Interpreting The Overlap Of International Investment And Intellectual Property Law

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Interpreting the Overlap of International Investment and Intellectual Property Law

Author : Susy Frankel
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Interpreting the Overlap of International Investment and Intellectual Property Law by : Susy Frankel

Download or read book Interpreting the Overlap of International Investment and Intellectual Property Law written by Susy Frankel and published by . This book was released on 2017 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment agreements include intellectual property (IP) in the definition of 'covered investment' or 'asset'. Until recently, what this means in practice has not been the centre of any significant dispute. Now some IP right holders are challenging domestic intellectual property law through investor-state arbitration. In such disputes, the interpretation of relevant international agreements is subject to the rules of the Vienna Convention on the Law of Treaties, which require an analysis of the object and purpose of the treaty being interpreted. The object and purpose of international IP law are not only to provide rights holders with levels of protection at domestic law, but also to enable national regimes to calibrate IP law to meet certain domestic goals. Such goals relate predominantly to incentives to innovate or create, which are broader than simply protection, and include, for example, the need to encourage follow-on innovation. Also, related to IP law are other goals such as access to information and availability and affordability of pharmaceuticals. The objects and purposes of investment agreements are primarily about protecting investment from expropriation and ensuring fair treatment at domestic law. Thus, the protection of IP and the protection of investment as matters of international law overlap but are far from identical objectives. This article discusses how the objects and purposes of IP as an investment asset should be interpreted within the framework of investment disputes on the basis of Vienna Convention rules.

The Interface between Intellectual Property and Investment Law

Author : Oke, Emmanuel K.
Publisher : Edward Elgar Publishing
ISBN 13 : 1839100850
Total Pages : 224 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Interface between Intellectual Property and Investment Law by : Oke, Emmanuel K.

Download or read book The Interface between Intellectual Property and Investment Law written by Oke, Emmanuel K. and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.

Intellectual Property Objectives in International Investment Agreements

Author : Upreti, Pratyush N.
Publisher : Edward Elgar Publishing
ISBN 13 : 1802204210
Total Pages : 293 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Intellectual Property Objectives in International Investment Agreements by : Upreti, Pratyush N.

Download or read book Intellectual Property Objectives in International Investment Agreements written by Upreti, Pratyush N. and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.

Research Handbook on Intellectual Property and Investment Law

Author : Christophe Geiger
Publisher : Edward Elgar Publishing
ISBN 13 : 1788977823
Total Pages : 560 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Intellectual Property and Investment Law by : Christophe Geiger

Download or read book Research Handbook on Intellectual Property and Investment Law written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.

Intellectual Property in New Zealand

Author : Susy Frankel
Publisher : Butterworth-Heinemann
ISBN 13 : 9780408715065
Total Pages : 0 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis Intellectual Property in New Zealand by : Susy Frankel

Download or read book Intellectual Property in New Zealand written by Susy Frankel and published by Butterworth-Heinemann. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Text covers traditional intellectual property law topics such as the laws of copyright, patents, registered designs and trade marks. The book also offers a discussion of the emerging law applying to computer technology and the internet, and considers issues of particular importance to New Zealand, such as the intellectual property rights of Maori.

Intellectual Property Rights as Foreign Direct Investments

Author : Lukas Vanhonnaeker
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712515
Total Pages : 310 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Intellectual Property Rights as Foreign Direct Investments by : Lukas Vanhonnaeker

Download or read book Intellectual Property Rights as Foreign Direct Investments written by Lukas Vanhonnaeker and published by Edward Elgar Publishing. This book was released on 2015-07-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 497 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

The Interpretation of International Investment Law

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232230
Total Pages : 572 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Interpretation of International Investment Law by : Todd Weiler

Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Protection of Intellectual Property Rights Under International Investment Law

Author : Simon Klopschinski
Publisher :
ISBN 13 : 9780191822407
Total Pages : pages
Book Rating : 4.8/5 (224 download)

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Book Synopsis Protection of Intellectual Property Rights Under International Investment Law by : Simon Klopschinski

Download or read book Protection of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor-state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP-investment interface. Less

The Protection of Intellectual Property Rights Under International Investment Law

Author : Simon Klopschinski
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198712268
Total Pages : 360 pages
Book Rating : 4.7/5 (122 download)

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Book Synopsis The Protection of Intellectual Property Rights Under International Investment Law by : Simon Klopschinski

Download or read book The Protection of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and published by Oxford International Arbitrati. This book was released on 2020-07-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.

Protection of Intellectual Property Rights Under International Investment Law

Author : Simon Klopschinski
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)

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Book Synopsis Protection of Intellectual Property Rights Under International Investment Law by : Simon Klopschinski

Download or read book Protection of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor–state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP–investment interface. Less

When Private International Law Meets Intellectual Property Law

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280529137
Total Pages : 92 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis When Private International Law Meets Intellectual Property Law by : World Intellectual Property Organization

Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Intellectual Property Rights in International Investment Agreements

Author : Tania Voon
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Intellectual Property Rights in International Investment Agreements by : Tania Voon

Download or read book Intellectual Property Rights in International Investment Agreements written by Tania Voon and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property is routinely regulated by international investment agreements ('IIAs') as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual property and international investment law remains largely unexplored. This chapter sheds light on that relationship, revealing both uncertainty and fragmentation, as well as deliberate attempts at constructively integrating intellectual property regulation and international investment law. It primarily examines three substantive investment obligations in connection with intellectual property: most-favoured-nation obligations, expropriation, and so-called 'umbrella clauses'. Through this analysis, complex and unsettled questions are discussed, such as the role of municipal law in determining the contours of intellectual property rights protected by IIAs, and the ability of umbrella clauses to de facto incorporate intellectual property obligations into IIAs from other treaties. By applying the analysis to the most significant ongoing investment claim relating to intellectual property -- the Philip Morris plain-packaging dispute -- this chapter demonstrates the practical significance of bringing clarity and enhanced certainty to the relationship between IIAs and intellectual property.

When Intellectual Property Meets Investor-state Dispute Settlement

Author : Pratyush Nath Upreti
Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.:/5 (131 download)

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Book Synopsis When Intellectual Property Meets Investor-state Dispute Settlement by : Pratyush Nath Upreti

Download or read book When Intellectual Property Meets Investor-state Dispute Settlement written by Pratyush Nath Upreti and published by . This book was released on 2020 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis aims to examine the relationship between intellectual property (IP) and investment agreements where intellectual property rights have been litigated in investment arbitration. It analyses the issues arising from those disputes through the perspectives of national and international legal orders and offers a normative analysis to resolve the tension brought by IP and investor-state dispute settlement (ISDS) interaction. The analysis achieved here can significantly impact approaches of treaty-making to safeguard IP objectives in international investment agreements and thus respond to the threat that investment arbitration may possess. In so doing, the analysis is not confined to the IP regime; rather, it takes a pragmatic approach in terms of substantial analysis by exploring the trade regime, investment law and arbitration to address key challenges to IP--ISDS interaction.

The Elgar Companion to Intellectual Property and the Sustainable Development Goals

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
ISBN 13 : 180392523X
Total Pages : 703 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The Elgar Companion to Intellectual Property and the Sustainable Development Goals by : Matthew Rimmer

Download or read book The Elgar Companion to Intellectual Property and the Sustainable Development Goals written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.

Intellectual Property Ordering Beyond Borders

Author : Henning Grosse Ruse-Khan
Publisher :
ISBN 13 : 9781009069540
Total Pages : 0 pages
Book Rating : 4.0/5 (695 download)

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Book Synopsis Intellectual Property Ordering Beyond Borders by : Henning Grosse Ruse-Khan

Download or read book Intellectual Property Ordering Beyond Borders written by Henning Grosse Ruse-Khan and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the last century, intellectual property (IP) law has expanded within and beyond national borders. Once a niche area concerning authors, inventors and trademark owners, IP law now acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilized for its global protection rely on public international law as a common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multi-dimensional expansion. This comprehensive and far-reaching volume tackles problems ranging from generalist approaches under the law of treaties, custom and general principles, interfaces between IP and other normative orders such as trade and investment, and interdisciplinary accounts from an economic, political and social science perspective. This title is also available Open Access on Cambridge Core"--

Intellectual Property and International Dispute Resolution

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191127
Total Pages : 384 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property and International Dispute Resolution by : Christopher Heath

Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.