Dispute Resolution in International and Bilateral Agreements
Heath/Kamperman Sanders (eds.), Intellectual Property and International Dispute Resolution (2019, Kluwer Law International)
20 Pages Posted: 15 Dec 2019 Last revised: 17 Dec 2019
Date Written: October 26, 2019
Investor-state dispute settlement (ISDS) claims have mainly centred on impairment of investments by the host state in banking, infrastructure development, mining, among other sectors. Intellectual property as a form of investment is protected by a considerable number of bilateral investment treaties, however, they have rarely been invoked in ISDS claims until recently. This paper sketches the fabric and the structure ISDS in bilateral investment treaties and how it is applied in practice. Secondly, it examines how arbitration tribunals have dealt with the subject of intellectual property rights by focusing on two standards of protections - expropriation and fair and equitable treatment. Lastly, the paper concludes with a discussion on the criticisms facing ISDS and possible paths for reform.
Keywords: ISDS, ISDS reform, IP, International and Bilateral Agreements
JEL Classification: K00
Suggested Citation: Suggested Citation