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The Protection of Intellectual Property Rights Under International Investment Law


ISBN13: 9780198712268
Published: December 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £152.50



Despatched in 4 to 6 days.

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. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. 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 and their relationship to the key international treaties in 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.

The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number 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 and the work also 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.

Subjects:
Intellectual Property Law, International Investment Law, Arbitration and Alternative Dispute Resolution
Contents:
1:Introduction
2:The Fragmentation of Public International Law
3:Investor-Host-State Arbitration
4:Investment and Investor
5:Relative Treatment Standards: National Treatment and the Most Favoured Nation Clause
6:Absolute Standards of Treatment: 'Fair and Equitable Treatment' and 'Full Protection and Security'
7:Expropriation
8:Conclusions

Series: Oxford International Arbitration Series

Consent in International Arbitration 2nd ed ISBN 9780198802990
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Provisional Measures in Investment Arbitration ISBN 9780199685790
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Discrimination in International Investment Arbitration ISBN 9780192857262
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Discrimination in International Investment Arbitration (eBook) ISBN 9780192671608
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Tribunal Secretaries in International Arbitration ISBN 9780198835813
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Tribunal Secretaries in International Arbitration (eBook) ISBN 9780192572707
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Procedural Issues in International Investment Arbitration (eBook) ISBN 9780191044892
Published March 2018
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Procedural Issues in International Investment Arbitration ISBN 9780198729037
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Calculation of Compensation and Damages in International Investment Law 2nd ed ISBN 9780198749936
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Arbitration of International Mining Disputes: Law and Practice ISBN 9780198757641
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Attorney-Client Privilege in International Arbitration ISBN 9780198795865
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Attorney-Client Privilege in International Arbitration (eBook) ISBN 9780192515391
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Arbitration of Trust Disputes: Issues in National and International Law ISBN 9780198759829
Published October 2016
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Arbitration of Trust Disputes: Issues in National and International Law (eBook) ISBN 9780191077999
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The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals ISBN 9780198715610
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Corruption in International Investment Arbitration (eBook) ISBN 9780191023705
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Corruption in International Investment Arbitration ISBN 9780198714262
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The Coordination of Multiple Proceedings in Investment Treaty Arbitration ISBN 9780199684861
Published June 2013
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Annulment under the ICSID Convention (eBook) ISBN 9780191634796
Published December 2012
Oxford University Press
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Annulment under the ICSID Convention ISBN 9780199653744
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Consent in International Arbitration (eBook) ISBN 9780191638190
Published March 2012
Oxford University Press
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Treaty Interpretation in Investment Arbitration (eBook) ISBN 9780191638176
Published March 2012
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Consent in International Arbitration ISBN 9780199698158
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£267.50
Treaty Interpretation in Investment Arbitration ISBN 9780199641475
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Third Parties in International Commercial Arbitration ISBN 9780199572083
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Chinese Investment Treaties: Policies and Practice ISBN 9780199230259
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