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

Author(s):  
Kateryna Lazarchuk ◽  
Oksana Zadniprovska

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.

Complexity ◽  
2020 ◽  
Vol 2020 ◽  
pp. 1-11
Author(s):  
Tong Chu ◽  
Yu Yu ◽  
Xiaoxue Wang

Based on the oligopoly game theory and the intellectual property rights protection policy, we investigate the complex dynamical behaviors of a mixed duopoly game with quadratic cost. In the new system, a few parameters are improved by considering intellectual property rights protection and the stability conditions of the Nash equilibrium point are discussed in detail. A set of the two-dimensional bifurcation diagrams is demonstrated by using numerical modeling, and these diagrams show abundant complex dynamical behaviors, such as coexistence of attractors, different bifurcation, and fractal structures. These dynamical properties can present the long-run effects of strengthening intellectual property protection.


Author(s):  
Manjula Raghav ◽  
Nisha Dhanraj Dewani

Development and advancement in information technologies have paved the path for many challenges for the intellectual property rights holders. There are several forms of cybercrimes such as pornography, stalking, cyber fraud, cyber terrorism, etc., that are affecting people, hurdling e-commerce, challenging law, and disturbing the channel of information and communication. No doubt that cybercrimes are offences where the computer is the means of the commission of the offence as well as a target of the offence. Apparently, such offences are generated through electronic means where mens rea has no role to play. This unruly horse is creating several problems in the world of intellectual property, which has the capacity to affect global commerce. This chapter will focus on Indian case laws to showcase the interface between IPR and cyberspace. Also the dealing of issues like cybersqatting, cyberbullying, cyber theft will be discussed in order to check the competency of IPR.


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