The Pathways of Multinational Intellectual Property Dispute Settlement
INTELLECTUAL PROPERTY AS PROPERTY: OF PHARMACEUTICALS, TOBACCO, COMMODITIES AND OTHER MATTERS, Christopher Heath and Anselm Kamperman Sanders, eds., Kluwer Law International, 2019, Forthcoming
16 Pages Posted: 15 Nov 2018 Last revised: 14 May 2019
Date Written: November 15, 2018
Multinational intellectual property dispute settlement is fraught with challenges. While most right holders have relied on domestic litigation in countries in which they invest or conduct business – or host states in investment lingo – the arrival of new international trade, investment and intellectual property agreements have provided alternative mechanisms for settling these disputes.
To deepen our understanding of the different pathways of multinational intellectual property dispute settlement, this chapter assesses three distinct mechanisms: (1) domestic litigation in host states; (2) state-to-state dispute settlement (SSDS); and (3) investor-state dispute settlement (ISDS).
This chapter begins by identifying the various challenges multinational intellectual property right holders encounter when they seek to resolve foreign disputes. It then highlights the improvements provided by international intellectual property agreements and the agreements’ mixed success in alleviating the right holders’ challenges. The chapter further reviews the strengths and limitations of SSDS and ISDS, discussing each dispute settlement mechanism in turn. It concludes with three observations, aiming to improve multinational intellectual property dispute settlement.
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