Exceptions & Limitations to IPR

To be acceptable, any system of intellectual property rights has to strike a balance, on the one hand, between providing incentives and rewards to the right holder, and on the other hand facilitating access to and widespread diffusion and adoption of fruits of creativity and innovation. Thus the challenge is to create and fine tune the balance between the interests of the inventor or creator and that of society in an optimum manner. The unlimited grant or exercise of rights without corresponding and appropriate limitations and exceptions has serious adverse long-term implications not only for development priorities, but indeed for the creative and innovation process itself. As users, creators themselves need an appropriate level of access, and as potential creators, users also require an appropriate incentive structure. Limitations and exceptions are positive enabling doctrines that function to ensure that intellectual property law fulfills its ultimate purpose of promoting essential aspects of the public interest. This book is an interesting study in to this.