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The Protection of Intellectual Property in International Law (Hardcover)
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The Protection of Intellectual Property in International Law (Hardcover)
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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. 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 as well as 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.
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