During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.
Part I. The Broader Environment for IP Protection Beyond Borders: 1. The international IP system from an economist's perspective Keith E. Maskus; 2. Cast into the stones of international law: a critique of the UPOV standards and the underlying welfare and scientific assumptions they globalize Mrinalini Kochupillai and Julia Köninger; 3. Economic nationalism in intellectual property policy and law Alexander Peukert; 4. Hybrid international intellectual property protection: coherence, governance and balance Tobias Stoll; Part II. IP Protection within its General International (Economic) Law Context: 5. The role of customary international law for intellectual property protection beyond borders Henning Grosse Ruse-Khan; 6. Interpretation of IP treaties in accordance with Article 31-33 VCLT: a case study on the practice of the European Patent Office Axel Metzger; 7. Parallel trade and exhaustion of intellectual property in WTO law revisited Thomas Cottier; Part III. The Scope and Mechanisms of International IP Treaties: 8. Universalism in international copyright law as seen through the lens of Marrakesh Graeme B. Dinwoodie; 9. Measuring the scope of obligations under international treaties – (to what extent) are IP conventions binding on Paris- or TRIPS-plus legislation? Annette Kur; 10. Floors and ceilings in international copyright treaties: Berne, TRIPS, WCT Minima and Maxima Jane C. Ginsburg; Part IV. Implementing International IP Provisions: 11. Self-executing international intellectual property obligations? Rochelle Cooper Dreyfuss; 12. Technical assistance as a tool for implementing and expanding IP treaty obligations Daniel Opoku Acquah; 13. How external factors shaped domestic intellectual property law in Latin America Juan I. Correa; 14. Creating statutory remuneration rights in copyright law: what policy options under the international legal framework? Christophe Geiger and Oleksandr Bulayenko.
Henning Grosse Ruse-Khan is a professor of IP law at the University of Cambridge and Fellow of King's College. Grosse Ruse-Khan's research, teaching, and government training focus on international IP protection and development issues, trade and investment law, and interfaces amongst legal orders in international law, including transnational norms set by private actors. Axel Metzger is Professor of Civil Law and Intellectual Property at Humboldt University of Berlin. He is the author and editor of numerous books and articles on IP, technology law, and private law. Metzger's research has a particular focus on international aspects of IP.
