PDIA must be PRIOR to enactment of the plan --- key to ensure true review

(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)

In this chapter, I will discuss another way in which the precautionary principle could be applied in the intellectual property context. Specifically, I will suggest that the precautionary principle could be applied at the point at which proposals for reform of intellectual property legislation are formally introduced as part of the legislative process. In the final section of this chapter, I will propose the creation of a Public Domain Impact Assessment (PDIA), a process through which proposals for intellectual property reform, prior to their enactment, are evaluated by an independent review panel in order to determine their potential impact on the public domain.