Skip to Main Content

The Protection of Intellectual Property in International Law

Online ISBN:
9780191850240
Print ISBN:
9780199663392
Publisher:
Oxford University Press
Book

The Protection of Intellectual Property in International Law

Henning Grosse Ruse-Khan
Henning Grosse Ruse-Khan
Kings College, University of Cambridge and Max Planck Institute for Innovation and Competition, Munich
Find on
Published online:
24 August 2017
Published in print:
28 July 2016
Online ISBN:
9780191850240
Print ISBN:
9780199663392
Publisher:
Oxford University Press

Abstract

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 constructs a holistic view of international IP law as an integral part of the international legal system. The first part considers norm relations within the international IP law system. It analyses the relationship of the two main unilateral 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 subsequent Free Trade Agreements (FTAs). The second part discusses alternative rule systems for the protection of IP. The third part identifies important intersections and links between the traditional system of IP protection and other areas of international law related to environmental, social, and economic concerns. These include free trade in goods; biological diversity, genetic resources, and traditional knowledge; multilateral environmental agreements (MEAs) on climate change; and access to medicines and food. This analysis provides significant insights into the nature and quality of international law as a legal system. The fourth part identifies appropriate norms within the international IP system that can respond to these complexities and linkages.

Contents
Close
This Feature Is Available To Subscribers Only

Sign In or Create an Account

Close

This PDF is available to Subscribers Only

View Article Abstract & Purchase Options

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Close