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9780198863168

Global Intellectual Property Protection and New Constitutionalism Hedging Exclusive Rights

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  • ISBN13:

    9780198863168

  • ISBN10:

    0198863160

  • Format: Hardcover
  • Copyright: 2022-02-26
  • Publisher: Oxford University Press

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Table of Contents


1. The Transformation of Global Intellectual Property Protection: General Introduction, Tuomas Mylly and Jonathan Griffiths
Part I: Systemic and Conceptual Issues
2. Effects of Combined Hedging: Overlapping and Accumulative Protections for IP Assets on a Global Scale, Henning Grosse Ruse-Khan
3. The New Constitutional Architecture of Intellectual Property, Tuomas Mylly
Part II: International and Transnational IP Norms as 'Constitutional Hedges' of IP
4. From Flexible Balancing Tool to Quasi-Constitutional Straitjacket: How the EU Cultivates the Constraining Function of the Three-Step Test, Martin Senftleben
5. Hedging (into) Property?: Invisible Trade Secrets and International Trade in Goods, Nari Lee
Part III: Human Rights Hedging IP Rights
6. A Market-Friendly Human Rights Paradigm for IP Rights in Europe?, Aurora Plomer
Part IV: International Investment Treaty Protection of IP
7. Hedging Bets with BITS: The Impact of Investment Obligations on Intellectual Property Norms, Rochelle C. Dreyfuss
8. The Second Transformation of the International Intellectual Property Regime, Peter K. Yu
Part V: Informal Measures and Private Regulation as Constitutional Hedges of IP
9. Technical Assistance as a Hedge to IP Exclusivity, Daniel Acquah
10. Too Small to Matter?: On the Copyright Directive's Bias in Favour of Big Right-Holders, Martin Husovec
Part VI: Counter-narratives
11. Multilevel Constitutionalism and the Propertisation of EU Copyright: Even Higher Protection or a New Structural Limitation?, Caterina Sganga
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 and Luc Desaunettes-Barbero
13. Copyright, Human Rights, and the Social Function of Properties in Brazil, Allan Rocha de Souza
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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