Intellectual Property Objectives In International Investment Agreements
Intellectual Property Objectives In International Investment Agreements Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Intellectual Property Objectives In International Investment Agreements book. This book definitely worth reading, it is an incredibly well-written.
Intellectual Property Objectives in International Investment Agreements by Upreti, Pratyush N. Pdf
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.
Intellectual Property Rights as Foreign Direct Investments by Lukas Vanhonnaeker Pdf
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
Research Handbook on Intellectual Property and Investment Law by Christophe Geiger Pdf
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.
Protection of Intellectual Property Rights Under International Investment Law by Simon Klopschinski Pdf
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
Protection of Intellectual Property Rights Under International Investment Law by Simon Klopschinski Pdf
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 Interface between Intellectual Property and Investment Law by Oke, Emmanuel K. Pdf
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 in New Zealand by Susy Frankel,Geoff McLay Pdf
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 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."--
The Protection of Intellectual Property Rights Under International Investment Law by Simon Klopschinski,Christopher Gibson,Henning Grosse Ruse-Khan Pdf
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.
Improving International Investment Agreements by Armand De Mestral,Céline Lévesque Pdf
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
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.
Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf
This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.
Thomas Westcott,United Nations Conference on Trade and Development
Author : Thomas Westcott,United Nations Conference on Trade and Development Publisher : Unctad Series International Investment Page : 164 pages File Size : 43,6 Mb Release : 2008 Category : Business & Economics ISBN : UCBK:C099200999
Identifying Core Elements in Investment Agreements in the APEC Region by Thomas Westcott,United Nations Conference on Trade and Development Pdf
This study responds to an Asia-Pacific Economic Cooperation (APEC) forum Investment Experts Group request to identify the core elements in investment agreements in the APEC region. This includes identifying the range of approaches taken in respect of these elements. The study sample, selected by APEC, includes 28 international investment agreements (IIAs) between and/or involving APEC member economies. These comprise 14 bilateral investment treaties (BITs) and 14 preferential trade and investment agreements (PTIAs).The report also provides a means for considering how different IIA address three possible objectives: investment liberalisation, investment protection, and investment promotion.
International Investment Law and EU Law by Marc Bungenberg,Joern Griebel,Steffen Hindelang Pdf
The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.
Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
