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Global Intellectual Property Protection and New Constitutionalism
Jonathan Griffiths and Tuomas Mylly
2021
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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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Keywords
- Constitutional Theory
- constitutionalisation
- Fundamental rights
- human rights law
- Intellectual property
- Intellectual property law
- Intellectual property law-making
- Investment treaties
- New Constitutionalism
- Private ordering
- thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPA Political science and theory
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general
Links
DOI: 10.1093/oso/9780198863168.001.0001Editions