Human rights and intellectual property in investor to state dispute settlement

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and extrapolates results of these negotiations to the pending EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP). It discusses the likely implications of ever-increasing protection of IPRs on international trade, innovation, and technology transfer. Given the complex interaction of TRIPs and WIPO Agreements with the newly emerging agreements, the chapter finally examines the structure and operation of dispute settlement and how existing fragmentation could be overcome. Intellectual property, it is submitted, offers an important case to extend the jurisdiction of WTO dispute settlement to preferential trade agreements.

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General Principles for Integration

10.1093/oso/9780199663392.003.0013 ◽

2017 ◽

Cited By ~ 2

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Conflict Resolution ◽

Intellectual Property ◽

World Trade ◽

Dispute Settlement ◽

World Trade Organisation ◽

Resolution Function ◽

Wto Dispute Settlement ◽

History Of ◽

Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

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The Protection of Intellectual Property in International Human Rights Law

10.1093/oso/9780199663392.003.0008 ◽

2017 ◽

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Fundamental Rights ◽

European Convention ◽

International Human Rights Law ◽

Human Rights Law ◽

Cultural Rights ◽

Core Subject ◽

Charter Of Fundamental Rights ◽

The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

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Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

International Community Law Review ◽

10.1163/18719732-12341269 ◽

2014 ◽

Vol 16 (1) ◽

pp. 3-37

Author(s):

Caroline Joan S. Picart ◽

Marlowe Fox

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Traditional Knowledge ◽

Indigenous Peoples ◽

Biological Diversity ◽

Convention On Biological Diversity ◽

Nagoya Protocol ◽

Trade Law ◽

International Trade Law ◽

Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

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The Politics of International Regime Complexity

Perspectives on Politics ◽

10.1017/s1537592709090033 ◽

2009 ◽

Vol 7 (1) ◽

pp. 13-24 ◽

Cited By ~ 343

Author(s):

Karen J. Alter ◽

Sophie Meunier

Keyword(s):

Human Rights ◽

Intellectual Property ◽

International Cooperation ◽

International Regimes ◽

International Regime ◽

Introductory Essay ◽

Election Monitoring ◽

International Obligations

The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in a larger web of international rules and regimes? Karen Alter and Sophie Meunier's introductory essay defines international regime complexity and identifies the mechanisms through which it may influence the politics of international cooperation. Short contributions analyze how international regime complexity affects politics in specific issue areas: trade (Christina Davis), linkages between human rights and trade (Emilie Hafner-Burton), intellectual property (Laurence Helfer), security politics (Stephanie Hofmann), refugee politics (Alexander Betts), and election monitoring (Judith Kelley). Daniel Drezner concludes by arguing that international regime complexity may well benefit the powerful more than others.

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