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: 19 Nov 2018
Date Written: November 15, 2018
Resolving foreign intellectual property disputes is difficult. While most rights holders have initially relied on domestic litigation in countries in which they invest or conduct business – or host states in investment lingo – the arrival of international intellectual property, trade and investment agreements have provided new alternative mechanisms for resolving these disputes.
To help develop a deeper understanding of the different pathways of multinational intellectual property dispute settlement, this chapter brings together three types of dispute resolution mechanisms: domestic litigation in host states, state-to-state dispute settlement and investor-state dispute settlement. This chapter begins by identifying the various challenges multinational intellectual property rights holders encounter when they seek to resolve foreign disputes. It highlights the mixed success international intellectual property agreements have had in addressing these challenges.
The chapter then examines state-to-state dispute settlement and investor-state dispute settlement, focusing on their strengths and limitations. The chapter concludes by reviewing the overall arrangement involving all three types of dispute settlement mechanisms. It draws three observations, with an aim to improve multinational intellectual property dispute settlement.
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