- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
The Eurocentric term “Middle East” captures the historical sources and emergence of intellectual property (IP) in this region. Early colonial influences had a long-lasting effect. In the mid-1990s the global replaced the colonial, imposing new demands. Both the colonial and globalized IP frameworks have allowed only a narrow leeway for the expression of local interests. This chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant, and focuses on Egypt, Israel, the Palestinian Authority, Jordan, Saudi Arabia, and the United Arab Emirates. Instead of a technocratic doctrinal approach that compares local law to international standards and asks about “compliance,” it advocates a richer evaluation. In assessing IP laws against global standards, it suggests contextualizing the local law within the country’s larger legal framework to take into consideration its political economy, local and global politics, and unique cultural needs.
Michael Birnhack is Associate Dean for Research, and a Professor of Law at Tel Aviv University.
Amir Khoury is a Senior Lecturer at Tel Aviv University.
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