Research Handbook on Intellectual Property and Investment Law
Home > Law > Laws of specific jurisdictions > Intellectual property law > Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)
Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)

Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)


     0     
5
4
3
2
1



Available


X
About the Book

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.   Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms.   Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gáspár-Szilágyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu

Table of Contents:
Contents: 1 Introduction 1 Christophe Geiger PART I CONCEPTUALIZING THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 THE INTERACTION BETWEEN INTELLECTUAL PROPERTY AND INVESTMENT IN THE CONTEXT OF TRADE AND INVESTMENT TREATIES 2 Protecting intellectual property through trade and investment agreements: concepts, norm-setting and dispute settlement 11 Henning Grosse Ruse-Khan 3 The object and purpose of mingling intellectual property, trade and investment 48 Susy Frankel 4 Mapping the evolution and trends of the nexus between intellectual property, trade and investment 63 Pedro Roffe 5 When is intellectual property an ‘investment’? 94 Ruth L. Okediji 6 Intellectual property as protected investment: redefining the reach of investors’ rights 120 Carlos Correa 7 The relevance of National Treatment and Most Favoured Nation in the context of intellectual property and investment disputes 137 Lukas Vanhonnaeker 8 Keep calm and carry on: lessons from the jurisprudence on fair and equitable treatment and intellectual property rights 159 Bryan Mercurio 9 Intellectual property, investment and the World Trade Organization (WTO): a historical account 182 Pratyush Nath Upreti SECTION 2 INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION: THE IMPACT ON REGULATORY POWERS AND PUBLIC POLICY 10 The intersection of ISDS and TRIPS flexibilities 207 Cynthia M. Ho 11 Public policy considerations in intellectual property-related international investment arbitration 218 Simon Klopschinski 12 Investor-State Dispute Settlement and intellectual property: lessons from Lilly v. Canada 250 Daniel Gervais PART II ADJUDICATING INTELLECTUAL PROPERTY AND INVESTMENT PROTECTION SECTION 1 INTELLECTUAL PROPERTY, TRADE AND INVESTMENT: COMPARED ENFORCEMENT PROCEDURES AND THE FUTURE OF INVESTOR-STATE DISPUTE SETTLEMENT 13 Jurisdictional overlaps in international intellectual property: challenges arising from the proliferation of preferential trade agreements regulating intellectual property rights 267 Xavier Seuba 14 Adjudicating intellectual property disputes at the GATT/WTO: are there general lessons for the Investor-State Dispute Settlement system? 287 Graham Cook and Hannu Wager 15 Protecting fundamental values in international IP disputes: investor-state vs. WTO adjudication 318 Rochelle Cooper Dreyfuss 16 Logo? No logo? The WTO dispute on plain packaging of tobacco, and beyond 339 Enrico Bonadio and Althaf Marsoof 17 Conceptual and institutional improvements to investor-state dispute settlement 366 Peter K. Yu SECTION 2 ADDRESSING THE ROLE OF HUMAN RIGHTS AND ETHICS IN INTELLECTUAL PROPERTY AND INVESTMENT LITIGATION 18 The fundamental right to property and the protection of investment: how difficult is it to repeal new intellectual property rights? 385 Martin Husovec 19 Human rights and intellectual property in investor to state dispute settlement 406 Tuomas Mylly 20 The protection of intellectual property and foreign direct investment: the impact of equity 438 Thomas Cottier SECTION 3 ADDRESSING THE EU AND NATIONAL LEGAL FRAMEWORK AND ITS INTERACTIONS WITH INTELLECTUAL PROPERTY AND INVESTMENT DISPUTES 21 The EU’s cumbersome investment law and policy, and its effects on the protection of intellectual property rights 461 Szilárd Gáspár-Szilágyi 22 The compliance of investment protection mechanisms in Free Trade Agreements with EU law 477 Rainer Geiger 23 Intellectual property in trade-related international agreements: a legal analysis from the perspective of a Member State 492 Daniel Segoin 24 Regulatory and policy issues arising from intellectual property and Investor-State Dispute Settlement in the EU: a closer look at the TTIP and CETA 505 Christophe Geiger Index 528

About the Author :
Edited by Christophe Geiger, Professor of Law and Director of the Innovation Law and Ethics Observatory (ILEO), Luiss University, Italy

Review :
'This Research Handbook is an essential resource for anyone working on intellectual property issues that cross international borders. As investment law reshapes the global governance of knowledge, Christophe Geiger has assembled some of the world's top scholars to address opportunities and challenges. Lawyers, policymakers, academics and students will benefit immensely from this timely collection of expert insights.' --Jeremy de Beer, University of Ottawa, Canada'The recent move to pursue intellectual property claims through international investment law threatens to disrupt the international intellectual property regime. However, it also offers a fascinating window into a number of features of that regime. This thought-provoking book brings together a stellar collection of authors exploring the discrete question of investment protection of intellectual property as well as the broader implications of this development for international intellectual property law.' --Graeme B. Dinwoodie, Illinois Institute of Technology, Chicago-Kent College of Law, US 'Most intellectual property scholars lack in-depth understanding of the IP-investment nexus. This much needed book is the solution we need. It provides world-class scholarship on this complex and controversial field of international law whose diverse impacts range from industrial development to public health. Readers will gain a truly global perspective on the subject.' --Graham Dutfield, University of Leeds, UK


Best Sellers


Product Details
  • ISBN-13: 9781788977814
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 244 mm
  • No of Pages: 560
  • Width: 169 mm
  • ISBN-10: 1788977815
  • Publisher Date: 02 Jun 2020
  • Binding: Hardback
  • Language: English
  • Series Title: Research Handbooks in Intellectual Property series


Similar Products

Add Photo
Add Photo

Customer Reviews

REVIEWS      0     
Click Here To Be The First to Review this Product
Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)
Edward Elgar Publishing Ltd -
Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)
Writing guidlines
We want to publish your review, so please:
  • keep your review on the product. Review's that defame author's character will be rejected.
  • Keep your review focused on the product.
  • Avoid writing about customer service. contact us instead if you have issue requiring immediate attention.
  • Refrain from mentioning competitors or the specific price you paid for the product.
  • Do not include any personally identifiable information, such as full names.

Research Handbook on Intellectual Property and Investment Law: (Research Handbooks in Intellectual Property series)

Required fields are marked with *

Review Title*
Review
    Add Photo Add up to 6 photos
    Would you recommend this product to a friend?
    Tag this Book Read more
    Does your review contain spoilers?
    What type of reader best describes you?
    I agree to the terms & conditions
    You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.

    CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

    These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Bookswagon (the "CRR Service").


    By submitting any content to Bookswagon, you guarantee that:
    • You are the sole author and owner of the intellectual property rights in the content;
    • All "moral rights" that you may have in such content have been voluntarily waived by you;
    • All content that you post is accurate;
    • You are at least 13 years old;
    • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    You further agree that you may not submit any content:
    • That is known by you to be false, inaccurate or misleading;
    • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
    • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • For which you were compensated or granted any consideration by any unapproved third party;
    • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
    • That contains any computer viruses, worms or other potentially damaging computer programs or files.
    You agree to indemnify and hold Bookswagon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    For any content that you submit, you grant Bookswagon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, transfer, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally,  Bookswagon may transfer or share any personal information that you submit with its third-party service providers, including but not limited to Bazaarvoice, Inc. in accordance with  Privacy Policy


    All content that you submit may be used at Bookswagon's sole discretion. Bookswagon reserves the right to change, condense, withhold publication, remove or delete any content on Bookswagon's website that Bookswagon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.  Bookswagon does not guarantee that you will have any recourse through Bookswagon to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Bookswagon reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Bookswagon, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bookswagon, its agents, subsidiaries, affiliates, partners or third party service providers (including but not limited to Bazaarvoice, Inc.)and their respective directors, officers and employees.

    Accept

    New Arrivals


    Inspired by your browsing history


    Your review has been submitted!

    You've already reviewed this product!