The Protection of Intellectual Property in International Law - Henning Grosse Ruse-Khan

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The Protection of Intellectual Property in International Law

By: Henning Grosse Ruse-Khan

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Hardcover | 28 September 2016

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This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system.

The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. As a toolbox, these frameworks allow for different ways to conceptualize the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organization (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law. The intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements and European human rights treaties.

Part Four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

Industry Reviews

This is a very welcome publication that provides a refreshing approach on how to look on international intellectual property law. It bundles many threads of contemporary research in this great and authoritative tome. The structure and content of this book will provide an important addition to the state of the art on the international dimension of intellectual property law and may serve as a blueprint for further, exciting research within the field. * Marc D. Mimler, Queen Mary Journal of Intellectual Property. *
A rational approach by which stakeholders, interpreters, and arbiters may manage - with cohesion and legitimacy - the increasing number and severity of international disputes over intellectual property. As those disputes continue to invite application of rule-systems not contemplated by their conscientious designers nor their passive interpreters, Ruse-Khans analysis will provide a premier and precise tool. * Sam F. Halabi, International & Comparative Law, JOTWELL. *
Dr. Grosse Ruse-Khan provides a fascinating insight and overview of the many facets of IP protection at the international level that are of direct academic interest to students and teachers, but also are of practical interest and utility for practitioners in the realms of international protection of intellectual property rights. * Claus M. Eckhartt, The Trademark Reporter (2017) *
In summary, the book is an insightful analysis of IP law across and within international law ... Throughout, Grosse Ruse-Khan displays deep mastery of the wide range of fields and principles relevant to their intersection ... ... Grosse Ruse-Khan makes a significant contribution to scholarship, professional legal practice and international policy making in the fields explored. He also provides valuable insights for those working in other fields - such as intangible culture heritage, competition law and race and gender alongside which IP sits or may come to sit in international law. * Abbe Brown, Intellectual Property Quarterly (April 2017) *

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