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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.
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.
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.
Author: Lukas Vanhonnaeker Publisher: Edward Elgar Publishing ISBN: 1784712515 Category : Law Languages : en Pages : 320
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
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
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.
Author: Simon Klopschinski Publisher: ISBN: 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
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.
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.
Author: Metka Potočnik Publisher: Edward Elgar Publishing ISBN: 1788971817 Category : Law Languages : en Pages : 367
Book Description
In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
Author: Clara Ducimetière Publisher: ISBN: 9789464694840 Category : Languages : en Pages : 0
Book Description
"Intellectual property and international investment law originally developed as two separate legal fields, with their own rules and dispute settlement procedures. They are, however, increasingly interacting, and intellectual property is being protected under international investment agreements. This creates a paradigm shift, where investors can enforce their intellectual property rights in investor-state dispute settlement, a procedure whereby foreign investors can bring a claim against a host State for an alleged breach of an investment agreement. Recent EU investment agreements contain novel features that attempt to address some of the main deficiencies of old-generation investment agreements and traditional investment arbitration. This research focuses in particular on the safeguard of the right of states to regulate in the public interest, and on the essential functions of intellectual property rights. It formulates policy recommendations to achieve a balanced investment protection system for intellectual property assets, in EU investment agreements."--
Author: Upreti, Pratyush N.
Author: Upreti, Pratyush N.
Author: Christophe Geiger
Author: Lukas Vanhonnaeker
Author: Simon Klopschinski
Author: Oke, Emmanuel K.
Author: Simon Klopschinski
Author: Simon Klopschinski
Author: Susy Frankel
Author: Metka Potočnik
Author: Clara Ducimetière