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.
Download Info
To our knowledge, this item is not available for
download. To find whether it is available, there are three
options:
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page
whether it is in fact available.
3. Perform a search for a similarly titled item that would be
available.
Volume (Year): 1 (1998) Issue (Month): 4 (December) Pages: 603-06 Download reference. The following formats are available: HTML
(with abstract),
plain text
(with abstract),
BibTeX,
RIS (EndNote, RefMan, ProCite),
ReDIF
Handle: RePEc:oup:jieclw:v:1:y:1998:i:4:p:603-06
Contact details of provider: Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK Fax: 01865 267 985 Email: Web page: http://www.jiel.oupjournals.org/
For technical questions regarding this item, or to correct its listing, contact: (Christopher F. Baum).
Related research
Keywords:
Cited by: (explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)