The Protection of Intellectual Property in International Law
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The Protection of Intellectual Property in International Law

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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.show more

Product details

  • Hardback | 544 pages
  • 175 x 236 x 35mm | 972g
  • Oxford University Press
  • Oxford, United Kingdom
  • English
  • 0199663394
  • 9780199663392
  • 1,111,954

About Henning Grosse Ruse-Kahn

Henning Grosse Ruse-Khan is a University Lecturer in Intellectual Property Law at the University of Cambridge and a Fellow of Kings College. In Cambridge, Henning is a Fellow at the Lauterpacht Centre for International Law and the Centre for Intellectual Property and Information Law. He also holds positions at the Max Planck Institute for Innovation and Competition in Munich (Germany) and the Centre for International Sustainable Development Law (McGill University, Montreal). For 2016, Henning has been elected as Distinguished Senior Fellow at Hanken School of Economics, Helsinki (Finland). Henning teaches IP and WTO Law at the University of Cambridge and further at the Centre for International Intellectual Property Studies (CEIPI, Strasbourg), the Munich Intellectual Property Law Centre (MIPLC), the University of Berlin and the Hanken School of Economics in Helsinki. He is member of the editorial board of the International Review of Intellectual Property and Competition Law (IIC) and co-founder of the international IP network at the Society of International Economic Law (SIEL). He has advised international organisations, NGOs as well as developing- and developed country governments on international IP, WTO and investment law issues and has worked as a legal expert for the World Intellectual Property Organization (WIPO) on IP and development on several occasions.show more

Review quote

In summary, the book is an insightful analysis of IP law across and within international law ... Throughout, Grosse Ruse-Khan displays deep mastery of the wide range of fields and principles relevant to their intersection ... ... Grosse Ruse-Khan makes a significant contribution to scholarship, professional legal practice and international policy making in the fields explored. He also provides valuable insights for those working in other fields - such as intangible culture heritage, competition law and race and gender alongside which IP sits or may come to sit in international law. * Abbe Brown, Intellectual Property Quarterly (April 2017) * A rational approach by which stakeholders, interpreters, and arbiters may manage - with cohesion and legitimacy - the increasing number and severity of international disputes over intellectual property. As those disputes continue to invite application of rule-systems not contemplated by their conscientious designers nor their passive interpreters, Ruse-Khans analysis will provide a premier and precise tool. * Sam F. Halabi, International & Comparative Law, JOTWELL. * This is a very welcome publication that provides a refreshing approach on how to look on international intellectual property law. It bundles many threads of contemporary research in this great and authoritative tome. The structure and content of this book will provide an important addition to the state of the art on the international dimension of intellectual property law and may serve as a blueprint for further, exciting research within the field. * Marc D. Mimler, Queen Mary Journal of Intellectual Property. *show more

Table of contents

PART I: INTRODUCTION; PART II: NORM RELATIONS WITHIN THE INTERNATIONAL IP SYSTEM; PART III: ALTERNATIVE RULE SYSTEMS FOR THE PROTECTION OF INTELLECTUAL PROPERTY; PART IV: INTELLECTUAL PROPERTY AND OTHER RULE SYSTEMS IN INTERNATIONAL LAW; PART V: INTEGRATION AND CONFLICT NORMS IN INTERNATIONAL IP LAWshow more

Review Text

This is a very welcome publication that provides a refreshing approach on how to look on international intellectual property law. It bundles many threads of contemporary research in this great and authoritative tome. The structure and content of this book will provide an important addition to the state of the art on the international dimension of intellectual property law and may serve as a blueprint for further, exciting research within the field. Marc D. Mimler, Queen Mary Journal of Intellectual Property.show more