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Global Dimensions of Intellectual Property Rights in Science and Technology (1993) / Chapter Skim
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Discussion
Pages 351-354

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From page 351...
... Paradigms exist for this kind of protection, in the German copyright law, the law of petty patents, or the old German Gebrauchsmuster. On the other hand, concern was expressed that sufficient attention has not been given to the problems inherent in sui generis statutes.
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From page 352...
... The uncertainty of developing new intellectual property law leads legislators to be very cautious and makes them reluctant to speculate about possible future new technologies. A staff member of the House Judiciary Committee offered a series of contrasting perspectives on the SCPA of 1984.
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From page 353...
... The question was raised whether sui generis approaches and international harmonization of IPR laws are contradictory, particularly Riven that the United States and Japan did not response to this concern was that sui , , ~ - , c, accept the Washington Treaty. One generis approaches are somewhat at odds with harmonization, but that there are going to be problems in harmonization even if the traditional paradigms are used, because courts in different countries may not reach the same decision.
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From page 354...
... The negotiating positions of Brazil and India in the GATT talks on {PRS prefigure this change. If the goal is a lasting and stable global order, nations must move beyond imposition or adoption of one particular country's model to reach a consensus about a model or variety of models that respect cultural differences.
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Key Terms

  • generis approaches
  • property law
  • generis approach
  • software directive
  • washington treaty

  • copyright law
  • inventive step
  • broader claims
  • mask work
  • concerns expressed

  • semiconductor chip
  • own broader
  • professor barton
  • statutory provisions
  • beyond imposition

  • consuming public
  • protection act
  • strong economic
  • paradigms exist
  • respect cultural

  • audience argued
  • leads legislators
  • computer networks
  • international agreements
  • computer interfaces

  • politically controversial
  • generis statutes
  • traditional paradigms
  • work protection
  • german gebrauchsmuster


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