This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law.
The book argues for the need for a unified theory of IP to elevate it as a discipline in its own right, while recognizing the diversity and nuance of IP laws. It explores how such a theory can address the challenges posed by the knowledge economy, the platform economy, the data-driven economy, and generative AI. The book views IP as a market regulatory mechanism designed to remedy market failures in public goods by providing sufficient protection to incentivize human creation and its operation and sharing across societies. It also emphasizes the need for competition law when IP oversteps its legitimate boundaries and becomes the source of other market failures. The study critically examines the TRIPS Agreement and many established stereotypes of IP theories and regimes. It offers a global perspective with a special focus on Asian considerations.
The title will be essential reading for scholars, students, practitioners and policymakers interested in regulatory reform and the evolving landscape of intellectual property law and its interaction with competition law in the digital age.