Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and creativity. Artists strive to be "original," however the term is understood by each of them. It is also one of the major concepts in copyright law. This paper considers the evolution of the notion of originality since 2002 (when one of the coauthors published an article entitled Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law) and continues the analysis, in particular whether the notion of "creative choices," which seems to have substantial normative heft in several jurisdictions, is optimal when measured in more operational terms. The paper considers the four traditional silo-like notions of originality used in national legal systems and looks at the major international treaties for guidance in defining the parameters of an international notion of originality. It analyzes the silos and suggests that they take the form of constellations which cannot be defined or compared hierarchically or indeed as completely separate notions; rather, they overlap in myriad ways
This article considers the impact of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS) in developing countries. After an initial phase of “paper compliance” with TRIPS, followed by efforts to manage the welfare costs of its implementation, a number of developing countries are looking at ways to optimize the implementation or reimplementation of the agreement to foster domestic competitiveness and innovation. One part of the equation involves attracting technology‐intensive foreign direct investment. Another involves enhancing local innovation potential. Surfing the wave of outsourcing, which increasingly targets higher knowledge functions, a number of developing countries are becoming globally competitive innovators and displacing the geographical centres of innovation, with substantial political and economic impacts.
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