The Protection of Intellectual Property in International Law

The Protection of Intellectual Property in International Law

 
Publisher: OUP Oxford
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Product details:

ISBN13:9780199663392
ISBN10:0199663394
Binding:Hardback
No. of pages:540 pages
Size:236x175x35 mm
Weight:972 g
Language:English
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Table of Contents:
Part I: Introduction
Chapter 1: Linkages in International Law affecting Intellectual Property (IP)
Chapter 2: The Systematic Character of International Law
The ILC Approach
Is International Law a (Legal) System?
Societal Differentiation and Systems-Theory
A Functional Approach
Chapter 3: Approaches for Analysing Norm Relationships
'Conflict of Norms' Principles
Conflict-of-Laws Principles
Substantive Law Integration
The Toolbox
Part II: Norm Relations Within the International IP System
Chapter 4: Norm Relations amongst Multilateral Treaties
Revisions of- and Special Agreements to the Berne- and Paris Conventions
WTO/TRIPS Relations with the Main Pre-Existing IP Treaties
Chapter 5: The Relationship between TRIPS and Later Inter-Se Agreements
FTA IP Obligations and TRIPS flexibilities
Conflict Resolution Norms in TRIPS and under General International Law
Conflict Clauses in FTAs
Conflict Resolution via Harmonious Interpretation and Priority in Application: The Limits of FTAs Shaping TRIPS Interpretation
Chapter 6: The Legal Relationships within the International IP System: From Continuity to Resilience
Part III: Alternative Rule Systems for the Protection of Intellectual Property
Chapter 7: Intellectual Property under International Investment Agreements
The Scope for IP Protection under IIAs
Non-Discrimination Standards in IIAs
Absolute Standards of Treatment for Foreign Investments
International IP Obligations in Investor State Arbitration
Chapter 8: The Protection of Intellectual Property in International Human Rights Law
The Scope for Protection for Creators Rights under Art.27 UDHR and Art.15 (1) c) ICESCR
The Right to (Intellectual) Property
Overlaps and Conflict Norms in the Human Rights System
Chapter 9: Investment and human rights perspectives: increasing cross-fertilization with the international IP System
Part IV: Intellectual Property and Other Rule Systems in International Law
Chapter 10: The Perspective of World Trade Law on IP Rights
IP Protection and Enforcement a Barrier to or Facilitator of International Trade?
IP Rights under GATT - the Pre-TRIPS Cases
TRIPS-plus protection and enforcement as barrier to trade
Art.XX d) GATT as Conflict Norm in the Trade IP Relationship
Safeguarding a common core of IP protection the role of TRIPS
Chapter 11: IP Rights in International Environmental Law
The foundation for biological resource and technology transfer rules in international law
Access and Benefit-Sharing regarding GRs and associated TK
Transfer of technology resulting from the utilization of GRs and associated TK
Transfer of technology to protect the environment
Conflict Clauses in international environmental agreements
Part V: Integration and Conflict Norms in International IP Law
Chapter 12: Conflict Rules and Specific Integration Tools in the International IP System
Formal conflict rules
Specific tools of accommodation - an overview
Exceptions and limitations subject to the three step test
Chapter 13: General Principles for Integration
Public interest principles under Art.8 TRIPS
The balancing objectives in Art.7 TRIPS
Art.7 and 8 TRIPS in WTO dispute settlement: 20 years of neglect
Chapter 14: The Protection of Intellectual Property in International Law: Fragmentation, Alternatives and the Limits of Integration
Resilience, cross-fertilisation and external concerns
Treaty interpretation, ceilings and a general exception clause