Intellectual Property and International Law
Forthcoming in 'Handbook on Intellectual Property Research’ (edited by Irene Caboli and Maria Lilla Montagnani), Oxford University Press, 2019
16 Pages Posted: 10 Sep 2018 Last revised: 10 Oct 2018
Date Written: September 10, 2018
Written for a Handbook on Intellectual Property Research, edited by Irene Caboli and Maria Lilla Montagnani, this paper offers some thoughts on legal research that concerns or applies ‘international law’ concepts, perspectives and methodologies to intellectual property (IP). The idea is to discuss how research questions related to IP can be framed from the standpoint of international law. This begs an initial question: what do we mean by ‘international law’ and how does this relate to IP? The first section tackles these questions by offering a range of possible views on the notion of international (IP) law. Section two then considers how a multi-dimensional conception of international law frames research questions on IP. It also gives some more concrete examples of an international law approach to IP.
Keywords: Intellectual Property, International Law, Conflict of Laws, Transnational Law, Right to Regulate, Platforms
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