Intellectual Property

Sydney Templeman

Journal of International Economic Law, 1998, vol. 1, issue 4, 603-06

Abstract: Prior to his appointment to the UK House of Lords as a Law Lord, Lord Templeman authored a seminal opinion on exhaustion of rights and parallel importation in the field of trademarks: Revlon v Cripps & Lee. This paper reflects on the nature of the rights characterized as 'intellectual property'. It is argued that the term 'intellectual property' is a pernicious fiction because it acts to disguise the creation and enforcement of monopolies which are contrary to the public interest. A number of specific recommendations are made to minimize the injurious effects of these monopolies. These include: adopting a more receptive attitude toward compulsory licensing; examining the books of patent holders, including pharmaceutical companies, to determine how monopoly profits are being spent; increasing attention to the impact of the TRIPS Agreement on developing countries; and, recognizing a universal doctrine of exhaustion of rights. Copyright 1998 by Oxford University Press.

Date: 1998
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