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Research Handbook on Intellectual Property and Investment Law

Research Handbook on Intellectual Property and Investment Law

Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 9781788977814
Published In: June 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national and international levels, chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake IP enforcement measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into property law, particularly with respect to the protection of IP as an investment.

Comprehensive and engaging, academics and higher-level students working on investment law, intellectual property and international public law, will benefit from this Research Handbook. Specialised lawyers and practitioners, as well as organizations involved in IP enforcement, will also find its insight into high profile cases indispensable.

1. Introduction - Christophe Geiger

PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION

Section 1 - The Interaction between Intellectual Property and Investment in the Context of Trade and Investment Treaties

2. Protecting intellectual property through trade and investment agreements: concepts, norm-setting, and dispute settlement -Henning Grosse Ruse-Khan

3. The object and purpose of mingling Intellectual Property, trade and investment - Susy Frankel

4. Mapping the evolution and trends of the nexus between intellectual property with trade and investment agreements - Pedro Roffe

5. When is intellectual property an `investment'? - Ruth L. Okediji

6. Intellectual property as protected investment: redefining the reach of investors' rights - Carlos Correa

7. The relevance of national treatment and most-favoured-nation in the context of intellectual property and investment disputes - Lukas Vanhonnaeker

8. Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights - Bryan Mercurio

9. Intellectual property, investment and World Trade Organization (WTO): a historical account - Pratyush Nath Upreti

Section 2 - Intellectual Property and Investment Protection: the Impact on Regulatory Powers and Public Policy

10. The intersection of ISDS and TRIPS flexibilities - Cynthia M. Ho

11. Public policy considerations in intellectual property-related international investment arbitration - Simon Klopschinski

12. ISDS & IP: lessons from Lilly v. Canada - Daniel Gervais

PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION

Section 1 - Intellectual Property, Trade and Investment: Compared Enforcement Procedures and Future of Investor-State Dispute Settlement

13. Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights - Xavier Seuba

14. Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the investor-state dispute settlement system? - Graham Cook and Hannu Wager

15. Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication - Rochelle Cooper Dreyfuss

16. Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond - Enrico Bonadio and Althaf Marsoof

17. Conceptual and institutional improvements to investor-state dispute settlement - Peter K. Yu

Section 2 - Addressing the Role of Human Rights and Ethics in Intellectual Property and Investment Litigation

18. The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? - Martin Husovec

19. Human rights and IP in investor to state dispute settlement - Tuomas Mylly

20. The Protection of intellectual property and foreign direct investment: the impact of equity - Thomas Cottier

Section 3 - Addressing the EU and national legal framework and its interactions with Intellectual Property and Investment Disputes

21. The EU's cumbersome investment law and policy, and its effects on the protection of intellectual property rights - Szilard Gaspar-Szilagyi

22. The compliance of investment protection mechanisms in Free Trade Agreements with EU law - Rainer Geiger

23. Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State - Daniel Segoin

24. Regulatory and policy issues arising from intellectual property and investor-state dispute settlement in the EU: A closer look at the TTIP and CETA - Christophe Geiger

Index