The symbiotic relationship between global contracts and the international IP regime

• Published in: Journal of intellectual property law & practice Vol. 4; no. 8; pp. 559 - 565
• Main Author: Dizon, Michael Anthony C.
• Format: Journal Article
• Language: English
• Published: Oxford University Press 01-08-2009
• ISSN: 1747-1532; 1747-1540
• DOI: 10.1093/jiplp/jpp088

Legal context
This article examines the increasing use of contracts and licensing agreements in relation to IP and information on a global level and whether contract law will spell the ultimate demise of the IP property regime ('IIPR').
Key points
This article reviews the factual and legal contexts to show that the threatened abandonment of IIPR is grossly exaggerated. The dynamic and symbiotic relationship between the IIPR and contracts means that creative uses of global contracts and licensing agreements such as Creative Commons licences can be used not only to develop and harmonize IP rights and standards internationally but also to preserve the relevance of the IIPR.
Practical significance
The article is useful for IP practitioners and policymakers because it explains the symbiotic relationship between the IIPR and contracts, discusses why contracts per se do not hinder the development and aims of the IIPR, and cautions against attempts to limit freedom of contract in relation to IP rights.