Intellectual Property Futures: Exploring the Global Landscape of IP Law and Policy

by Graham J. Reynolds (Editor), Alexandra Mogyoros (Editor), Teshager W. Dagne (Editor), Bassem Awad (Contribution by), Sara Bannerman (Contribution by)

Overview

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are climate change; armed conflicts; the COVID—19 pandemic; economic changes to work; technological shifts including those relating to the internet and artificial intelligence, and their role in society; and growing recognition of the inequities that exist within and between societies as well as the ways in which these inequities are reinforced and maintained through systemic discrimination and ongoing colonialism.

Given these developments, changes, and crises, what is the future of IP law and policy? Featuring contributions from scholars from across Canada and around the world, this collection offers insights into eighteen possible futures for the global IP system.

Collectively, these chapters re—envision international agreements; rethink Canadian IP law; argue for the creation of space for Indigenous legal traditions; highlight the promises and perils of technology as it relates to IP; expose inequities and injustices, and provide possible pathways to correct them.

Product Details

ISBN-13:	9780776645360
Publisher:	Les Presses de l'Université d'Ottawa/University of Ottawa Press
Publication date:	11/11/2025
Series:	Law, Technology, and Media
Pages:	540
Product dimensions:	6.00(w) x 9.00(h) x 1.09(d)

About the Author

Bassem Awad (Contributor)
Bassem Awad is an Assistant Professor and Director of the Area of Concentration in Intellectual Property, Information and Technology law in the Faculty of Law at the University of Western Ontario.

Sara Bannerman (Contributor)
Sara Bannerman is Canada Research Chair in Communication Policy and Governance and Professor of Communication Studies at McMaster University.

Mauro Barelli (Contributor)
Mauro Barelli is Professor of International Law at City St George's University of London.

Enrico Bonadio (Contributor)
Enrico Bonadio is Professor of Law at City St George's University of London.

Andrea Cabello (Contributor)
Andrea Cabello is Associate professor at the Department of Economics at the University of Brasilia.

Naama Daniel (Contributor)
Naama Daniel is Research Fellow, Federmann Cyber Security Research Center – Cyber
Law Program at the Hebrew University of Jerusalem and Deputy Legal Adviser to the Economic Affairs Committee, the Israeli Parliament (on sabbatical).

Cheryl Dine (Contributor)
Cheryl Dine is a PhD candidate at City St George’s University of London.

Mistrale Goudreau (Contributor)
Mistrale Goudreau is full professor at the Civil Law Section of the University of Ottawa.

Gregory Hagen (Contributor)
Gregory R. Hagen is Associate Professor of Law at the University of Calgary.

Johnny Mack (Contributor)
Johnny Mack (Haynahmeek, Toquaht Nation) is Assistant Professor at the Allard School of Law and Co—Director of Indigenous Legal Studies.

Lisa Macklem (Contributor)
Lisa Macklem is a legal scholar specializing in copyright, entertainment and media law.

Faith Majekolagbe (Contributor)
Faith O. Majekolagbe is Assistant Professor at the Faculty of Law, University of Alberta, and a Faculty Associate at Harvard University’s Berkman Klein Center for Internet and Society.

Richard Overstall (Contributor)
Richard Overstall is a former mining geologist who drifted into research for public—interest and indigenous groups, including coordinating expert opinion evidence for the Gitxsan and Wet’suwet’en plaintiffs in the Delgamuukw aboriginal title trial.

Anmol Patel (Contributor)
Anmol Patel is a PhD candidate at the University of Ottawa and a Research Assistant with OpenAIR and ABS—Canada. He holds an LLM
from the University of Toronto and a BBA—LLB from India.

Andelka Phillips (Contributor)
Andelka M. Phillips is Academic Affiliate at HeLEX Centre, University of Oxford and an Affiliate at the Bioethics Institute Ghent, Ghent University.

Luciano Povoa (Contributor)
Luciano Póvoa is a Legislative Advisor for microeconomic policy at the Brazilian Federal Senate.

Cody Rei—Anderson (Contributor)
Cody Rei—Anderson is Lecturer in Law and Technology at Edinburgh Napier University.

Anthony Rosborough (Contributor)
Anthony D. Rosborough is Assistant Professor of Law & Computer Science at Dalhousie Universityand Doctoral Researcher at the European UniversityInstitute in Florence, Italy.

Myra Tawfik (Contributor)
Myra Tawfik is Distinguished UniversityProfessor and the inaugural Don Rodzik Family Chair in Law and Entrepreneurship at the University of Windsor.

David Watson (Contributor)
David J. Watson is a PhD candidate in Law at Peter A. Allard School of Law, at the University of British Columbia.

Peter Yu (Contributor)
Peter K. Yu is UniversityDistinguished Professor, Regents Professor of Law and Communication, and Director of the Center for Law and Intellectual Property at Texas A&M University.

Graham J. Reynolds (Editor)
Graham Reynolds is Associate Professor at UBC’s Peter A. Allard School of Law. Dr. Reynolds’ teaching and research focus on the intersection of intellectual property and human rights.

Alexandra Mogyoros (Editor)
Alexandra Mogyoros is Assistant Professor at the Lincoln Alexander School of Law, Toronto Metropolitan University. Dr. Mogyoros’ research focuses on trademark law, brands, trust, and expression in online spaces.

Teshager Dagne (Editor)
Teshager W. Dagne is Associate Professor at York Universityand holds an Ontario Research Chair in Governing Artificial Intelligence. Dr. Dagne’s research and teaching focus on the intersections of AI, intellectual property, and development.

Read an Excerpt

This book offers the reader insight into aspects of eighteen possible futures for elements of the global IP system, crafted by twenty—three authors. These eighteen chapters, collectively, re—envision international agreements; rethink Canadian IP law; argue for the creation of space for Indigenous legal traditions; highlight the possibilities and perils of technology as it relates to IP; expose inequities and injustices, and provide pathways to correct them. They push the boundaries of what IP is, and what it can accomplish. This set of interventions, many of which have been crafted by early career scholars who are themselves the future of IP, provide a compelling set of possibilities for the future of the global IP system; a set of possibilities that if embraced and adopted would help create a more just, inclusive, and compassionate IP system. It is now up to us to do what we can to help realize these possibilities.

Table of Contents

List of Figures
Foreword
Acknowledgements
Introduction
Graham J. Reynolds, Alexandra Mogyoros, and Teshager W. Dagne

Part I: International Treaties

CHAPTER 1
Towards an International Treaty on Copyright Limitations and Exceptions for Education and Research
Faith O. Majekolagbe

CHAPTER 2
Breeders’ and Farmers’ Rights: Navigating the Tension Between UPOV and UNDROP
Mauro Barelli, Enrico Bonadio, and Cheryl Dine

CHAPTER 3
TRIPS and Its Futures
Peter K. Yu

Part II: Canadian Intellectual Property Law

CHAPTER 4
Putting Copyright in Its Place: How Copyright History Can Help Chart the Future of the Global IP System
Myra Tawfik and Sara Bannerman

CHAPTER 5
Protection of AI—Generated Images in Canadian Copyright Law: Charting a Narrow Path to Originality
Cody Rei—Anderson

CHAPTER 6
Artificial Intelligence Generated Inventions and the Quest for a Normative Framework
Bassem Awad

CHAPTER 7
Tribulations of Open—Ended Concepts in Copyright Law
Mistrale Goudreau

CHAPTER 8
The Uncertain Future of Patented Medicine Price Regulation
Gregory R. Hagen

Part III: Traditional Cultural Expression and Indigenous Legal Traditions

CHAPTER 9
Bottom—up Law—Making: A Critical Legal Pluralist’s View of a Soft Legal Instrument for the Governance of Traditional Cultural Expressions
Anmol Patel

CHAPTER 10
The Performance of Law
Richard Overstall

CHAPTER 11
Thinking Differently: Creating Spaces of Autonomy for the Revitalization of Indigenous Legal Traditions in the Context of Copyright
Johnny Mack and Graham J. Reynolds

Part IV: Technology and Intellectual Property

CHAPTER 12
International Source Code Secrecy and the Characterization of Intellectual Property as National Security
Anthony D. Rosborough

CHAPTER 13
Location, Location, Location: The Future of Intellectual Property in Light of Private International Law
Naama Daniel

CHAPTER 14
Artificial Intelligence and Challenges for the Patent System: An Economic Perspective

CHAPTER 15
Owning Me, Owning You—How Private Companies Acquire Rights in Our Most Intimate Data
Andelka M. Phillips

Part V: Intellectual Property, Inequality, and Human Rights

CHAPTER 16
The Future of Geographical Indication Protection in Developing Countries—Is It the Answer to Rural Development, Food Security, and More?
David J. Watson

CHAPTER 17
Public Interest, Human Rights, and Copyright: The Road Less Travelled?
Lisa Macklem

CHAPTER 18
Unseen Hands, Invisible Rights: Unmasking Digital Workers in the Shadows of AI Innovation and Implications for the Future of Copyright Law
Teshager W. Dagne


Author Biographies

Editorial Reviews

IP’s Futures offers a far—reaching exploration of the places intellectual property (IP) may be headed. It covers all the predominant areas of copyright, patent, and trademark law, and also highlights frontier topics reshaping the field. Control over information is assessed in new ways, linking trade secrecy with national security, assessing the protection of intimate data, interrogating drug price regulation, and recognizing private ordering across borders. Legal pluralism is central to the collection of well—integrated enquiries, illuminating the role of Indigenous law alongside other knowledge governance systems. Rather than simply re—hashing established debates, these chapters push the boundaries of our thinking, empowering readers to both understand and shape the emerging issues in IP.

A key strength of this collection is how it contextualizes the major forces driving change in IP. Technological shifts are examined with particular emphasis on artificial intelligence. Economic transformations—including labour practices and the future of work—are also scrutinized through analysis of agricultural production and rural development. The contributors delve into geopolitical dynamics, reflecting on global economic integration, international trade, and how these factors reverberate across the IP ecosystem. Alongside these technological, economic, and political perspectives, the collection grapples with social issues such as inequality and access to knowledge. It offers fresh lenses for understanding how rights—based frameworks may be viewed from different perspectives, ultimately championing more inclusive and justice—oriented approaches.
Equally notable is the multidisciplinary foundation of IP’s Futures. Contributors include scholars of history who contextualize the basis of IP systems, economists who dissect the drivers of creativity and invention, and scholars from the fields of health and computer sciences who help shed light on different aspects of data governance. By synthesizing insights from such fields, the collection underscores the richness of collaboration and the necessity of seeing IP through multiple vantage points.

Finally, IP’s Futures also represents an intergenerational conversation, including established authorities in IP alongside bright—shining emerging scholars. The collection proves that the future of the field lies not only in fresh subjects of inquiry, but in the innovative thinkers themselves. As a result, this collection is indispensable for those who want a rich, forward—looking perspective on IP’s evolution—one that can guide policy, practice, and scholarship for years to come.

Jeremy de Beer

IP’s Futures offers a far-reaching exploration of the places intellectual property (IP) may be headed. It covers all the predominant areas of copyright, patent, and trademark law, and also highlights frontier topics reshaping the field. Control over information is assessed in new ways, linking trade secrecy with national security, assessing the protection of intimate data, interrogating drug price regulation, and recognizing private ordering across borders. Legal pluralism is central to the collection of well-integrated enquiries, illuminating the role of Indigenous law alongside other knowledge governance systems. Rather than simply re-hashing established debates, these chapters push the boundaries of our thinking, empowering readers to both understand and shape the emerging issues in IP.

A key strength of this collection is how it contextualizes the major forces driving change in IP. Technological shifts are examined with particular emphasis on artificial intelligence. Economic transformations—including labour practices and the future of work—are also scrutinized through analysis of agricultural production and rural development. The contributors delve into geopolitical dynamics, reflecting on global economic integration, international trade, and how these factors reverberate across the IP ecosystem. Alongside these technological, economic, and political perspectives, the collection grapples with social issues such as inequality and access to knowledge. It offers fresh lenses for understanding how rights-based frameworks may be viewed from different perspectives, ultimately championing more inclusive and justice-oriented approaches.

Equally notable is the multidisciplinary foundation of IP’s Futures. Contributors include scholars of history who contextualize the basis of IP systems, economists who dissect the drivers of creativity and invention, and scholars from the fields of health and computer sciences who help shed light on different aspects of data governance. By synthesizing insights from such fields, the collection underscores the richness of collaboration and the necessity of seeing IP through multiple vantage points.

Finally, IP’s Futures also represents an intergenerational conversation, including established authorities in IP alongside bright-shining emerging scholars. The collection proves that the future of the field lies not only in fresh subjects of inquiry, but in the innovative thinkers themselves. As a result, this collection is indispensable for those who want a rich, forward-looking perspective on IP’s evolution—one that can guide policy, practice, and scholarship for years to come.

Jeremy de Beer
Ottawa, January 2025.

Jeremy de Beer FRSC

In an era marked by unprecedented social and technological upheaval, this groundbreaking volume brings together a diverse cohort of established and emerging scholars to chart the future of intellectual property law. Weaving together law, values, ethics, and technology, their contributions form a vivid tapestry of innovation and possibility, offering profound insights into how IP law can rise to meet the challenges of our time.

Dr Teresa Scassa

Imagining future possibilities for intellectual property, this international group of scholars address the multiple challenges of evolving technologies, increasing globalization, and widening inequalities. Intellectual property needs provocative and creative proposals like these to deliver on its promises of increasing access to knowledge for public benefit while responding to consequential changes.

Margaret Chon

Intellectual property has long raised complicated policy and legal challenges that cut across culture, expression, human rights, and international law. This exceptional collection brings together some of the leading scholars in the field from Canada and around the world to provide powerful insights into where the law stands today and - more importantly - where it may be headed tomorrow. Professors Reynolds, Mogyoros, and Dagne have shepherded a remarkable project that will undoubtedly influence thinking on the intersection between IP and a wide range of issues including health, artificial intelligence, and indigenous legal traditions.

Professor Michael A. Geist