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Journal of International Economic Law 1998 1(4):603-606; doi:10.1093/jiel/1.4.603
© 1998 by Oxford University Press
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Intellectual property

Lord Sydney Templeman

Law Lord (Retired), House of Lords, London, UK

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.


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 International Political Science Review/ Revue internationale de science polHome page
A. Lanoszka
The Global Politics of Intellectual Property Rights and Pharmaceutical Drug Policies in Developing Countries
International Political Science Review/ Revue internationale de science pol, April 1, 2003; 24(2): 181 - 197.
[Abstract] [PDF]


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