Protection of Intellectual Property Rights Under International Investment Law

Foreign direct investment (FDI) has become increasingly important in world economic activity and development, and IP rights have become increasingly enmeshed with international investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights. It also sets out hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, and engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.

\n Format: Hardback
\n Length: 592 pages
\n Publication date: 23 December 2020
\n Publisher: Oxford University Press
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Foreign direct investment (FDI) has emerged as a crucial factor in shaping the global economy and driving development in recent decades. In economic terms, the accumulated stock of FDI and its contribution to commercial activity by foreign affiliates have elevated its significance compared to international trade in goods and services. Simultaneously, the globalization of markets and the rise of consumer brands in numerous domestic markets have fostered an international perspective in managing and valuing intellectual property (IP) rights. As a result, IP rights have become deeply intertwined with international investment, leading to transnational disputes. Cases involving limitations on trademarks on tobacco packaging and the invalidation of pharmaceutical patents by domestic courts serve as examples of this phenomenon.

FDI has increasingly involved the exploitation of IP, which underpins highly valued products and services. This shift has altered the balance of return on FDI from physical assets to intellectual property. Consequently, IP rights have never been more economically and politically significant or contentious than they are today.

While international treaties have long protected IP, there has been a recent emergence of international treaties that also safeguard IP rights alongside other property rights. These treaties encompass various international investment agreements (IIAs), which consider IP rights as protected investments. This book aims to analyze the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights. It explores topics such as the fragmentation of international law, investor-host-state dispute resolution, and investors and investment.

By examining these issues, the book seeks to provide insights into the evolving landscape of IP rights and their implications for global economic cooperation and development. It sheds light on the challenges and opportunities that arise from the intersection of FDI, IP, and international law, and offers recommendations for policymakers and stakeholders to navigate this complex terrain effectively.

\n Weight: 1180g\n
Dimension: 179 x 254 x 44 (mm)\n
ISBN-13: 9780198712268\n \n