Wednesday 4 April 2012

IPKat reports on Patry lecture

There is an excellent report on the Institute of Brand and Innovation Law (IBIL) lecture by William Patry, Goolge's Senior Copyright Counsel, over on the IPKat, written by Annsley Merelle Ward. It's a great read, full of some challenging and informative ideas, not least a clear explanation of 'regulatory capture' and how legislation is influenced by lobbyists those who are regulated.

Here's just some flavour for our 1709 readers:

"The primary role of a good leader, Patry suggested, is to shape and introduce copyright laws that people will obey. Many policy makers, politicians and government officials state that they have to focus on the enforcement of intellectual property laws because if they do not focus on enforcement, then lack of effective enforcement will erode exclusive IP rights and then the whole IP system is weakened. Patry disagreed that this “top-down” approach is effective and argued that it can lead to laws which do not reflect societal norms. Good copyright policy focuses on introducing and shaping laws that most people want to obey. Where, as in copyright law, most infringement occurs in private it is especially important that laws are created that people will obey. Strong copyright leadership will therefore focus on creating these types of laws from the societal perspective, and not from the “top down” perspective. If the “top-down” approach did not work for God and Moses on Mount Sinai, it is not going to work for copyright law, mused Patry."

Its all at

Part I here

Part II here

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