Safeguarding Public Welfare? Intellectual Property Rights, Health and the Evolution of Treaty Drafting in International Investment Agreements

2017 ◽  
pp. 241-271
Author(s):  
Bryan Mercurio
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Public Welfare ◽  
International Investment Agreements ◽  
Investment Agreements

The European Union’s New Generation of International Investment Agreements and Its Implications for the Protection of Intellectual Property Rights

2017 ◽  
pp. 271-305
Author(s):  
Siegfried Fina ◽  
Gabriel M. Lentner
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Legal Issues ◽  
The European Union ◽  
International Investment Agreements ◽  
New Generation ◽  
Investment Agreements ◽  
Do So

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.

scholarly journals Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives

2021 ◽  
pp. 77-94
Author(s):  
Kateryna Lazarchuk ◽  
Oksana Zadniprovska
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Investment Arbitration ◽  
Property Rights Protection ◽  
Protecting Intellectual Property ◽  
Investment Agreements

This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

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