(2005) 2:4 SCRIPTed 415–548
Issue DOI: 10.2966/scrip.020405
Volume 2, Issue 4, December 2005
Welcome to the last issue of 2005. This is the list of contents:
- Intellectual Property, Competition and Human Rights: the past, the present and the future
Abbe Brown and Charlotte Waelde, pp.417-421
We were delighted that Professor Paul Geroski, then Chairman of the UK Competition Commission, was able to join us for our expert working group meeting in December 2004. Paul’s contribution to our proceedings was excellent. He was engaged and informed and made valuable contributions to our debate – provoking and stimulating input from the participants. It was the first time that many of us had met Paul. With his warm and engaging personality we had firm hopes that Paul would become a regular member of our group. Sadly that was not to be. As will be known to many readers, Paul died in the summer of 2005. We dedicate this collection of papers, to which he contributed, to his memory.
- Intellectual Property Rights, Competition Policy and Innovation: Is There a Problem?
Paul A. Geroski, pp.422-428
- The Interface Between Intellectual Property Rights and Competition in Developed Countries
Valentine Korah, pp.429-443
- Human Rights and Competition Law: Possible Impact of the Proposed EU Constitution
Neil MacCormick, pp.444-451
- Towards Utopia or Irreconcilable Tensions? Thoughts on Intellectual Property, Human Rights and Competition Law
Hector L MacQueen, pp.452-466
- HUMAN RIGHTS-Relevant Considerations in respect of IP and Competition Law
E.S. Nwauche, pp.467-484
- Socially responsible intellectual property: a solution?
Abbe E. L. Brown, pp.485-513
This article reviews the extent to which the present global IP system contains an inherent imbalance between the rights of IP owning corporations and IP users, and the public benefit. It also studies the potential relevance of human rights in redressing any imbalance within existing institutional and legal fora. The article focuses on the relevance of corporate social responsibility (“CSR”) related concepts, particularly in conjunction with legal human rights based arguments, to redress any imbalance by tempering the global conduct of IP owning corporations; how this new approach could be enforced, if at all, and the resulting lessons for IP and its future.
- Of Otakus and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law (Appendix)
Jordan S. Hatcher, pp.514-542
The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.