I have started this essay intoduction and a bit of the main body i need 2500 more words to get to 3300 words I need more to it with more sources and i must use OSCOLA referencing style I have a detailed structure question of the essay i ” Is international law addressing the challenges of intellectual property rights in a globalized world?”
In order to address this question, you must:
• Identify two themes covered in the teaching in this module
• Identify the challenge that each theme has presented to international intellectual property law
• Critically evaluate the way in which the law has addressed that challenge”
I. Introduction (approximately 300 words)
– Provide an overview of the topic and the key challenges that intellectual property rights (IPRs) face in a globalized world.
– Introduce the two main themes that will be covered in the essay and their significance in the context of international law.
– Outline the structure of the essay and the approach that will be taken to address the question.
II. Theme 1: Harmonization of Intellectual Property Rights (approximately 1,500 words)
A. The Challenge of Harmonization
– Explain the need for a harmonized international framework for IPR protection due to the globalization of trade and the interconnectedness of the world economy.
– Discuss the barriers created by differences in national laws and regulations, and the impact on the free flow of knowledge, technology, and creative works across borders.
B. The Legal Response
1. Paris Convention for the Protection of Industrial Property (1883)
– Outline the basic principles established for the protection of patents, trademarks, and industrial designs.
– Discuss the significance of this convention in laying the foundation for international IPR cooperation.
2. Berne Convention for the Protection of Literary and Artistic Works (1886)
– Explain the framework provided for the international protection of copyright.
– Analyze the impact of the Berne Convention on the harmonization of copyright laws globally.
3. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994)
– Discuss the minimum standards established by TRIPS for the protection and enforcement of IPRs, including patents, copyrights, and trademarks.
– Evaluate the role of TRIPS in promoting harmonization and addressing the challenges of IPRs in a globalized world.
C. Evaluation and Critique
– Assess the effectiveness of these international agreements in harmonizing IPR laws and regulations across different countries.
– Discuss the limitations and criticisms of the harmonization approach, such as the tension between national sovereignty and international cooperation.
– Analyze the ongoing challenges and the need for further harmonization efforts to address the evolving landscape of intellectual property in a globalized world.
III. Theme 2: Balancing Incentives and Access (approximately 1,500 words)
A. The Challenge of Balancing Incentives and Access
– Explain the tension between providing adequate incentives for innovation and creativity, and ensuring reasonable access to intellectual property for the public good.
– Discuss specific areas where this challenge is particularly acute, such as access to essential medicines, digital content and copyright, and traditional knowledge and indigenous rights.
B. The Legal Response
1. Compulsory Licensing Provisions in TRIPS
– Explain how the compulsory licensing provisions in TRIPS allow the production of generic medicines in certain circumstances to improve access.
– Analyze the effectiveness and limitations of these provisions in addressing the access to essential medicines challenge.
2. New Copyright Models (e.g., Creative Commons)
– Discuss the development of alternative copyright models, such as Creative Commons, to facilitate the sharing and reuse of digital content.
– Evaluate the impact of these new models on balancing the interests of creators and the public.
3. Protection of Traditional Knowledge and Indigenous Rights
– Outline the recognition of traditional knowledge and the establishment of frameworks for the protection of indigenous rights, such as the United Nations Declaration on the Rights of Indigenous Peoples.
– Assess the effectiveness of these legal mechanisms in addressing the challenges of traditional knowledge and indigenous rights in a globalized context.
C. Evaluation and Critique
– Analyze the effectiveness of the legal responses in addressing the balance between incentives and access.
– Discuss the ongoing challenges and the need for a more comprehensive and nuanced approach to strike the right balance.
– Explore the potential role of alternative mechanisms, such as public-private partnerships and innovative financing models, in addressing the access to knowledge and technology challenges.
IV. Conclusion (approximately 200 words)
– Summarize the key findings and the overall evaluation of how international law is addressing the challenges of intellectual property rights in a globalized world.
– Highlight the progress made and the remaining challenges, as well as the need for continued evolution and adaptation of the international legal framework to keep pace with the rapidly changing global landscape of intellectual property.
– Provide a final assessment of the effectiveness of international law in addressing the identified challenges an
