Innovation, Economic Development, and Intellectual Property in India and China

This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors

The Artists’ Resale Right Directive 2001/84/EC: a socially orientated reconceptualisation – fomenting social inclusion and remunerative parity

Due to the nature of their work visual artists enjoy a unique place within copyright law. Not only do these creators benefit in the main from the right of reproduction but also from the value attached to the original artefact embodying the protected work. Framed accordingly it might seem that visual artists are particularly well positioned to benefit from this remunerative duality, traditionally however, this has not proven to be the case. Throughout history visual artists have sold their work at a mere fraction of the work’s inherent value, a value that would only later be realised by subsequent purchasers. Recognising this inequity the droit de suite developed with the objective of adequately rewarding visual artists for their exploits by connecting their recompense with the work’s subsequent resale value. As the right spread through Europe it often embodied a social security function that distributed funds to benefit elderly, needy and emerging visual artists. Despite an express EU social mandate, today’s EU equivalent, the Artists’ Resale Right (ARR) Directive 2001/84/EC is shorn of any such social responsibility. The question that this thesis addresses is whether visual artists would be better served under a resale rights rubric that reflects its original social function. This investigation brings to the fore the liminality of the resale right as part copyright, part income security; distributing royalties to successful visual artists while contemporaneously providing a social net to those less fortunate. In considering whether a theoretical justification exists to support this liminality the thesis investigates the dialectic of Hegel’s personality theory and social citizenship. By advancing the idea of citizens’ duty to one another, social citizenship provides the theoretical basis upon which the aforementioned construction is justified, and in doing so excludes a strictly individualistic understanding of the artists’ resale right that is largely economically orientated and copy-centric. The primary conclusion of this thesis is that the ARR Directive would better serve visual artists at the margins of our society by adopting a redistributive, social function, redolent of the extant ARR models of Germany and Norway