The Second Transformation of the International Intellectual Property Regime
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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 regimes 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 regimes 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.
