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Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Online ISBN:
9780191895661
Print ISBN:
9780198863168
Publisher:
Oxford University Press
Book

Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Jonathan Griffiths (ed.),
Jonathan Griffiths
(ed.)
Professor of Intellectual Property Law, Queen Mary University of London
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Tuomas Mylly (ed.)
Tuomas Mylly
(ed.)
Professor of Commercial Law, University of Turku
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Published online:
23 December 2021
Published in print:
22 November 2021
Online ISBN:
9780191895661
Print ISBN:
9780198863168
Publisher:
Oxford University Press

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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