Susy Frankel

Susy Frankel
Victoria University of Wellington · Faculty of Law

About

45
Publications
10,970
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
289
Citations

Publications

Publications (45)
Article
Many investment agreements include intellectual property (IP) in the definition of ‘covered investment’ or ‘asset’. Until recently, what this means in practice has not been the center of any significant dispute. Now some IP right holders are challenging domestic IP law through investor-state arbitration. In such disputes, the interpretation of rele...
Article
Full-text available
Biological invasions are a ubiquitous global concern. Invasive species are non-native species that arrive in a new area, establish and increase in density and distribution to the detriment of the recipient environment. Such species that become invasive are a major threat to biodiversity (Vitousek and D’Antonio, 1997). Unlike inanimate risks, living...
Chapter
This chapter discusses the existing framework of compulsory licensing at the international level and the grounds upon which licences can be granted. The chapter uses that background to analyse whether patent law’s social contract is a reason in favour of compulsory licensing. The chapter finds that compulsory licensing is worthy of thorough conside...
Book
Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has...
Chapter
International intellectual property rules can be characterised as creating a degree of uniformity which is not necessarily supportive of cultural diversity. The same rules can also be interpreted as providing the framework for a variety of ways in which culturally diverse approaches and responses can be made to intellectual property law. In order t...
Article
Intellectual property includes several areas of regulation which govern access to and uses of knowledge, information and technology. In addition to having many cultural and social benefits, knowledge, information and technology are key building blocks of an innovative economy. The central and perpetual challenge of intellectual property law and pol...
Book
The digital age has prompted new questions about the role and function of copyright. Internationally, copyright has progressively increased its scope of protection over new technology and modes of distribution. Yet many copyright owners express dissatisfaction and consider that the system is not working for them. Many users of copyright material, a...
Chapter
It is axiomatic to suggest that copyright and its utility in the digital environment are important issues. There is much debate on the role and appropriate parameters of copyright (how should copyright works be available and protected online and how should fair uses work in the online environment?) especially where the availability of works is more...
Article
This opinion discusses and expands on some aspects of The Max Planck Institute for Intellectual Property and Competition Law’s “Principles for Intellectual Property Provisions in Bilateral and Regional Agreements” (MPI Principles).In trade negotiations, intellectual property has too often been used as a trade-off for other benefits. The MPI Princip...
Article
Full-text available
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc....
Article
Full-text available
La versión en español de este articulo se puede consultar en: http://ssrn.com/abstract=1966562. This chapter discusses the role and function of intellectual property chapters in Free Trade Agreements (FTAs). In the intellectual property context, FTAs are primarily used to increase the obligations of parties. Multilateral negotiations at the TRIPS C...
Article
Full-text available
This chapter is a substantive introduction to a book 'Indigenous People's Innovation: Intellectual Property Pathways to Development' (ANU epress, 2012).
Article
This chapter discusses the limited ways in which branding strategies involving trade marks and geographical indications can be used to protect traditional knowledge. The chapter concludes that these intellectual property mechanisms cannot, on their own, achieve the goals of indigenous peoples in protectiong traditional knowledge and in utilising th...
Article
Full-text available
Indigenous peoples' rights in relation to cultural traditions and the commercial exploitation of those traditions has been an issue for a considerable period of time. The increase in international trade in products or intellectual property derived from traditional knowledge has highlighted the call for protection of that traditional knowledge and t...
Article
Full-text available
The fundamental purpose of Free Trade Agreements (FTAs) is to extend the commitments that members of the World Trade Organization (WTO) have made in that multilateral forum. FTAs also frequently include commitments in areas that are outside the WTO obligations. Protection of traditional knowledge is not specifically part of the WTO framework, in pa...
Article
Full-text available
This article is about how geographical indications (GIs) cannot deliver the protection for traditional knowledge that indigenous peoples seek. There are three broad ways in which the protection of GIs appears to offer the possibility of providing legal mechanisms to protect traditional knowledge. These are the collective nature of the protection, t...
Article
Full-text available
The English version of this paper can be found at: http://ssrn.com/abstract=1862686.This chapter discusses the role and function of intellectual property chapters in Free Trade Agreements (FTAs). In the intellectual property context, FTAs are primarily used to increase the obligations of parties. Multilateral negotiations at the TRIPS Council, of t...
Article
There are many ways in which the Trans-Pacific Partnership (TPP) Agreement, if completed, will require New Zealand to change its laws to increase the level of intellectual property protection. The current agreement (known as P4), which the TPP seeks to expand, is between New Zealand, Chile, Singapore and Brunei. The expanded negotiations to the TPP...
Article
For many years, New Zealand has struggled with how to develop its economy into a knowledge-based economy. Other small market economies have faced similar issues. Intellectual property is an important aspect of such an economy, as are the copyright and other laws that protect intellectual property. In recent years, cultural producers have debated wi...
Article
This chapter discusses the several reasons why relations between New Zealand and Australia have not become closer notwithstanding the Closer Economic Relationship (CER) Agreement between the countries. The authors suggest that the experience of CER offers a salutary tale on the limits of 'old style' broad agreements in developing free trade; especi...
Article
Full-text available
It has been almost 15 years since the TRIPS Agreement came into force and its relationship with the GATT has developed in that time. The relationship between the agreements has been discussed in dispute settlement and in negotiations in the TRIPS Council. As the role of TRIPS has become more widely understood, it has become clear that its relations...
Article
Full-text available
This article discusses aspects of New Zealand’s intellectual property law and policy and examines New Zealand’s existing laws and international obligations. The article proposes that New Zealand develop a sound law of intellectual property that honours the Treaty of Waitangi and is of benefit to New Zealanders. A number of aspects of New Zealand’s...
Book
International commitments may sit uneasily with national pressures in the best of times. This age of economic uncertainty brings these tensions into sharper relief. This volume draws together thirteen analyses of this tension in a wide array of contexts, including each of the three main pillars of the World Trade Organization, international investm...
Chapter
Introduction: The TRIPS Agreement has acquired a notorious reputation. Many regard its requirements as too onerous and out of step with the economic and development needs of developing countries. Some developed countries regard it as not strong enough in some areas, such as enforcement of intellectual property rights. Since the coming into force of...
Article
Full-text available
A World Trade Organization (WTO) non-violation complaint is one where an agreement has not been breached, but the complainant alleges an expected benefit under the agreement has been abrogated. When the TRIPS Agreement came into force non-violation complaints were not available for TRIPS disputes. This position was to be reviewed. Non-violation com...
Article
This article discusses New Zealand's approach to experimental use of patents. The article focuses on the current proposal to include an experimental use provision in the patent legislation. The history of such an exception in the common law is examined. The article concludes that the introduction of an experimental use exception has been discussed...
Article
Full-text available
Barbie has become a part of popular culture and this inaugural professorial lecture uses her iconic cultural status to discuss the relationship between culture and intellectual property. Intellectual property is frequently treated in New Zealand as primarily involving economic policy. However, it is also part of cultural policy. In her inaugural le...
Article
Full-text available
This short article is part of the inaugural issue of the WIPO Journal. This article discusses how the TRIPS Agreement has been interpreted and misinterpreted and the consequences of that misinterpretation. The article concludes that the rules-based dispute settlement system has failed to provide proper guidance on interpretation of TRIPS that refle...
Chapter
Introduction All intellectual property can function as a form of trade barrier, because intellectual property rights can be used to prevent imports of goods or services. However, because intellectual property can also be welfare enhancing, TRIPS recognizes that some intellectual property protection is consistent with liberalizing trade. However, to...
Article
Full-text available
What inventions are patentable is the core issue in patent law. Lord Cooke, when he was a Court of Appeal judge, ruled that the definition of invention, under the Patents Act 1953, included the part of the Statute of Monopolies of 1623 known as the proviso. Amongst other things the proviso excludes matters that raise prices of commodities at home o...
Article
This article discusses the New Zealand Trade Marks Act 2002. The statute provides a mechanism by which interests of sections of the community, particularly Maori (the indigenous population of New Zealand) can be taken into account within the framework of the trade mark registration process. This provision is important both in New Zealand and intern...
Article
Full-text available
The WTO Dispute Settlement Understanding requires that agreements be interpreted in accordance with the customary rules of interpretation of public international law. To this end Panels and the Appellate Body have applied the Vienna Convention on the Law of Treaties, yet they have not fully applied its principles of interpretation to the TRIPS Agre...
Article
When the debate about the relationship between intellectual property and traditional knowledge began, the stance taken by both those in favour of some protection and those against protection was that traditional knowledge and intellectual property are incompatible. Indeed, the intellectual property system was not designed to protect traditional kno...
Article
In this article Susy Frankel discusses the iustifications for copyright law which form the ethical basis of copyright protection m New Zealand. It then considers how those justifications are reflected in the case law by examining two Court of Appeal judgments. The author concludes that at times the reasoning and results of individual cases lose sig...

Network

Cited By