6 Queen Mary J. Intell. Prop. 1 (2016)

handle is hein.journals/qmjip6 and id is 1 raw text is: 




Queen Mary  Journal of Intellectual Property, Vol. 6 No. 1, pp. 1-2


Editorial


The relationship between intellectual property and development has reached particular
significance in the last ten years. At the 2004 General Assembly of the World Intellectual
Property Organization (WIPO), the first proposal for the establishment of a development
agenda for WIPO   was submitted by Argentina  and Brazil, leading to WIPO's Interna-
tional Seminar on Intellectual Property and Development establishing the Provisional
Committee  on Proposals  Related to a WIPO  Development  Agenda   (2005) that would
eventually establish the Committee on Development  and Intellectual Property in 2007.
And  as this issue goes to press, the United Nations Development Programme (UNDP)
is launching its 2015 Development Report, Work for Human  Development.
   It is thus timely that this issue is devoted to the importance of development and
intellectual property.
   In 'Making  the case for a pluralistic approach to intellectual property regulation in
developing countries', Miranda Forsyth examines the relationship between intellectual
property and socio-economic  development,  and the pressure on developing and least-
developed  countries to implement  strong protection, despite possible disruption to
existing local intellectual property systems. Investigating in detail the Pacific Islands
region, Forsyth considers  the broader regulatory space, incorporating the cultural
and philosophical diversity of local systems and the potential for integration and coop-
eration between global and local systems.
   Luo Li looks at the relationship between traditional cultural expressions and conven-
tional intellectual property in China, the impact on cultural and social development, and
the practical aspects of such protection. In 'The saviour of Chinese traditional cultural
expressions? Analysis of the Draft Regulations on Copyright Protection of Folk Literary
and Artistic Works', the author considers in detail the Regulations, their legislative
history, and the implications of the potential application of intellectual property to
traditional cultural expressions in China.
   The relationship between criminality and intellectual property raises particular cultural
and social questions. In 'A historical analysis of the criminal sanctions in the Malaysian
copyright regime (1902-1969)', Ainee Adam   looks at the application of criminal law to
copyright infringement, with a particular focus on Malaysia. Examining the early copy-
right acts, the author looks at the relationship between copyright, colonialism and devel-
opment, in the context of the legal transplantation process in Malaysia.
   Geographical  Indications are of increasing interest in the international arena, inter-
secting with tradition, place and development. Mohammad Ataul Karim provides an
insightful analysis of the significance of cultural heritage to development in 'Indian
claims over Geographical  Indications of Bangladesh: sustainability under intellectual
property regime'  and highlights the need to guard against misappropriation of that
heritage through Geographical  Indications. Karim notes the importance of historical
analysis in the application of Geographical Indications and the relationship between
cultural identity and unfair competition.
   Shun-Liang  Hsu examines  the importance of research exemptions in plant breeding
and their relationship to development and sustainability. In 'A comparative study on
research exemptions  in plant breeding under intellectual property rights protection',
Hsu  analyses the differences and difficulties in the overlapping application of patents



 2016 The Author                          Journal compilation  2016 Edward Elgar Publishing Ltd
                                    The Lypiatts, 15 Lansdown Road, Cheltenham, Glos GL50 2JA, UK
                          and The William Pratt House, 9 Dewey Court, Northampton MA 01060-3815, USA

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