Download This PaperThe Intersection of ISDS and TRIPS Flexibilities
Chapter in Research Handbook on Intellectual Property and Investment Law, Christophe Geiger, ed. Edward Elgar Publishing, (Forthcoming)
21 Pages Posted: 20 Jun 2019
Date Written: June 14, 2019
Abstract
This chapter evaluates the extent to which TRIPS flexibilities are compromised by investor-state disputes regarding IP norms that are covered by TRIPS. The chapter begins with a brief discussion of IP norms under TRIPS, as well as TRIPS flexibilities and explains how ISDS poses a threat to TRIPS. Then the chapter analyzes the known investment disputes challenging IP norms to assess the significance of the ISDS threat to TRIPS flexibilities, including challenges by Philip Morris to tobacco labeling that restricts trademarks, Eli Lilly’s challenge to Canadian patent laws and several more recent disputes.
Keywords: TRIPS flexibilities, ISDS, investor-state dispute, Eli Lilly, promise doctrine, tobacco label, Philip Morris
JEL Classification: I1, I10, I18, I19, H51, K40, K41, K49, L52, L59, L88, L89, L69, L65, L12, L19
Suggested Citation: Suggested Citation
