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Looptijd:
2006 - tot voltooiing
Website: http://www.common-core.org/
Auteurs:
L. Guibault
Samenvatting :
The Questionnaire focuses on
competing interests in information that asserts legal protection. The questionnaire
does not deal with the boundary between information that can claim legal
protection and information that does not. Thus, it deliberately neglects
the debate about statutory patentability requirements,
as well as the distinction
between discovery
and invention. Instead,
the questionnaire sets out to shed limelight on colliding interests that
come to light in protected information. The legally conceived accommodation of conflicts of interests after a property in information has been
granted is at the heart of the research interest.
The questionnaire
aims at identifying the diverging and converging public policy responses
to those conflicts. The academic interest is the identification of emerging
rules and principles – that were originally
hosted inside the statutory rules of IP-law. Thus, it sets out to first
redescribe the structures of the seemingly new colliding interests. Therefore,
a broad enough range of colliding interests
are addressed. Building
on this identified structure in IP-law, the reflection on the mediation of
the conflict of interest is at the center
of the endeavour. The threefold “formants”-structure of the standard
Trento-Questionnaire appears to be a useful guide as it pushes for the explicit
formulation of underlying policy reasons. Contempory information law is widely
regulated by statutes on the international, European and national level.
Yet, the body of statutory law focuses on the creation of rights and the
relation between competitors. Other competing interests are left either to
public regulation or to the national judiciary. Without discriminating against
the statutory law and its reasoning, the project focusses on emerging rules
reflecting boundaries of IP-rights.
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