Opening Word document…

2 --- Say no is not a concern --- if the plan fails the assessment it will be sent in for revisions

Reynolds ‘13

(Graham J. Reynolds University of British Columbia (UBC), Associate Professor, Faculty of Law, “The Precautionary Principle and its Application in the Intellectual Property Context: Towards a Public Domain Impact Assessment,” pg online @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2347922 //pa-ef)

A second option that could be pursued in the event that the PDIA process concludes that proposed legislative reforms might negatively impact the public domain beyond a certain threshold could be to require the legislative body to take steps to mitigate the potential impact of their proposals on the public domain. One step that could be taken is the creation of a body that has the authority to take certain steps to mitigate harm that might be done to the public domain should certain legislative reforms be enacted into law. This body could be given the authority to create or recommend the creation of additional defences to copyright infringement or to grant specific licences in order to partially (or completely) offset potential harm to the public domain that might result from the enactment of the proposed intellectual property reforms.60 Depending on how this mechanism is structured, democratic legitimacy concerns could arise under this approach, as well.

Sign in to recut, update, or save this card.