scholarly journals The Transformation of Global Intellectual Property Protection

2021 ◽  
pp. 1-20
Author(s):  
Tuomas Mylly ◽  
Jonathan Griffiths
Keyword(s):  
Intellectual Property ◽  
International Investment ◽  
Intellectual Property Protection ◽  
Industrial Property ◽  
Private Regulation ◽  
International Investment Agreements ◽  
Constitutional Pluralism ◽  
Ip Law ◽  
Investment Agreements ◽  
Paris Convention

This chapter traces the transformation of global intellectual property protection. The classical Convention regime, epitomised by the Paris Convention protecting industrial property and the Berne Convention protecting copyright, dominated the international IP scene for about a century. Other norm sets have become relevant for IP more recently. These often strengthen IP rights or grant them complementary protection and include international investment agreements (IIAs), predominantly in the form of bilateral investment treaties (BITs) and investment chapters in trade treaties; the protection of property ownership as a fundamental right; private regulation of IP; and IP-specific counter-norms. Ultimately, this transformation of global IP law necessitates a broadening of the constitutional discourses relevant for IP. Constitutional pluralism, new constitutionalism, and societal constitutionalism represent the main currents of such global constitutional discourses.

The European Union’s New Generation of International Investment Agreements and Its Implications for the Protection of Intellectual Property Rights

2017 ◽  
pp. 271-305
Author(s):  
Siegfried Fina ◽  
Gabriel M. Lentner
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Legal Issues ◽  
The European Union ◽  
International Investment Agreements ◽  
New Generation ◽  
Investment Agreements ◽  
Do So

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.

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.

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