Overview
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.
Full Product Details
Author: Emmanuel K. Oke
Publisher: Edward Elgar Publishing Ltd
Imprint: Edward Elgar Publishing Ltd
ISBN: 9781839100840
ISBN 10: 1839100842
Pages: 224
Publication Date: 27 July 2021
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
‘This original book advances a refreshing intertextual approach to interpreting international investment agreements in the intellectual property context. It also provides insightful and up-to-date analysis of the latest disputes in this area. The book should appeal equally to those studying intellectual property law and policy and those practising on the front lines of investment law.‘ -- Peter K. Yu, Texas A&M University, US
'This original book advances a refreshing intertextual approach to interpreting international investment agreements in the intellectual property context. It also provides insightful and up-to-date analysis of the latest disputes in this area. The book should appeal equally to those studying intellectual property law and policy and those practising on the front lines of investment law.' -- Peter K. Yu, Texas A&M University, US
Author Information
Emmanuel Kolawole Oke, Lecturer in International Intellectual Property Law, Edinburgh Law School, University of Edinburgh, UK
