5.PDCP isn’t a thing – the aff is emulation and the counterplan is accretion
Kazeeva 24 [Iana Kazeeva is a postdoctoral researcher at the Department of Innovation and Digitalisation in Law at the University of Vienna. She studied international commercial and tax law in Moscow and holds a Candidate of Sciences degree (Ph.D. equivalent) in international financial law (dissertation on fiscal decentralization). Prior to joining the Department, she worked at the Mountain View office of a California-based public software-as-a-service company, primarily engaged in reviewing and negotiating technology and commercial contracts. She also gained practical experience as a senior legal counsel at the legal department of a global producer of mineral fertilizers, focusing on project finance and legal compliance. At the Department, the primary focus of her research is on intellectual property, data security, and data protection law., Sui Generis Intellectual Property Protection Comparison of EU and U.S. Regulatory Perspectives in Law, Business and Innovation, ALB]
However, technology has enhanced opportunities for imitation, which has triggered the creation of new forms of intellectual property for newly emerging subject matter. As Cornish writes, intellectual property may be extended to new subject matter either by accretion or by emulation. In case of accretion, an existing intellectual property right is redefined so as to cover the novel subject matter, whereas in case of emulation, a new right is created by analogy drawn from the existing intellectual property rights.18 Cornish offers two illustrative examples of these two forms of extension of intellectual property protection. Thus, major computer lobbyists in the United States pressed for computer programs to be protected by accretion, i.e., by treating them as literary works within the concept of copyright; whereas for the design of semiconductor chips, they insisted on protection by emulation, i.e., creation of a sui generis right, which was finally stipulated in the 1984 Semiconductor Chip Protection Act.19
Besides the newly emerging objects for intellectual property protection, there are other categories of subject matter, such as designs or geographical indications, that have existed for centuries and, despite their long history, have not received as strong protection through the existing intellectual property regimes as other categories of subject matter. Some jurisdictions have acknowledged the need for a sui generis intellectual property regime for these kinds of subject matter, i.e., have opted for emulation, whereas other jurisdictions offer protection through the already existing regimes, i.e., by accretion.