Protection of Intellectual Property Rights Under International Investment Law
Language: English
Published by Oxford University Press, 2021
- Hardcover
- New
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- Title
- Protection of Intellectual Property Rights Under International Investment Law
- Author
- Klopschinski, Simon; Gibson, Christopher S.; Ruse-Khan, Henning Grosse
- Publisher
- Oxford University Press
- Publication year
- 2021
- Condition
- New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 019871226X
- ISBN 13
- 9780198712268
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 and their relationship to the key international treaties in 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.
The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number 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 and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.
"Synopsis" may belong to another edition of this title.
About the Author
Professor Christopher Gibson is an expert in international law, international arbitration, and international intellectual property issues at Suffolk University Law School in Boston. Previously, Professor Gibson was a partner in the London office of Steptoe & Johnson LLP, where he specialized in the areas of international arbitration, intellectual property, and technology disputes and transactions. Professor Gibson teaches and writes in the areas of international dispute resolution, international intellectual property, international trade, and internet law and technology.
Henning Grosse Ruse-Khan is a University Reader in International and European Intellectual Property Law at the University of Cambridge, a Fellow of King's College (Cambridge) and an external researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany). Henning's research and teaching focuses on international intellectual property protection and development issues, world trade and investment law, as well as on interfaces amongst legal orders in international law, including transnational law set by private actors.
"About the title" may belong to another edition of this title.
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