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

Author:Sung Pil Park
Pages:321-322
SUMMARY

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.... (see full summary)

 
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Coordinating Role of PIL 321
IX JEAIL 2 (2016)
Sung Pil Park
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      
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
Head Professor at the Intellectual Property Program of the Korea Advanced Institute of Science and Technology
(KAIST). LL.B./M.A. (Seoul N.U.), LL.M./J.S.D.(Northwestern). Attorney-at-Law (Michigan Bar). ORCID:
https://orcid.org/0000-0002-7778-4814. The author may be contacted at: sppark@kaist.ac.kr / Address: Graduate
School of Future Strategy, KAIST, 291 Daehak-ro, Yuseong-gu, Daejeon 34141 Korea.
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
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