property law reform. In C. Arup & W. Van Caenegem (Eds.), Intellectual property policy reform: Fostering innovation and development. Cheltenham, United Kingdom: Edward Elgar.

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2009 HERDC submission. FoR Code: 1801

© Copyright Christopher Arup and William van Caenegem, 2009.

Reproduced with permission.




This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognised. The original contributions then show how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative directives, default principles, administrative practices, contractual terms and licence specifications.



This document has been peer reviewed.


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