Document Type

Book Section

Publication Date

2-2022

ISBN

9780198863168

DOI

10.1093/oso/9780198863168.003.0008

Abstract

This chapter focuses on the structural changes that international investment norms have posed to the international intellectual property regime. It begins by documenting the regime’s first transformation by the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the World Trade Organization. The chapter then explores the regime’s potential second transformation when bilateral, regional, and plurilateral agreements and new investor-state disputes have caused international investment norms to intrude into the intellectual property domain. It continues to identify three sets of problems that have emerged from such intrusion. The chapter concludes by proposing three solutions to curtail inappropriate and unnecessary intrusions and to improve the engagement of international intellectual property and investment norms.

First Page

176

Last Page

194

Num Pages

19

Publisher

Oxford University Press

Editor

Jonathan Griffiths & Tuomas Mylly

Book Title

Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

FIle Type

PDF

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