Book Review: Diversity in Intellectual Property: Identities, Interests and Intersections by Irene Calboli and Srividhya Ragavan, eds
Susanna H S Leong
Citation: [2016] Sing JLS 385
It is true that the term "intellectual property" ("IP") may give to the uninitiated_x000D_
the impression that it refers to a homogenous or unified subject matter. It is also_x000D_
true that not too long ago, at most a couple of decades, the then-prevailing thought_x000D_
leadership in IP was that in order to promote trade and to create a level playing field,_x000D_
a gradual harmonisation of IP rights in the world by the incorporation of minimum_x000D_
standards into international trade agreements was both necessary and justifiable. It_x000D_
is further true that the IP protection regime, perceived as a unified body of law, has become an integral part of international trade negotiations and has never been more economically and politically important than the present day. Nevertheless, the quest for a "one size fits all" regime in the IP system has increasingly been subject to question particularly in light of the fact that IP comprises historically distinct regimes of patent, copyright and trade mark law which differ greatly in terms of historical origins, policy objectives, scope of protection as well as social and commercial impact; even as we acknowledge that the rationale for protection is based primarily on theories of utilitarian incentives. Considered from this perspective, diversity is thus an integral and unique trait of IP that must be constantly borne in mind as well as embraced as we navigate the plethora of issues in this complex area.