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Henning Grosse Ruse-Khan

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Henning Grosse Ruse-Khan

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Henning Grosse and Ruse Khan

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Henning Grosse Ruse-Khan

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Henning Grosse Ruse-Khan

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Henning Grosse Ruse-Khan

This chapter offers a comparative view on different expansionist tendencies in international IP law and policy. Looking at IP protection via IP chapters in FTAs on the one hand and through international investment law on the other, we can observe a common trend towards occupying additional regulatory space – albeit through different routes. The chapter reviews these trends from a conceptual perspective, and by comparing norm-setting and dispute settlement in the respective areas. It shows how by protecting IP rights as an investment asset, international investment law makes a very distinct set of protections from another area of global norm-setting available to IP owners. The chapter concludes by identifying, with regard to both norm-setting and dispute settlement, a common trend towards further expansion of IP protection, albeit via different routes.

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Annette Kur and Henning Grosse Ruse-Khan