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7 Queen Mary J. Intell. Prop. 1 (2017)

handle is hein.journals/qmjip7 and id is 1 raw text is: 




Queen Mary Journal of Intellectual Property, Vol. 7 No. 1, pp. 1-2


Editorial


Welcome   to Volume  7 Issue 1 of the Queen Mary  Journal of Intellectual Property.
Volume  7 is published at a moment in history characterized by turbulence and uncer-
tainty in national identities and political behaviours. From the United Kingdom's vote
to exit the European Union, to the re-situation of international politics to the realm of
social media, the emphasis on the local and personal in political and legal development
is becoming overwhelming  and indeed potentially limiting with respect to the interplay
of cultures and diversity within the international community.
   The interaction between national interests, international relationships, and cultural
identities also characterizes the present unsettled climate for intellectual property
development  and implementation. The  authors in this issue examine this relationship
between  legal developments, national identity and prosperity, and cultural values and
diversity through a range of jurisdictions and areas of intellectual property.
   Shamnad   Basheer considers the relationship between history, national priorities,
and the pressures of international industrial interests in the development of India's
patent regime in 'Making patents work: of IP duties and deficient disclosures'. Basheer
notes that the regime exploits flexibilities available at the international level in order
to respect national and cultural priorities, at the same time attracting criticism of this
approach  as parochial and obstructive to conventional understandings of incentives
and development  in global innovation and trade. In this context, Basheer considers in
detail the requirements for 'disclosure' as an example of innovative developments in
the regime that facilitate education and knowledge transfer through patents, provid-
ing insight into the wider cultural and social import of the patent regime, creating
important duties in respect of intellectual property rights. Concentrating on pharma-
ceuticals and high  technology  in particular, Basheer examines   the relationship
between  disclosure, transparency, and innovation.
   In 'Whither China's protection of geographical indications?', Zhao Xiaoping pro-
vides an important and useful insight into the interaction between cultural interests,
regional development,  and geographical  indications, through the case of Qinzhou-
huang  Millet, the only case to have been considered by the Supreme People's Court
(SPC)  of China. An  especially important  aspect of this discussion is the way in
which multiple regimes are involved in the legal rendering of geographical indications,
leading to a potentially fractured and uncertain impression of the subject matter at
stake. As the author explains, it is like the parable of the blind men and an elephant,
where  each party studies a different part of the elephant and is left with a completely
different impression of what they are experiencing, resulting of course in total dis-
agreement. In the case of Qinzhouhuang  Millet, the author explains that the curious
interaction of regimes results in multiple identities, from geographical indication to
trade mark, resulting in uncertainty when it comes to characterization and enforcement
in the courts. The author argues for sui generis GI protection in order to clarify more
meaningfully this area of intellectual property, so important for regional development,
rural life, and cultural identities.
   Mohammad Ataul Karim explores geographical indications in   the context of indi-
genous  and traditional knowledge in 'Protection of handicraft as geographical indi-
cations under municipal law, TRIPs and BTAs vis-t-vis CETA: Bangladeshi Jamdani
as case study'. Karim notes that the traditional knowledge incorporated in handicrafts


0 2017 The Author                          Journal compilation 0 2017 Edward Elgar Publishing Ltd
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