Author: Susy Frankel
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
Book Description
Many investment agreements include intellectual property (IP) in the definition of 'covered investment' or 'asset'. Until recently, what this means in practice has not been the centre of any significant dispute. Now some IP right holders are challenging domestic intellectual property law through investor-state arbitration. In such disputes, the interpretation of relevant international agreements is subject to the rules of the Vienna Convention on the Law of Treaties, which require an analysis of the object and purpose of the treaty being interpreted. The object and purpose of international IP law are not only to provide rights holders with levels of protection at domestic law, but also to enable national regimes to calibrate IP law to meet certain domestic goals. Such goals relate predominantly to incentives to innovate or create, which are broader than simply protection, and include, for example, the need to encourage follow-on innovation. Also, related to IP law are other goals such as access to information and availability and affordability of pharmaceuticals. The objects and purposes of investment agreements are primarily about protecting investment from expropriation and ensuring fair treatment at domestic law. Thus, the protection of IP and the protection of investment as matters of international law overlap but are far from identical objectives. This article discusses how the objects and purposes of IP as an investment asset should be interpreted within the framework of investment disputes on the basis of Vienna Convention rules.
Interpreting the Overlap of International Investment and Intellectual Property Law
Author: Susy Frankel
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
Book Description
Many investment agreements include intellectual property (IP) in the definition of 'covered investment' or 'asset'. Until recently, what this means in practice has not been the centre of any significant dispute. Now some IP right holders are challenging domestic intellectual property law through investor-state arbitration. In such disputes, the interpretation of relevant international agreements is subject to the rules of the Vienna Convention on the Law of Treaties, which require an analysis of the object and purpose of the treaty being interpreted. The object and purpose of international IP law are not only to provide rights holders with levels of protection at domestic law, but also to enable national regimes to calibrate IP law to meet certain domestic goals. Such goals relate predominantly to incentives to innovate or create, which are broader than simply protection, and include, for example, the need to encourage follow-on innovation. Also, related to IP law are other goals such as access to information and availability and affordability of pharmaceuticals. The objects and purposes of investment agreements are primarily about protecting investment from expropriation and ensuring fair treatment at domestic law. Thus, the protection of IP and the protection of investment as matters of international law overlap but are far from identical objectives. This article discusses how the objects and purposes of IP as an investment asset should be interpreted within the framework of investment disputes on the basis of Vienna Convention rules.
Publisher:
ISBN:
Category :
Languages : en
Pages : 21
Book Description
Many investment agreements include intellectual property (IP) in the definition of 'covered investment' or 'asset'. Until recently, what this means in practice has not been the centre of any significant dispute. Now some IP right holders are challenging domestic intellectual property law through investor-state arbitration. In such disputes, the interpretation of relevant international agreements is subject to the rules of the Vienna Convention on the Law of Treaties, which require an analysis of the object and purpose of the treaty being interpreted. The object and purpose of international IP law are not only to provide rights holders with levels of protection at domestic law, but also to enable national regimes to calibrate IP law to meet certain domestic goals. Such goals relate predominantly to incentives to innovate or create, which are broader than simply protection, and include, for example, the need to encourage follow-on innovation. Also, related to IP law are other goals such as access to information and availability and affordability of pharmaceuticals. The objects and purposes of investment agreements are primarily about protecting investment from expropriation and ensuring fair treatment at domestic law. Thus, the protection of IP and the protection of investment as matters of international law overlap but are far from identical objectives. This article discusses how the objects and purposes of IP as an investment asset should be interpreted within the framework of investment disputes on the basis of Vienna Convention rules.
The Interface between Intellectual Property and Investment Law
Author: Oke, Emmanuel K.
Publisher: Edward Elgar Publishing
ISBN: 1839100850
Category : Law
Languages : en
Pages : 224
Book Description
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Publisher: Edward Elgar Publishing
ISBN: 1839100850
Category : Law
Languages : en
Pages : 224
Book Description
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Intellectual Property Objectives in International Investment Agreements
Author: Upreti, Pratyush N.
Publisher: Edward Elgar Publishing
ISBN: 1802204210
Category : Law
Languages : en
Pages : 293
Book Description
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
Publisher: Edward Elgar Publishing
ISBN: 1802204210
Category : Law
Languages : en
Pages : 293
Book Description
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
Research Handbook on Intellectual Property and Investment Law
Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 1788977823
Category : Law
Languages : en
Pages : 560
Book 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.
Publisher: Edward Elgar Publishing
ISBN: 1788977823
Category : Law
Languages : en
Pages : 560
Book 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.
Intellectual Property in New Zealand
Author: Susy Frankel
Publisher: Butterworth-Heinemann
ISBN: 9780408715065
Category : Intellectual property
Languages : en
Pages : 0
Book Description
Text covers traditional intellectual property law topics such as the laws of copyright, patents, registered designs and trade marks. The book also offers a discussion of the emerging law applying to computer technology and the internet, and considers issues of particular importance to New Zealand, such as the intellectual property rights of Maori.
Publisher: Butterworth-Heinemann
ISBN: 9780408715065
Category : Intellectual property
Languages : en
Pages : 0
Book Description
Text covers traditional intellectual property law topics such as the laws of copyright, patents, registered designs and trade marks. The book also offers a discussion of the emerging law applying to computer technology and the internet, and considers issues of particular importance to New Zealand, such as the intellectual property rights of Maori.
Intellectual Property Rights as Foreign Direct Investments
Author: Lukas Vanhonnaeker
Publisher: Edward Elgar Publishing
ISBN: 1784712515
Category : Law
Languages : en
Pages : 310
Book Description
What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct
Publisher: Edward Elgar Publishing
ISBN: 1784712515
Category : Law
Languages : en
Pages : 310
Book Description
What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct
Shifting Paradigms in International Investment Law
Author: Steffen Hindelang
Publisher: Oxford University Press
ISBN: 0191058289
Category : Law
Languages : en
Pages : 497
Book Description
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Publisher: Oxford University Press
ISBN: 0191058289
Category : Law
Languages : en
Pages : 497
Book Description
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
The Interpretation of International Investment Law
Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232230
Category : Business & Economics
Languages : en
Pages : 572
Book Description
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004232230
Category : Business & Economics
Languages : en
Pages : 572
Book Description
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Protection of Intellectual Property Rights Under International Investment Law
Author: Simon Klopschinski
Publisher:
ISBN: 9780191822407
Category : Intellectual property
Languages : en
Pages :
Book Description
Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include 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, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor-state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP-investment interface. Less
Publisher:
ISBN: 9780191822407
Category : Intellectual property
Languages : en
Pages :
Book Description
Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include 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, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor-state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP-investment interface. Less
The Protection of Intellectual Property Rights Under International Investment Law
Author: Simon Klopschinski
Publisher: Oxford International Arbitrati
ISBN: 9780198712268
Category : Law
Languages : en
Pages : 360
Book Description
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.
Publisher: Oxford International Arbitrati
ISBN: 9780198712268
Category : Law
Languages : en
Pages : 360
Book Description
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.