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Research Handbook on Intellectual Property and Investment Law

Edited by Christophe Geiger, Professor of Law and Director of the Research Department, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France
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.
Extent: c 624 pp
Hardback Price: $330.00 Web: $297.00
Publication Date: March 2020
ISBN: 978 1 78897 781 4
Availability: Not yet published
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  • eISBN: 978 1 78897 782 1

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  • Law - Academic
  • Commercial Law
  • Intellectual Property Law
  • International Commercial Law
  • International Investment Law
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.
‘Most intellectual property scholars lack in-depth understanding of the IP-investment nexus. This much needed book is the solution we need. It provides world-class scholarship on this complex and controversial field of international law whose diverse impacts range from industrial development to public health. Readers will gain a truly global perspective on the subject.’
– Graham Dutfield, University of Leeds, UK
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.G. Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu
Contents:

1. Introduction
Christophe Geiger

PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION
Section 1 – The Interaction between Intellectual Property and Investment in the Context of Trade and Investment Treaties

2. Protecting intellectual property through trade and investment agreements: concepts, norm-setting, and dispute settlement
Henning Grosse Ruse-Khan

3. The object and purpose of mingling Intellectual Property, trade and investment
Susy Frankel

4. Mapping the evolution and trends of the nexus between intellectual property with trade and investment agreements
Pedro Roffe

5. When is intellectual property an ‘investment’?
Ruth L. Okediji

6. Intellectual property as protected investment: redefining the reach of investors’ rights
Carlos Correa

7. The relevance of national treatment and most-favoured-nation in the context of intellectual property and investment disputes
Lukas Vanhonnaeker

8. Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights
Bryan Mercurio

9. Intellectual property, investment and World Trade Organization (WTO): a historical account
Pratyush Nath Upreti

Section 2 – Intellectual Property and Investment Protection: the Impact on Regulatory Powers and Public Policy
10. The intersection of ISDS and TRIPS flexibilities
Cynthia M. Ho

11. Public policy considerations in intellectual property-related international investment arbitration
Simon Klopschinski

12. ISDS & IP: lessons from Lilly v. Canada
Daniel Gervais

PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION
Section 1 – Intellectual Property, Trade and Investment: Compared Enforcement Procedures and Future of Investor-State Dispute Settlement
13. Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights
Xavier Seuba

14. Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the investor-state dispute settlement system?
Graham Cook and Hannu Wager

15. Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication
Rochelle Cooper Dreyfuss

16. Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond
Enrico Bonadio and Althaf Marsoof

17. Conceptual and institutional improvements to investor-state dispute settlement
Peter K. Yu

Section 2 – Addressing the Role of Human Rights and Ethics in Intellectual Property and Investment Litigation
18. The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights?
Martin Husovec

19. Human rights and IP in investor to state dispute settlement
Tuomas Mylly

20. The Protection of intellectual property and foreign direct investment: the impact of equity
Thomas Cottier

Section 3 - Addressing the EU and national legal framework and its interactions with Intellectual Property and Investment Disputes
21. The EU’s cumbersome investment law and policy, and its effects on the protection of intellectual property rights
Szilárd Gáspár-Szilágyi

22. The compliance of investment protection mechanisms in Free Trade Agreements with EU law
Rainer Geiger

23. Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State
Daniel Segoin

24. Regulatory and policy issues arising from intellectual property and investor-state dispute settlement in the EU: A closer look at the TTIP and CETA
Christophe Geiger

Index