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Intellectual Property Ordering Beyond Borders

Intellectual Property Ordering Beyond Borders

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781316512937
  • 出版时间 October 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,344.20

¥1,303.87 Save ¥40.33 (3%)

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  • 描述 
  • 大纲 
  • 详细

    During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law 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 utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as 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 the economic, political, and social science perspectives.

  • Part I. The Broader Environment for IP Protection Beyond Borders:
    1. The international IP system from an economist's perspective
    Keith E. Maskus
    2. Cast into the stones of international law: a critique of the UPOV standards and the underlying welfare and scientific assumptions they globalize
    Mrinalini Kochupillai and Julia Köninger
    3. Economic nationalism in intellectual property policy and law
    Alexander Peukert
    4. Hybrid international intellectual property protection: coherence, governance and balance
    Tobias Stoll
    Part II. IP Protection within its General International (Economic) Law Context:
    5. The role of customary international law for intellectual property protection beyond borders
    Henning Grosse Ruse-Khan
    6. Interpretation of IP treaties in accordance with Article 31-33 VCLT: a case study on the practice of the European Patent Office
    Axel Metzger
    7. Parallel trade and exhaustion of intellectual property in WTO law revisited
    Thomas Cottier
    Part III. The Scope and Mechanisms of International IP Treaties:
    8. Universalism in international copyright law as seen through the lens of Marrakesh
    Graeme B. Dinwoodie
    9. Measuring the scope of obligations under international treaties – (to what extent) are IP conventions binding on Paris- or TRIPS-plus legislation?
    Annette Kur
    10. Floors and ceilings in international copyright treaties: Berne, TRIPS, WCT Minima and Maxima
    Jane C. Ginsburg
    Part IV. Implementing International IP Provisions:
    11. Self-executing international intellectual property obligations?
    Rochelle Cooper Dreyfuss
    12. Technical assistance as a tool for implementing and expanding IP treaty obligations
    Daniel Opoku Acquah
    13. How external factors shaped domestic intellectual property law in Latin America
    Juan I. Correa
    14. Creating statutory remuneration rights in copyright law: what policy options under the international legal framework?
    Christophe Geiger and Oleksandr Bulayenko

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