Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

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Jonathan Griffiths (Professor of Intellectual Property Law, Professor of Intellectual Property Law, Queen Mary University of London) Tuomas Mylly (Professor of Commercial Law, Professor of Commercial Law, University of Turku)

Global Intellectual Property Protection and New Constitutionalism

Hedging Exclusive Rights

Jonathan Griffiths (Professor of Intellectual Property Law, Professor of Intellectual Property Law, Queen Mary University of London), Tuomas Mylly (Professor of Commercial Law, Professor of Commercial Law, University of Turku)

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English

Oxford University Press
14 February 2022

The constitutionalization 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 constitutionalization 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

Edited by: Jonathan Griffiths (Professor of Intellectual Property Law Professor of Intellectual Property Law Queen Mary University of London), Tuomas Mylly (Professor of Commercial Law, Professor of Commercial Law, University of Turku)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 1
Dimensions: Height: 252mm, Width: 177mm, Spine: 25mm
Weight: 1g
ISBN: 9780198863168
ISBN 10: 0198863160
Pages: 400
Publication Date: 14 February 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Tuomas Mylly and Jonathan Griffiths: The Transformation of Global Intellectual Property Protection: General Introduction Part I: Systemic and Conceptual Issues 2: Henning Grosse Ruse-Khan: Effects of Combined Hedging: Overlapping and Accumulative Protections for IP Assets on a Global Scale 3: Tuomas Mylly: The New Constitutional Architecture of Intellectual Property Part II: International and Transnational IP Norms as 'Constitutional Hedges' of IP 4: Martin Senftleben: From Flexible Balancing Tool to Quasi-Constitutional Straitjacket: How the EU Cultivates the Constraining Function of the Three-Step Test 5: Nari Lee: Hedging (into) Property?: Invisible Trade Secrets and International Trade in Goods Part III: Human Rights Hedging IP Rights 6: Aurora Plomer: A Market-Friendly Human Rights Paradigm for IP Rights in Europe? Part IV: International Investment Treaty Protection of IP 7: Rochelle C. Dreyfuss: Hedging Bets with BITS: The Impact of Investment Obligations on Intellectual Property Norms 8: Peter K. Yu: The Second Transformation of the International Intellectual Property Regime Part V: Informal Measures and Private Regulation as Constitutional Hedges of IP 9: Daniel Acquah: Technical Assistance as a Hedge to IP Exclusivity 10: Martin Husovec and Joa~&o Pedro Quintais: Too Small to Matter?: On the Copyright Directive's Bias in Favour of Big Right-Holders Part VI: Counter-narratives 11: Caterina Sganga: Multilevel Constitutionalism and the Propertisation of EU Copyright: Even Higher Protection or a New Structural Limitation? 12: Christophe Geiger and Luc Desaunettes-Barbero: The Revitalisation of the Object and Purpose of the TRIPS Agreement: The Plain Packaging Reports and the Awakening of the TRIPS Flexibility Clauses 13: Allan Rocha de Souza: Copyright, Human Rights, and the Social Function of Properties in Brazil 14: Graham Reynolds: Hedge or Counterweight?: New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

Jonathan Griffiths is Professor of Intellectual Property Law at Queen Mary University of London. His research interests lie predominantly in copyright law (particularly European copyright law) and in the relationship between intellectual property law and fundamental rights. He is the editor of the