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Global Intellectual Property Protection and new Constitutionalism: Hedging Exclusive Rights
Jonathan Griffiths
(Ilustrado por)
·
Tuomas Mylly
(Ilustrado por)
·
Oxford University Press, USA
· Tapa Dura
Global Intellectual Property Protection and new Constitutionalism: Hedging Exclusive Rights - Griffiths, Jonathan ; Mylly, Tuomas
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Reseña del libro "Global Intellectual Property Protection and new Constitutionalism: Hedging Exclusive Rights"
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 ofessays, 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 contemporarylegal 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. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects andinterpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's DigitalSingle Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
