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Intellectual Property

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  • Templeman, Sydney

Abstract

Prior to his appointment to the UK House of Lords as a Law Lord, Lord Templeman authored a seminal opinion on exhaustion of rights and parallel importation in the field of trademarks: Revlon v Cripps & Lee. This paper reflects on the nature of the rights characterized as 'intellectual property'. It is argued that the term 'intellectual property' is a pernicious fiction because it acts to disguise the creation and enforcement of monopolies which are contrary to the public interest. A number of specific recommendations are made to minimize the injurious effects of these monopolies. These include: adopting a more receptive attitude toward compulsory licensing; examining the books of patent holders, including pharmaceutical companies, to determine how monopoly profits are being spent; increasing attention to the impact of the TRIPS Agreement on developing countries; and, recognizing a universal doctrine of exhaustion of rights. Copyright 1998 by Oxford University Press.

Suggested Citation

  • Templeman, Sydney, 1998. "Intellectual Property," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 603-606, December.
  • Handle: RePEc:oup:jieclw:v:1:y:1998:i:4:p:603-06
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    Cited by:

    1. Giovanni B. Ramello, 2003. "Copyright and antitrust issues," Chapters, in: Wendy J. Gordon & Richard Watt (ed.), The Economics of Copyright, chapter 7, pages 118-147, Edward Elgar Publishing.
    2. J. D. Stanford, 2003. "Economic Analysis Of The Droit De Suite– The Artist's Resale Royalty," Australian Economic Papers, Wiley Blackwell, vol. 42(4), pages 386-398, December.
    3. Lall, Sanjaya, 2003. "Indicators of the relative importance of IPRs in developing countries," Research Policy, Elsevier, vol. 32(9), pages 1657-1680, October.

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