Beiträge in Sammelwerken
Immaterialgüter- und Wettbewerbsrecht
Immaterialgüter- und Wettbewerbsrecht
From Minimum Standards to Maximum Rules
From Minimum Standards to Maximum Rules in: Hanns Ullrich et al. (
Partly born out of frustration about the incessant demands for increased intellectual property (IP) protection in the post-TRIPS era, calls for the introduction of mandatory limits for such protection have become vibrant over the last decade, leading to a number of initiatives and, recently, to the adoption of the first international IP treaty that is primarily geared towards limitations and exceptions. This chapter gives an overview on the background and current state of the movement towards maximum rules, discusses the potential benefits and drawbacks of the approach, the relationship with obligations resulting from previous IP treaties, and possible ways forward.