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

See all articles by Siegfried Fina

Siegfried Fina

University of Vienna - Faculty of Law; Stanford Law School

Gabriel M. Lentner

Danube University Krems; Stanford Law School

Date Written: February 1, 2017

Abstract

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

Suggested Citation

Fina, Siegfried and Lentner, Gabriel, The New Generation of International Investment Agreements Adopted by the EU and Its Implications for the Protection of Intellectual Property Rights (February 1, 2017). Journal of World Investment & Trade (2017) 271 – 305, Available at SSRN: https://ssrn.com/abstract=3068174

Siegfried Fina

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Gabriel Lentner (Contact Author)

Danube University Krems ( email )

Dr.-Karl-Dorrek-Strasse
30
3500, 3500
Austria

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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