The conceptual bases for codifying Estonia׳s IP law and the main legislative changes: From the comparative approach to embedding drafted law into the socio-economic context

Abstract

a b s t r a c tThe aim of this article is to explore the conceptual bases and methodological issues involved in the codification process of Estonia's intellectual property law and outline the main results. The conceptual bases of this codification consist of evolutionary development, a comparativelaw approach, stakeholder involvement and regulatory impact assessment. The reform draws on the existing regulatory framework (existing IP law), developed further by the identification and use of the best regulatory practices of other countries and model laws. Stakeholder involvement and regulatory impact assessment are used to improve the draft law and make it compatible with Estonian socio-economic conditions. This article summarises the results of the extensive work from

Commercialisation of Intellectual Property: A Comparative Analysis of Georgia and Estonia

“…"IPRs are beneficial to all sectors of the economy, and therefore the protection of such rights, once the intellectual property is created in any one country or region, is often made global through a crucial patchwork of bilateral and multilateral agreements" (Nyman-Metcalf, Dutt & Chochia, 2014). Apart from such agreements, one of the key factors is the harmonisation of the national laws; "the codification of Estonia's intellectual property law has been supported by the European Union and European Social Fund" (Kelli, 2015), therefore, Estonian legal mechanisms are well aligned with EU standards. While international agreements play a key role in the protection of intellectual property, it is extremely important that major aspects of the protection of intellectual property rights are harmonised globally (Taliashvili, 1998).…”

Different regulatory models of transfer of industrial property rights in the Baltic States: A plea for harmonized approach

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