Intellectual Property Ordering Beyond Borders

Intellectual Property / Patent / Copyright

Intellectual Property Ordering Beyond Borders

Edited by Henning Grosse Ruse-Khan · Axel Metzger
Cambridge University Press October 2022

Specifications

ISBN-13
9781316512937
Publisher
Cambridge University Press
Publication
October 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives.

Table of Contents

Part I. The Broader Environment for IP Protection Beyond Borders:
1. The international IP system from an economist's perspective
Keith E. Maskus
2. Cast into the stones of international law: a critique of the UPOV standards and the underlying welfare and scientific assumptions they globalize
Mrinalini Kochupillai and Julia Köninger
3. Economic nationalism in intellectual property policy and law
Alexander Peukert
4. Hybrid international intellectual property protection: coherence, governance and balance
Tobias Stoll
Part II. IP Protection within its General International (Economic) Law Context:
5. The role of customary international law for intellectual property protection beyond borders
Henning Grosse Ruse-Khan
6. Interpretation of IP treaties in accordance with Article 31-33 VCLT: a case study on the practice of the European Patent Office
Axel Metzger
7. Parallel trade and exhaustion of intellectual property in WTO law revisited
Thomas Cottier
Part III. The Scope and Mechanisms of International IP Treaties:
8. Universalism in international copyright law as seen through the lens of Marrakesh
Graeme B. Dinwoodie
9. Measuring the scope of obligations under international treaties – (to what extent) are IP conventions binding on Paris- or TRIPS-plus legislation?
Annette Kur
10. Floors and ceilings in international copyright treaties: Berne, TRIPS, WCT Minima and Maxima
Jane C. Ginsburg
Part IV. Implementing International IP Provisions:
11. Self-executing international intellectual property obligations?
Rochelle Cooper Dreyfuss
12. Technical assistance as a tool for implementing and expanding IP treaty obligations
Daniel Opoku Acquah
13. How external factors shaped domestic intellectual property law in Latin America
Juan I. Correa
14. Creating statutory remuneration rights in copyright law: what policy options under the international legal framework?
Christophe Geiger and Oleksandr Bulayenko
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