Dinwoodie, Graeme B. --- "Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property Law" [2011] ELECD 443; in Kur, Annette; Mizaras, Vytautas (eds), "The Structure of Intellectual Property Law" (Edward Elgar Publishing, 2011)

Book Title: The Structure of Intellectual Property Law

Editor(s): Kur, Annette; Mizaras, Vytautas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448766

Section: Chapter 1

Section Title: Remarks: ‘One Size Fits All’ Consolidation and Difference in Intellectual Property Law

Author(s): Dinwoodie, Graeme B.

Number of pages: 12

Extract:

1. Remarks: `one size fits all'
consolidation and difference in
intellectual property law
Graeme B. Dinwoodie*1

1. INTRODUCTION

This volume is dedicated, like the two ATRIP congresses on which it is
based, to the overall theme of whether `one size fits all' in intellectual
property law. Are there sufficient commonalities among the component
parts of our field that we could realistically construct a unitary body of
intellectual property law?
More specifically, this contribution will consider whether the `one size
fits all' inquiry might be informed by an assessment of changes in the
objectives or purposes of intellectual property protection. Have such
changes made a `one size fits all' solution more or less likely, and more or
less desirable?


2. ONE SIZE FITTING ALL

Before getting to the specific questions of `purpose' and `objectives', I
would like first to introduce the different dimensions to the overall ques-
tion of `one size fitting all', which will be explored in greater detail in later
chapters.
There are a number of different inquiries that might be subsumed by the
question of whether `one size fits all' in intellectual property law.




* Professor of Intellectual Property and Information Technology Law, Faculty

of Law, University of Oxford; Director, Oxford Intellectual Property Research
Centre; Professorial Fellow, St. Peter's College, University of Oxford.

3
4 The structure of intellectual property law

2.1. A Single Intellectual Property Right?

First, as perhaps best reflected in a project undertaken by the Intellectual
Property in Transition team,1 who starting ...