Protection of Intellectual Property Rights Under International Investment Law

; Christopher Gibson ; Henning Grosse Ruse-Khan

«The Protection of Intellectual Property Rights Under International Investment Law is one of the first comprehensive monographs on the protection of IP under international investment law. This volume is rich in research, and the authors conduct a clear, systematic and balanced examination of the resolution and enforcement of investment disputes involving IP rights. Throughout the book, the authors examine in detail the disputes to show how distinct legal regimes are essentially at odds, both domestically and internationally, across jurisdictions that differ in investor and IP protection. The authors' predictions about ISDS cases that involve IP rights seem generally sound.»

Jun Zhao and Yuxin Liu, Zhejiang University, Chinese Journal of International Law
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. Les mer
Vår pris
2110,-

(Innbundet) Fri frakt!
Leveringstid: Sendes innen 21 dager

Innbundet
Legg i
Innbundet
Legg i
Vår pris: 2110,-

(Innbundet) Fri frakt!
Leveringstid: Sendes innen 21 dager

Om boka

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. At the same time, the globalization of markets and the development of consumer brands in many domestic markets has brought an
increasingly international approach to the management, and value, of intellectual property (IP) rights. IP Rights have therefore become increasingly enmeshed with international investment and the subject of transnational disputes as evidenced by cases that concern, inter alia, various limitations for
trademarks used on tobacco packaging, or the invalidation of pharmaceutical patents by domestic courts. FDI is increasingly involved with the exploitation of IP which underpins highly valued products and services and this has shifted the balance of return on FDI from physical to intellectual property. Thus, IP rights have never been more economically and politically important or controversial than they are today.

There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment.

This book analyses the standards of treatment and protection enshrined in IIAs for IP rights and their relationship to the key international treaties in IP Rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation.

The work fills the significant gaps left by the comparably small amount of intellectual property related ISDS case-law. As IP Rights are a more recent concern in FDI, many questions regarding the relevance of IIA for IP rights are yet to be decided by investment tribunals. To assist the practitioner in understanding how IP Rights will be treated in investment disputes, the work sets out a number of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal
contexts, such the European Court of Human Rights or the European Court of Justice and the work also engages with the issues and applicable law for disputes involving IP Rights arising from the actions relating to Philip Morris trademarks in Australia and Uruguay, and Eli Lilly.

Fakta

Anmeldelser

«The Protection of Intellectual Property Rights Under International Investment Law is one of the first comprehensive monographs on the protection of IP under international investment law. This volume is rich in research, and the authors conduct a clear, systematic and balanced examination of the resolution and enforcement of investment disputes involving IP rights. Throughout the book, the authors examine in detail the disputes to show how distinct legal regimes are essentially at odds, both domestically and internationally, across jurisdictions that differ in investor and IP protection. The authors' predictions about ISDS cases that involve IP rights seem generally sound.»

Jun Zhao and Yuxin Liu, Zhejiang University, Chinese Journal of International Law

«Overall, the book provides an excellent in-depth analysis of the interplay between IP and international investment law, a topic that will likely gain momentum in the coming years.»

Michaël Alder, Swiss Federal Institute of Intellectual Property, sic!

«In conclusion, this book is, without a doubt, a masterly achievement. It is certain to become an instant classic for all scholars and practitioners interested in and working at the interface between international investment arbitration and IP law.»

Prof. Dr. Gabriel M. Lentner, Danube University Krems, International & Comparative Law Quarterly

«.. To answer these questions, the law of international investment agreements must be considered in its breadth. Since it is a very dynamic area of law, fed by a multitude of agreements and the rulings issued on them, and which may be facing fundamental change, especially in recent times, not least due to increasing criticism from civil society, this is a daunting task. All the more reason to admire the authors of the present volume, who have devoted themselves to this task with enormous expertise, detail, and analytical clarity. [...] It is all the better that with this volume a standard work has been created that thoroughly examines the problem and, thanks to its extensive footnotes and indexes, makes it easier for the interested reader to obtain further information if necessary [Translated]»

Prof. Dr. Annette Kur, Max Planck Institute for Innovation and Competition, MarkenR

«This book not only covers the necessary issues as a research book of a very high standard, but also carefully and clearly describes the origins of international investment law, its complex legal structure, explanations of basic concepts, and the latest discussions on ISDS system reform. The contents are easy to understand for beginners. This book will be a must-have for both practitioners and researchers to understand the whole picture of transnational IP Protection. [Translated]»

Professor Tomoko Yamashita, Aichi Prefectural University, Journal of the Japanese Group of A.I.P.P.I

«Loukas Mistelis, editor of the series in which this 22nd volume has been published in English by Oxford University Press, makes it clear in his preface what the expectation of the work is: "The Protection of Intellectual Property Rights under International Investment Law ... aims to and is eminently placed to be the undisputed reference book on the topic." The authors of this comprehensive new publication have laid the very best foundation for this. The book belongs in the library of every practitioner working in the field of international IP or investment protection. It will be an indispensable partner to anyone. [Translated]»

Dr. Stefan Luginbühl, European Patent Office, GRUR

«To all those who are interested in IP rights and their connection to international arbitration, this book turns out to be mandatory, not only to scholars, practitioners, and politicians, but also to anyone who loves reading outstanding pieces of work [...]»

Juan Manuel Rivero Godoy, TPR Mercosur, Revista de la Secretaría del Tribunal Permanente de Revisíon

«This twentysecond book in the series by Simon Klopschinski, Christopher Gibson, and Henning Grosse RuseKhan is the first comprehensive treatise on the protection of intellectual property under international investment law and it aims to and is eminently placed to be the undisputed reference book on the topic.»

Prof. Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration

«In the early pages of the book, the authors mention how litigation of IP-based investment disputes is complicated by the fact that arbitrators often do not have an IP background. This book certainly fills this void. Whether you are an IP specialist with limited knowledge of investment law or an expert on ISDS who needs to familiarise himself with the specificities of IP-based cases, this book will provide answers to your questions in an advanced, yet understandable, manner.»

Anastasiia Kyrylenko, The IPKat

«The book provides the reader with profound insights into a very complex field. It convinces with a well thought-out structure and legal precision. Due to its depth of detail and analytical quality, it is scholarly at the highest level. At the same time, due to its case studies, the work is (also) well suited for practitioners who are interested in this topic or who already have their own cases to work on, which should be the case more and more often. I mean, it could not have been done better! [Translated]»

Dr. Georg Werner, Presiding Judge at the Munich Regional Court No. I/Landgericht München I, Mitteilu

«[T]he authors offer an up-to-date presentation of current developments both in respect of the evolution of treaty models and actual texts ('new generation' IIAs), as well as of the interpretation of those standards in the case law also beyond IP-related disputes. This is also necessary in view of the limited number of cases focusing on IP so that the interpretation of those standards in such cases relies heavily on interpretation developed in respect of other rights and economic activities by foreign investors. Thanks also to the richness of the references, both cases and literature, in the best systematic German academic tradition to which two of the authors belong, this book must also be recommended to readers, lawyers, teachers, and adjudicators who are looking to an analytical presentation of the subject matter in its general dimension.»

Professor Giorgio Sacerdoti, Emeritus Professor, Bocconi University, Journal of International Econom

«A careful and interested reader of this book will greatly enrich her knowledge and analytical skills necessary to deal with investment disputes involving intellectual property rights. Their numbers may well increase in the future. She, however, will also realize that for complex problems, no simple and clear solutions exist. In other words, the reader will realize how correct Henry Louis Mencken was when he observed that: "For every complex problem there is an answer that is clear, simple and wrong." The authors of this book were wise enough to resist the temptation to offer such answers.»

Prof. Dr. Dres. h.c. Joseph Straus, Director Emeritus, Max Planck Institute for Innovation and Compe

«Despite that this relationship between intellectual property law and investment law will most likely develop slowly, the cases that will eventually be litigated will have important implications for policy and practice. In the process, The Protection of Intellectual Property Rights Under International Investment Law will provide invaluable guidance as a standard volume and point of reference for practitioners and academics.»

Professor Bernd Justin Jütte, University College Dublin, Sutherland School of Law, Journal of Intell

«This book seems to be quite a piece of excellent and dedicated research and scholarship shown by the authors. This book certainly fills the gap of nonavailability of literature in the field of IPRs and Investment Disputes. The book surely will be helpful and able to answer the questions of experts as well students of IP or international investment law.»

Abhinav K Mishra, Institute of IP, Tokyo, GRUR International

Innholdsfortegnelse

1: Introduction
2: The Fragmentation of Public International Law
3: Investor-Host-State Arbitration
4: Investment and Investor
5: Relative Treatment Standards: National Treatment and the Most Favoured Nation Clause
6: Absolute Standards of Treatment: 'Fair and Equitable Treatment' and 'Full Protection and Security'
7: Expropriation
8: Conclusions

Om forfatteren

Dr Simon Klopschinski is an associate at Rospatt Osten Pross, an intellectual property firm based in Dusseldorf, Germany, specializing in patent litigation, licencing, competition law, general contract law and commercial law, and the organization of multi-jurisdictional patent litigation in Europe. He received the Otto Hahn Medal for his analysis of the protection of intellectual property by means of investment treaties under international law, which he carried
out in the course of his doctoral thesis at the Max Planck Institute for Intellectual Property and Competition Law in Munich and went on to publish in German.

Professor Christopher Gibson is an expert in international law, international arbitration, and international intellectual property issues at Suffolk University Law School in Boston. Previously, Professor Gibson was a partner in the London office of Steptoe & Johnson LLP, where he specialized in the areas of international arbitration, intellectual property, and technology disputes and transactions. Professor Gibson teaches and writes in the areas of international dispute resolution,
international intellectual property, international trade, and internet law and technology.

Henning Grosse Ruse-Khan is a University Reader in International and European Intellectual Property Law at the University of Cambridge, a Fellow of King's College (Cambridge) and an external researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany). Henning's research and teaching focuses on international intellectual property protection and development issues, world trade and investment law, as well as on interfaces amongst legal orders in international law,
including transnational law set by private actors.