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Intellectual Property and International Dispute Resolution

Intellectual Property and International Dispute Resolution

Author: Wilson Mbugua
Publisher: Kluwer Law International
ISBN: 9789041190970
Published In: September 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. In this important book – the first in-depth treatment of the interface between intellectual property rights and international dispute resolution – a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified.

The contributions cover such aspects as:

history and current practice of international dispute resolution;
direct application of international agreements by national courts;
comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards;
what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property;
legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and
how societal interests could influence future legislation in the field of intellectual property law.

One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals.

The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to policymakers, practitioners and scholars in both international trade law and intellectual property law.

Summary of Contents

Preface

About the Authors and Editors

Chapter 1
Investor State Dispute Settlement (ISDS) in the Field of Intellectual Property Law and Beyond
Christopher Heath and Anselm Kamperman Sanders

PART I: GIVING EFFECT TO INTERNATIONAL TRADE AGREEMENTS – HISTORY AND PROCEDURE

Chapter 2
Dispute Resolution in International and Bilateral Agreements
Shahla Ali and Wilson Mbugua

Chapter 3
The History of Investment Tribunals and the Protection of IPRs under Investment Treaties
Flavia Marisi and Julien Chaisse

Chapter 4
Dispute Resolution Under the WTO Regime
Jens Hillebrand Pohl

Chapter 5
The Direct Application of International IP Agreements before National Courts
Christopher Heath

Chapter 6
The Pathways of Multinational Intellectual Property Dispute Settlement
Peter K. Yu

PART II: DISPUTES INVOLVING INTELLECTUAL PROPERTY RIGHTS, NAMELY PLAIN PACKAGING LEGISLATION

Chapter 7
Intellectual Property as Investment and the Implications for Industrial Policy
Anselm Kamperman Sanders

Chapter 8
Lilly v. Canada: Lessons for International Intellectual Property Law and Policy
Daniel J. Gervais

Chapter 9
The Tobacco Plain Packaging Legislation before Investor-State Tribunals: Philip Morris Asia v. Australia and Philip Morris et al. v. Uruguay
Iveta Alexovicova

Chapter 10
The WTO Disputes regarding Tobacco Plain Packaging: Selected TRIPS Findings from the Panel Stage
Wolf R. Meier-Ewert

Chapter 11
Unpacking Constitutional Protection for Trade Marks: The Plain Packaging Disputes before National Courts
Robert Burrell

Index