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The Protection of Intellectual Property in International Law
Considers the approach to IP under international trade, bio-diversity and climate change law, reviewing the different answers these systems offer to legal questions on the protection of IP and how these approaches may be recognised within the international IP system.
The Protection of Intellectual Property Rights Under International Investment Law
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation f...
Intellectual Property Ordering Beyond Borders
"In the last century, intellectual property (IP) law has expanded within and beyond national borders. Once a niche area concerning authors, inventors and trademark owners, IP law now 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 utilized for its global protection rely on public international law as a common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multi-dimensional expansion. This comprehensive and far-reaching volume tackles problems ranging from 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 an economic, political and social science perspective. This title is also available Open Access on Cambridge Core"--
Transition and Coherence in Intellectual Property Law
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?
This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
Global Intellectual Property Protection and New Constitutionalism
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual...
Handbook of Intellectual Property Research
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and ap...
Intellectual Property and Access to Im/material Goods
Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
TRIPS plus 20
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.
Intellectual Property Enforcement
The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries. The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.
