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.
Wednesday, August 4, 2021
Oke: The Interface between Intellectual Property and Investment Law: An Intertextual Analysis
Emmanuel Kolawole Oke (Univ. of Edinburgh - Law) has published The Interface between Intellectual Property and Investment Law: An Intertextual Analysis (Edward Elgar Publishing 2021). Here's the abstract: