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.

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.

Trips and Later Inter-Se Agreements

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trips Agreement ◽  
Ip Protection

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.

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.

scholarly journals The protection of cultural heritage: common heritage of humankind, national cultural ‘patrimony’ or private property?

2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
International Law ◽  
Private Property ◽  
Community Identity ◽  
Cultural Patrimony ◽  
Postcolonial Discourse ◽  
The Relationship ◽  
Property Regime ◽  
Protection Of Cultural Heritage

Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.

Roadmap to Artificial Intelligence and Intellectual PropertyAn Introduction

2021 ◽  
pp. 1-8
Author(s):  
Jyh-An Lee ◽  
Reto M Hilty ◽  
Kung-Chung Liu
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Driving Force ◽  
Human Beings ◽  
Legal Subjects ◽  
Human Intellect ◽  
Ip Law ◽  
Creativity And Innovation ◽  
The Relationship

This introductory chapter provides an overview of the relationship between artificial intelligence (AI) and intellectual property (IP). While human beings have used various instruments and technologies to create and innovate, they themselves have been the main driving force of creativity and innovation. AI puts that into question, raising numerous challenges to the existing IP regime. Traditionally, the “intellectual” part of “intellectual property” refers to human intellect. However, since machines have become intelligent and are increasingly capable of making creative, innovative choices based on opaque algorithms, the “intellectual” in “intellectual property” turns out to be perplexing. Existing human-centric IP regimes based on promoting incentives and avoiding disincentives may no longer be relevant—or even positively detrimental—if AI comes into play. Moreover, AI has sparked new issues in IP law regarding legal subjects, scope, standards of protection, exceptions, and relationships between actors.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

THE EFFICACY CONDITION

Legal Theory ◽  
2019 ◽  
Vol 25 (4) ◽  
pp. 225-243
Author(s):  
Thomas Adams
Keyword(s):  
International Law ◽  
Legal System ◽  
Ontological Status ◽  
Joseph Raz ◽  
The Relationship

ABSTRACT“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy as necessary for law and go on to develop and defend an account of the concept that is broadly Kelsenian in spirit. In doing so I address questions concerning the relationship between obedience and enforcement in an account of the existence of a legal system as well as relating the discussion to that concerning the ontological status of international law.

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 Penerapan Pasal 68 Ayat 1 Jo Pasal 4 Dan 6 Undang-Undang No.15 Tahun 2001 Dalam Penyelesaian Sengketa Merek Kok Tong Kopitiam pada Putusan No. 05/Merek/2010/PN.Niaga Medan

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Desriyana Desriyana ◽  
H.A. Lawali Hasibuan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Dispute Resolution ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Human Thought ◽  
Positive Law ◽  
Intellectual Abilities ◽  
Article 5 ◽  
The Relationship

<p class="JudulAbstrakInggris"><em>Application of Article 68 Paragraph 1 Jo Article 4 and 6 of Law No. 15 of 2001 in Brand Dispute Resolution Kok Tong Kopitiam of Decision No. 05 / Merek / 2010 / PN.Niaga Medan</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Brands are the result of human thought and intelligence which can take the form of discovery. Brands are used as a differentiator between products produced by a person or legal entity with products produced by other parties. The current journey to free trade, aspects of intellectual property rights, will play a very important role in national and international trade. Intellectual property rights are rights that arise or are born due to human intellectual abilities in the form of findings, works, creations or creations in the field of technology, science, art and literature. Based on Article 68 paragraph (1) of Law Number 15 of 2001 which states that "Brand cancellation claims can be filed by interested parties based on the reasons referred to in Article 4, Article 5, and Article 6. This type of research is normative juridical namely research which is focused on reviewing the application or rules or norms in positive law. The nature of this research is analytical descriptive, which carefully describes the characteristics of the facts to determine the frequency of something that happens. The purpose of this study was to find out the judge's consideration in resolving the dispute over the Kong Tong Kopi Tiam brand and to find out the relationship between Article 68 paragraph (1) Jo. Articles 4 and 6 of Law Number 15 of 2001 in the resolution of the Kok Tong Kopi Tiam brand dispute.</h1>

Relative Normativity and the Constitutional Dimension of International Law: A Place for Values in the International Legal System?

2004 ◽  
Vol 5 (1) ◽  
pp. 47-64 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
United States ◽  
International Law ◽  
Free Trade ◽  
European Community ◽  
Legal System ◽  
The United States ◽  
Yellowfin Tuna ◽  
International Legal System ◽  
The Creation ◽  
Internal Order

While International Law becomes more and more specialized, a tendency towards Fragmentation becomes visible: more and more sub-regimes of International Law emerge, leading to an increased number of rules. With the creation of more sub-regimes, cases are becoming more likely in which more than one sub-regime is involved and the question arises, which sub-regime's rules take precedence. Recent examples for such collisions of regimes include the relation between Free Trade and the Protection of the Environment in theYellowfin-Tuna Casebetween the United States and Mexico which was settled only in January 2002, theTadic-Nicaragua Debateand theSwordfish Casebetween the European Community and Chile, including the need for some form of internal order or hierarchy within International Law.

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