The New Generation of International Investment Agreements Adopted by the EU and Its Implications for the Protection of Intellectual Property Rights
Journal of World Investment & Trade (2017) 271 – 305
Posted: 13 Nov 2017
Date Written: February 1, 2017
This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in enforcing IPRs through IIAs. The article will do so by examining in detail the criteria international tribunals have required in order to consider IPRs covered investments, and then analyzing the key protection standards considering the interaction between investment treaties and the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS). Because negotiators have reacted to the legal issues raised in this context with new and innovative treaty language, this article will further examine these issues based on the EU’s IIAs. Their drafting practice should be taken as an indication that existing IIAs should be interpreted rather narrowly in respect of the protection of IPRs.
Keywords: CETA, EU Investment Agreements, Intellectual Property Rights, International Investment Law, TRIPS
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