The Protection of Intellectual Property Rights Under International Investment Law

The main advantage and appeal of this book is that it serves as a faithful guide to the extremely difficult problem of how to harmonize international treaties and investment agreements in the area of intellectual property, of which there are already many. This is only possible in a book written by a leading authority on IP law and a leading authority on international investment law. A further attraction of this book is that it provides both legal and intellectual stimulation for lawyers specializing in investment treaty arbitration and lawyers specializing in intellectual property law.

Auteur
Dr Simon Klopschinski is an associate at Rospatt Osten Pross, an intellectual property firm based in Düsseldorf, 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.

Texte du rabat

This book analyses the treatment of IP rights within international investment law and International Investment Agreements and the relationship between investment treaties and IP-specific international treaties for the protection of IP rights, in particular the TRIPS Agreement and certain free trade agreements.

Contenu

• 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