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The Protection of Intellectual Property in International Law

The Protection of Intellectual Property in International Law

Author: Henning Grosse Ruse-Kahn
Publisher: Oxford University Press
ISBN: 9780199663392
Published In: July 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. As a toolbox, these frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system.

It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law. The intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements and European human rights treaties. Part Four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

PART I: INTRODUCTION
1. Norm Relationships amongst Distinct Rule Systems in International Law
2. Defining International IP as a Rule System
3. A Toolbox for Analysing Norm Relationships

PART II: NORM RELATIONS WITHIN THE INTERNATIONAL IP LAW SYSTEM
4. Norm Relations Amongst Multilateral Treaties
5. The Relationship between TRIPS and Subsequent Inter-Se Agreements
6. Simply a 'Floor' or a Framework with 'Ceilings'? Minimum and Maximum Standards in International IP Law

PART III: ALTERNATIVE RULE SYSTEMS FOR THE PROTECTION OF IP
7. Intellectual Property under International Investment Agreements (IIAs)
8. The Protection of Property as well as Creations and Innovations under Human Rights Law

PART IV: INTELLECTUAL PROPERTY LAW AND OTHER RULE SYSTEMS IN INTERNATIONAL LAW
9. The Perspective of World Trade Law on IP Rights
10. Genetic Resources, Traditional Knowledge and IP Protection under the Convention on Biological Diversity (CBD) and the Nagoya Protocol
11. Addressing IP and Climate Change in Multilateral Environmental Agreements (MEAs)
12. IP Protection from the Angle of International Norms on Access to Medicines and Food

PART V: OPTIONS TO ADDRESS LINKAGES WITH OTHER RULE SYSTEMS
13. The Objectives and Principles of the TRIPS Agreement
14. The Objective of Sustainable Development in the WTO Agreement
15. In Need for a General Exception within International Intellectual Property Protection?
16. External Ceilings to International Intellectual Property Norms

PART VI: CONCLUSIONS