Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation

European Intellectual Property Review 40(4) 2018

18 Pages Posted: 3 Apr 2018 Last revised: 7 May 2018

Date Written: February 17, 2018

Abstract

Philip Morris v Uruguay is one of the first high ­profile cases where IPRs have been litigated in investor ­state dispute settlement (ISDS). The tribunal decision reaffirms the state’s sovereign right to regulate matters of public interest and held that public health measures do not amount to expropriation and violation of fair and equitable treatment under international investment law. The tribunal decision in favour of Uruguay and in general the success of tobacco plain packaging attracted countries to adopt such measures for unhealthy foods and drinks. This reflects that globally we are moving towards new IP system for health.

Keywords: ISDS, Intellectual Property, regulation, health

Suggested Citation

Upreti, Pratyush Nath, Philip Morris v Uruguay: A Breathing Space for Domestic IP Regulation (February 17, 2018). European Intellectual Property Review 40(4) 2018. Available at SSRN: https://ssrn.com/abstract=3125316 or http://dx.doi.org/10.2139/ssrn.3125316

Pratyush Nath Upreti (Contact Author)

Sciences Po Law School ( email )

27 rue Saint-Guillaume
Paris, 75337
France

HOME PAGE: http://www.pratyushupreti.com.np/

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