scholarly journals Intellectual Property and International Law: A Research Framework

2021 ◽  
pp. 15-33
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Research ◽  
Research Framework ◽  
Initial Question ◽  
Research Questions ◽  
Ip Law

This chapter offers a framework for legal research that concerns or applies ‘international law’ concepts, perspectives, and methodologies to intellectual property (IP). The idea is to discuss how research questions related to IP can be framed from the standpoint of international law. This begs an initial question: what do we mean by ‘international law’ and how does this relate to IP? Section I tackles these questions by offering a range of possible views on the notion of international IP Law. Section II then considers how a multidimensional conception of international law can serve to frame research questions on IP. It also gives some more concrete examples of the diversity in adopting an international law approach to IP.

scholarly journals Russia & Legal Harmonization: An Historical Inquiry into IP Reform as Global Convergence and Resistance

2018 ◽  
Author(s):  
Boris N. Mamlyuk
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Structural Adjustment ◽  
Historical Analysis ◽  
Historical Inquiry ◽  
Legal Standards ◽  
Wto Accession ◽  
Soviet Russia ◽  
Ip Law ◽  
Legal Harmonization

10 Washington University Global Studies Law Review, (2011)This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers and many Western analysts agree that Russia has complied with all necessary structural adjustment reforms for WTO accession (including reforming its IP legislation), then deeper points of contention between Russia and the West must be identified. One point of departure, the Article posits, is Russia's lingering inability to convey adherence to general international law.Thus, this Article re-conceptualizes the link between domestic and international legal orders by connecting the IP debate to broader debates over the nature of international law in the Soviet and post-Soviet space. Specifically, Part I examines how Soviet theorists attempted to reconcile IP regulation with Marxist ideology and socialist international law. Part II surveys the main IP law reform projects in post-Soviet Russia from 1992 to 2006, with particular emphasis on harmonization with global legal standards. The second part also provides a brief comparative analysis of Russia's latest IP law (effective 2008) and copyright protections in U.S. law as well as the 1971 Berne Convention. The Article concludes with an overview of doctrinal debates within Russia over harmonization, WTO accession, and international law. These debates shed light on the development of local resistance to further legal harmonization efforts, an issue of immediate relevance not just for policymakers working with Russia, but for broader law and development debates.

scholarly journals A Research Framework on Intellectual Property and Morality

2021 ◽  
pp. 791-806
Author(s):  
Christine Haight Farley
Keyword(s):  
Intellectual Property ◽  
Trade Secret ◽  
Copyright Law ◽  
Patent Law ◽  
Moral Judgments ◽  
Trademark Law ◽  
Research Framework ◽  
Law And Morality ◽  
Ip Law

This chapter traces the role of morality in intellectual property (IP) law by outlining the scholarship that addresses what extent, if any, the law does or should reflect moral judgments. Scholars have investigated this question, either explicitly or implicitly, in all of the categories of IP including patent law, trademark law, and copyright law, and to a lesser extent, trade secret law and right of publicity law. In surveying the robust scholarship and diverse perspectives about whether morality has a place in IP law, the chapter reveals an academic dispute surrounding the degree to which law should rely on morality. Some scholars look at IP through the lens of morality; some see only a disconnect between IP law and morality. For some, morality serves as a basis for IP rights, while others find law and morality to be so conceptually distinct as to be irreconcilable. Some see a danger in IP laws being in conflict with morality, while others view the introduction of morality as a danger. The chapter organizes the scholarship by the position it takes on the appropriateness of the juxtaposition of IP and morality while recognizing that the complexity of IP scholars’ relationship to morality is matched only by the complexity of morality itself as a concern of law.

Linkages in International Law Affecting Intellectual Property

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Global Level ◽  
Berne Convention ◽  
Industrial Property ◽  
Legal Science ◽  
Artistic Works ◽  
Ip Law ◽  
Rule Systems ◽  
Paris Convention

This chapter gives a cursory review of situations where the rules of international intellectual property (IP) law interface with those of other rule-systems in international law. Mapping these relationships is challenging, given the multitude of rules, institutions, and actors in international law. Those have increased dramatically in number since the foundations of international IP law in the form of the Berne Convention (BC) on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. These interfaces, however, give evidence of a wider phenomenon which is commonly referred to as ‘fragmentation’ on the global level. Such fragmentation has provoked a debate in social, political, and legal science on how to perceive and describe this phenomenon and what responses (in particular in terms of ways to resolve conflicts or tensions between branches of international law) it calls for.

The Protection of Intellectual Property in International Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Free Trade ◽  
Legal System ◽  
Biological Diversity ◽  
Ip Protection ◽  
Holistic View ◽  
Ip Law ◽  
Rule Systems ◽  
The Relationship

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.

scholarly journals Handbook of Intellectual Property Research

2021 ◽  
Keyword(s):  
Intellectual Property ◽  
Research Method ◽  
Academic Research ◽  
Diverse Group ◽  
Comprehensive Overview ◽  
Fundamental Feature ◽  
Legal Traditions ◽  
Research Questions ◽  
Post Industrial ◽  
Ip Law

The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys.

The International IP System: From Continuity to Resilience

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
International Law ◽  
Revolutionary Change ◽  
Minimum Standards ◽  
Multilateral System ◽  
Common Goals ◽  
The Common ◽  
Relationship Of

This chapter looks at how rule-relations within the international intellectual property (IP) system have developed from continuity (in constantly raising minimum standards) to resilience (against certain forms of increasing protection). It considers the evolution of the international IP system from the nineteenth century onwards, examining how each succeeding changes and additions to the system had established a relationship of continuity which integrates existing standards and adds new ones. The chapter then turns to the emergence of another revolutionary change. The integral nature of the common goals established in TRIPS’ object and purpose creates a form of ‘resilience’ of the multilateral system over attempts for inter-se modifications. Moreover, international law has appropriate tools so that those charged with applying, implementing, and interpreting multilateral IP norms can give effect to this resilience both in relations of interpretation and relations of conflict.

Approaches for Analysing Norm Relationships

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
International Law ◽  
Structure Building ◽  
Analytical Structure ◽  
Rules And Principles ◽  
Logical Order ◽  
International Law Commission ◽  
Rule Systems ◽  
Law Commission

This chapter discusses conflict-resolution tools and develops an analytical structure building on rules and principles in international intellectual property (IP) treaties, other rule-systems, and general international law to define norm relationships of interpretation and of conflict. Several tools are taken from the ‘toolbox’ developed in the Fragmentation Report of the International Law Commission and other fragmentation literature. Depending on the type of relationship at stake, the most appropriate legal tools to address them may vary. The ILC Report and Conclusions provide for some of the tools and to some extent for an analytical structure, a logical order for examining these relationships. As the chapter shows, for some types of legal relations other approaches are more adequate. They hence complement the ILC principles and need to be integrated in the set of tools available.

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