The New Constitutional Architecture of Intellectual Property

Jonathan Griffiths and Tuomas Mylly (eds): Global Intellectual Property Protection and New Constitutionalism. Hedging Exclusive Rights (Oxford University Press 2021, forthcoming).

28 Pages Posted: 6 May 2021

See all articles by Tuomas Mylly

Tuomas Mylly

University of Turku - Faculty of Law; IPR University Center

Date Written: March 4, 2021

Abstract

The chapter sketches some of the central features of the new constitutional architecture in the context of intellectual property (IP). In particular, I will study the characteristics of the related constitutional developments from the perspective of social acceleration. This zooms the focus into novel developments of IP beyond mainstream constitutional discourses. Politics under permanent social acceleration – lurching from one crisis to the next – has transferred decision-making from notoriously slow legislatures to more rapid transnational networks, executive governance, and privatised regulatory practices. The chapter also draws from the school of new constitutionalism. It argues that the prevailing new constitutionalist architecture of IP is best understood through the role of constitutional norms in both accelerating and decelerating change. In particular, the chapter argues that the judicature, the executive, and the private sphere continue to replace legislators as the critical drivers of IP policies, that lock-in mechanisms such as the three-step test and international investment agreements provide the stability needed for acceleration, and that the notion of structural proprietarian bias captures the spirit of the prevailing multipolar IP constitutionalism.

Keywords: intellectual property, constitution, constitutionalism, investment law, human rights, patents, copyright

Suggested Citation

Mylly, Tuomas, The New Constitutional Architecture of Intellectual Property (March 4, 2021). Jonathan Griffiths and Tuomas Mylly (eds): Global Intellectual Property Protection and New Constitutionalism. Hedging Exclusive Rights (Oxford University Press 2021, forthcoming)., Available at SSRN: https://ssrn.com/abstract=3839592 or http://dx.doi.org/10.2139/ssrn.3839592

Tuomas Mylly (Contact Author)

University of Turku - Faculty of Law ( email )

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Finland
+358408205125 (Phone)

HOME PAGE: http://https://www.utu.fi/en/people/tuomas-mylly

IPR University Center ( email )

PL 479 Arkadiankatu 7
Hanken School of Economics
Helsinki, 00101
Finland
+358408205125 (Phone)

HOME PAGE: http://https://ipruc.fi/en/

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