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The Interface between Intellectual Property and Investment Law
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The Interface between Intellectual Property and Investment Law

An Intertextual Analysis

9781839100840 Edward Elgar Publishing
Emmanuel Kolawole Oke, Lecturer in International Intellectual Property Law, Edinburgh Law School, University of Edinburgh, UK
Publication Date: 2021 ISBN: 978 1 83910 084 0 Extent: 224 pp
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.

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Contents
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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.
Critical Acclaim
‘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
Contents
Contents: 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
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