The Protection of Intellectual Property Rights

Simon Klopschinski, Christopher Gibson

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. At the same time, the globalization of markets and the development of consumer brands has brought an increasingly international approach to the management and value of intellectual property (IP) rights. IP rights have become increasingly enmeshed with international investment and the subject of transnational disputes — evidenced by cases concerning limitations for trademarks on tobacco packaging, or invalidation of pharmaceutical patents by domestic courts.

There have long been international treaties protecting IP, but in recent years other treaties have come into being that protect IP rights along with other property rights, including various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to key international IP treaties, with reference to the fragmentation of international law, investor-host-state dispute resolution, investors and investments, relative and absolute standards of treatment, and expropriation.

The work sets out hypothetical cases based on actual cases decided by other adjudicating bodies, including issues and applicable law for disputes arising from actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.

Contents: Introduction; The Fragmentation of Public International Law; Investor-Host-State Arbitration; Investment and Investor; Relative Treatment Standards; Absolute Standards of Treatment; Expropriation; Conclusions.

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Q&A

Who is this book for?
Practitioners and academics working at the intersection of international investment law and intellectual property rights.

What kind of disputes does it examine?
ISDS cases touching IP rights, including hypothetical cases modelled on Philip Morris tobacco-packaging and Eli Lilly pharmaceutical patent disputes.

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