IP Licence as an Investment: Insights from Bridgestone v. Panama

Stockholm Intellectual Property Law Review (2018)1 (1) 16-27

13 Pages Posted: 18 Jun 2018

Date Written: June 1, 2018

Abstract

The relationship between intellectual property (IP) and investment is old, but the debates are new. Recent high profile cases in which intellectual property rights (IPRs) are being sought to be protected by means of international investment law and treaties have generated visible debate and discussion. In the light of the recent decision on expedited objections in Bridgestone Licensing v. Republic of Panama, this article will explore arguments put forwarded by both parties regarding the interaction between IP Licence Agreements and the definition of investment, as well as the Tribunal’s finding on the question whether an IP Licence with a revenue sharing model qualifies as an investment.

Keywords: licence, ISDS, IPRs, investment, trademark

Suggested Citation

Upreti, Pratyush Nath, IP Licence as an Investment: Insights from Bridgestone v. Panama (June 1, 2018). Stockholm Intellectual Property Law Review (2018)1 (1) 16-27. Available at SSRN: https://ssrn.com/abstract=3188731

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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