The Interface Between Intellectual Property And Investment Law
DOWNLOAD
Download The Interface Between Intellectual Property And Investment Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Interface Between Intellectual Property And Investment Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Interface Between Intellectual Property And Investment Law
DOWNLOAD
Author : Oke, Emmanuel K.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
The Interface Between Intellectual Property And Investment Law written by Oke, Emmanuel K. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Intellectual Property Rights As Foreign Direct Investments
DOWNLOAD
Author : Lukas Vanhonnaeker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-07-31
Intellectual Property Rights As Foreign Direct Investments written by Lukas Vanhonnaeker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-31 with Law categories.
What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct
Research Handbook On Intellectual Property And Investment Law
DOWNLOAD
Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Research Handbook On Intellectual Property And Investment Law written by Christophe Geiger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
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.
Intellectual Property And Development Understanding The Interfaces
DOWNLOAD
Author : Carlos Correa
language : en
Publisher: Springer
Release Date : 2019-02-25
Intellectual Property And Development Understanding The Interfaces written by Carlos Correa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-25 with Law categories.
This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.
The Protection Of Intellectual Property Rights Under International Investment Law
DOWNLOAD
Author : Simon Klopschinski
language : en
Publisher: Oxford International Arbitrati
Release Date : 2020-07-14
The Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with Law categories.
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. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. 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 will analyse the standards of treatment and protection enshrined in IIAs for 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. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis 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. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.
Protection Of Intellectual Property Rights Under International Investment Law
DOWNLOAD
Author : Simon Klopschinski
language : en
Publisher:
Release Date : 2020
Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Intellectual property categories.
Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. 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, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor-state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP-investment interface. Less
Protection Of Intellectual Property Rights Under International Investment Law
DOWNLOAD
Author : Simon Klopschinski
language : en
Publisher:
Release Date : 2018
Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Intellectual property categories.
Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. 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, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor–state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP–investment interface. Less
Intellectual Property Objectives In International Investment Agreements
DOWNLOAD
Author : Upreti, Pratyush N.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-13
Intellectual Property Objectives In International Investment Agreements written by Upreti, Pratyush N. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-13 with Law categories.
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
Intellectual Property And International Dispute Resolution
DOWNLOAD
Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-08-31
Intellectual Property And International Dispute Resolution written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-31 with Law categories.
Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
Property Aspects Of Intellectual Property
DOWNLOAD
Author : Ole-Andreas Rognstad
language : en
Publisher:
Release Date : 2018
Property Aspects Of Intellectual Property written by Ole-Andreas Rognstad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Intellectual property categories.
For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface.