We will provide the first integrative analysis of how intellectual property (IP) is protected through constitutional measures based on: 1) human rights law, particularly prot. of property ownership; 2) investment treaties; and 3) certain constitutional-type provisions of trade and IP treaties and EU IP instruments. We can assess the complementarities and conflicts of protection and evaluate the effects of such constitutional norms on legal reforms and interpretations possibly affecting IP.
In particular, we will explore limitations these norms place on local and regional legal reforms and judicial interpretations intended to control socially harmful effects of IP. They may for example restrict compulsory licensing and antitrust or the doctrine of abuse of rights.
Our focus will be on multilateral measures, bilateral treaties (e.g. TTIP) and human rights obligations (ECHR, EU Charter, UN HR Treaties etc.). We will look at effects on EU law and on selected developing countries.