Goals
We will provide the first integrative analysis of how intellectual property (IP) is protected through constitutional measures based on:
- human rights law, particularly protection of property ownership;
- investment treaties; and
- certain constitutional-type provisions of trade and IP treaties and EU IP instruments.
Figure 1: three elements of IP constitution
The overall research objective of the project is to answer three related research questions. Firstly, how the integrated framework for the constitutional protection of IP operates? It consists of three related, but henceforth artificially separated areas, namely: a) human rights law and specifically the protection of property ownership; b) investment treaties protecting IP assets; and c) certain constitutional -type provisions of trade and IP treaties and selected European IP instruments. Our practical aim with regard to the first research question is to address the overlaps, complementarities and conflicts of such protection.
Secondly, what kind of effects this assemblage of global and regional norms has on future legal reforms and interpretations of law affecting IP in EU and selected developing countries? Fulfilling these aims also requires addressing the legal and quasi-legal mechanisms and forces through which such norms affect developments on local and regional levels.
Thirdly, wether the discourses on (new) constitutionalism appear accurate after analysing the IP contexts?