Rhetoric for Access

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Authors: Vandana Mahalwar
Cited by: 0

Abstract

Abstract Bringing together the various threads of the book, the concluding chapter presents a comprehensive synthesis of the study. It notes that in the global unequal circumstances, the claim of the copyright regime being ‘balanced’ and ‘balanceable’ does not work in a practical sense. However, the public interest objectives given in the TRIPS Agreement are mostly construed to include public interest in accessing the knowledge. This interpretation, however, remains intellectual property-centric and views users’ access rights as an exception to it. This chapter emphasizes that a country may tailor the limitations and exceptions as per its local needs; however, final responsibility lies with the national courts, which have to interpret the provisions keeping in mind the country’s policy objectives.

Fields of Study & Subjects

Intellectual Property Law Intellectual Property and Patents Law AI and Intellectual Property

Publication details

Journal / source
Oxford University Press eBooks
Pages
189–198
Publication date
5 March 2026
Language
EN
Document type
Book chapter