Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights
Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights
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Abstract
The constitutionalisation of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalisation processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of ‘new constitutionalism’, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering.
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Front Matter
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1
The Transformation of Global Intellectual Property Protection: General Introduction
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Part I Systemic and Conceptual Issues
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Part II International and Transnational Intellectual Property Norms as ‘Constitutional Hedges’ of Intellectual Property
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Part III Human Rights Hedging Intellectual Property Rights
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Part IV International Investment Treaty Protection of Intellectual Property
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Part V Informal Measures and Private Regulation as Constitutional Hedges of Intellectual Property
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Part VI Counter-Narratives
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11
Multilevel Constitutionalism and the Propertisation of EU Copyright: An Even Higher Protection or a New Structural Limitation?
Caterina Sganga
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12
The Revitalisation of the Object and Purpose of the TRIPS Agreement: The Plain Packaging Reports and the Awakening of the TRIPS Flexibility Clauses
Christophe Geiger andLuc Desaunettes-Barbero
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13
Copyright, Human Rights, and the Social Function of Property in Brazil
Allan Rocha de Souza
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14
Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation
Graham Reynolds
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11
Multilevel Constitutionalism and the Propertisation of EU Copyright: An Even Higher Protection or a New Structural Limitation?
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End Matter
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