Research Handbook on Intellectual Property and Investment Law (Research Handbooks in Intellectual Property series)

Description

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the 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 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 intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms.   Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gáspár-Szilágyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu Cover Copyright Contents Tables Contributors Abbreviations Introduction Protecting intellectual property through trade and investment agreements_ concepts, norm-setting and dispute settlement The object and purpose of mingling intellectual property, trade and investment Mapping the evolution and trends of the nexus between intellectual property, trade and investment When is intellectual property an investment_ Intellectual property as protected investment_ redefining the reach of investors rights The relevance of National Treatment and Most Favoured Nation in the context of intellectual property and investment disputes Keep calm and carry on_ lessons from the jurisprudence on fair and equitable treatment and intellectual property rights Intellectual property, investment and the World Trade Organization (WTO)_ a historical account The intersection of ISDS and TRIPS flexibilities Public policy considerations in intellectual property-related international investment arbitration Investor-State Dispute Settlement and intellectual property_ lessons from Lilly v. Canada Jurisdictional overlaps in international intellectual property_ challenges arising from the proliferation of preferential trade agreemen Adjudicating intellectual property disputes at the GATTWTO_ are there general lessons for the Investor-State Dispute Settlement system_ Protecting fundamental values in international IP disputes_ investor-state vs. WTO adjudication Logo_ No logo_ The WTO dispute on plain packaging of tobacco, and beyond Conceptual and institutional improvements to investor-state dispute settlement The fundamental right to property and the protection of investment_ how difficult is it to repeal new intellectual property rights_ Human rights and intellectual property in investor to state dispute settlement The protection of intellectual property and foreign direct investment_ the impact of equity The EUs cumbersome investment law and policy, and its effects on the protection of intellectual property rights The compliance of investment protection mechanisms in Free Trade Agreements with EU law Intellectual property in trade-related international agreements_ a legal analysis from the perspective of a Member State Regulatory and policy issues arising from intellectual property and Investor-State Dispute Settlement in the EU_ a closer look at the TT Index