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The Interface between Intellectual Property and Investment Law : An Intertextual Analysis.
2021
Details
Title
The Interface between Intellectual Property and Investment Law : An Intertextual Analysis.
Author
Oke, Emmanuel K.
Item Type
Book
Description
224 pages.
ISBN
9781839100857 eBook
9781839100840 Print
9781839100840 Print
Summary
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties. Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states. Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.
Note
Description based upon print version of record.
Formatted Contents Note
1. Introduction to The Interface between Intellectual Property and Investment Law
2. Intertextuality and Legal Interpretation
3. The Interface between Intellectual Property and Investment Law: An Intertextual Methodology
4. Defining Intellectual Property as an Investment
5. Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights
6. Expropriation and Intellectual Property Rights
7. Conclusion
Index
2. Intertextuality and Legal Interpretation
3. The Interface between Intellectual Property and Investment Law: An Intertextual Methodology
4. Defining Intellectual Property as an Investment
5. Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights
6. Expropriation and Intellectual Property Rights
7. Conclusion
Index
Linked Resources
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Published
[Northampton, England] : Edward Elgar Publishing Ltd., 2021.
Language
English
Record Appears in
Knowledge Repository Online Subscriptions