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Vol 25 No 2 Feb/March 2020

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Arbitrating Brands: International Investment Treaties and Trade Marks

ISBN13: 9781788971805
Published: August 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00

In stock.

Brand recognition is crucial to companies promoting the sale of products and services. Directors invest considerable revenue into developing brand imagery that is unique and identifiable.

Linking intellectual property law and international investment law, Arbitrating Brands takes the opportunity to analyse trade marks and brands as examples of foreign direct investment.

In light of the Phillip Morris cases against Australia and Uruguay, Metka Potočnik explores the substantive protection of trade marks under international investment treaties, unpacking the specifics of arbitrating investment claims arising out of state trade mark regulation. Utilising plain packaging regulation for tobacco products as a springboard for analysis, this book offers a practical approach with recommendations for arbitrators on how to approach trade mark investment cases.

Detailed and insightful, this book is essential reading for arbitration practitioners, offering practical analytical tools to approaching the adjudication of trade mark investment disputes. It will also be of interest to the growing group of researchers and students focusing on intellectual property arbitration. Furthermore, brand owners following developments in the field will benefit from this book’s insight into the trajectories of trade mark legislation.

Intellectual Property Law, International Investment Law, Arbitration and Alternative Dispute Resolution
1. Introduction
2. Trade Mark Investment Disputes: Case Studies
3. Special Approach: A Justification
4. Jurisdiction and Applicable Law in Trade Mark Investment Disputes
5. Defining Trade Marks and Brands as Investment Assets: Delegation to Trade Mark Law
6. Attributes of Property in Investment Assets: Origins in Investment Law
7. State Liability for Regulating Trade Marks and Brands: The Dialogue of Two Bodies of Law
8. Controlling The Power of Brands: In Search of a Balanced Approach Via the International Rule of Law
9. Remedies in Trade Mark Investment Arbitration
10. Conclusion