JEAIL > Volume 9(2); 2016 > Issue Focus
Research Paper
Published online: November 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.01

The Coordinating Role of Public International Law: Observations in the Field of Intellectual Property

Sung Pil Park
Graduate School of Future Strategy, KAIST, 291 Daehak-ro, Yuseong-gu, Daejeon 34141 Korea.
Corresponding Author: sppark@kaist.ac.kr

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

The recent surge of multijurisdictional IP disputes and increase in non-binding soft laws have made scholars cast doubt on the sustainability of public international law and the validity of the current IP legal system. Private lawyers may now think that they do not have to pay keen attention to public international law any longer when providing legal advice to their clients, particularly MNCs. This study makes a concise description of today's legal environment in the field of IP, focusing on the emerging legal norms of transnational law, particularly in the context of its interplay with public international law. With respect to this, the ongoing and even heightened roles of public international law will be discussed. Finally, a typology is suggested using exponents to express intensity of State sovereignty to facilitate understanding on the relationship between public international law and other categories of law.

Keywords : Intellectual Property, Multijurisdictional IP Disputes, Public International Law, Private Lawyers, MNCs, Transnational Law

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