Investor-State Dispute Settlement Mechanism and Intellectual Property Matters

8 Pages Posted: 17 Aug 2015

Date Written: August 16, 2015

Abstract

The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing intellectual property rights (IPR) in the purview of investment chapters of trade agreements. In this paper we will try to examine the effect of treating IP as an investment in the trade agreements and utilization of ISDS to resolve IP matters by way of analyzing the IPR cases that have been brought before the courts by the foreign investors in various countries.

Keywords: Investor State Dispute Settlement, Intellectual property rights, Trade mark, Patents, International law, Bi-lateral agreements

Suggested Citation

Sharma, Apoorva, Investor-State Dispute Settlement Mechanism and Intellectual Property Matters (August 16, 2015). Available at SSRN: https://ssrn.com/abstract=2645198 or http://dx.doi.org/10.2139/ssrn.2645198

Apoorva Sharma (Contact Author)

SMAS Intellectual Property ( email )

Prism Tower, Office 2201-2211, 22nd Floor
Business Bay, P.O Box 14159
Dubai, 14159
United Arab Emirates

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