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differ from those articulated under the TRIPS Agreement, particularly in the focus of due process and compensation …
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This paper develops a North-South product model in which Southern imitation and the North-South flow of foreign direct investment (FDI) are endogenously determined. In the model, a strengthening of IPR protection in the South reduces the rate of imitation, which, in turn, increases the flow of...
Persistent link: https://www.econbiz.de/10013070725
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally...
Persistent link: https://www.econbiz.de/10012897810
This paper deals with the issue of whether intellectual property (IP) rights may be qualified as investments in terms of Serbian laws on investments, bilateral investment treaties (BIT) currently in force, and the ICSID Convention. The author first analyses the provisions of the Law on...
Persistent link: https://www.econbiz.de/10012927494
The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement … requiring them to establish enforcement measures and procedures meeting minimum standards. The TRIPS Agreement is sometimes … systems.However, added to the uniquely “positive” aspect of the TRIPS Agreement is a negotiating history that for a long time …
Persistent link: https://www.econbiz.de/10013037685
This thesis employs doctrinal legal analysis method by using laws, regulations and legal theories, to evaluate the current protections of intellectual property rights for foreign investors in mainland China. In this thesis, it compares the current Chinese laws and regulations on intellectual...
Persistent link: https://www.econbiz.de/10013243324
This paper develops a North-South product model in which Southern imitation and the North-South flow of foreign direct investment (FDI) are endogenously determined. In the model, a strengthening of IPR protection in the South reduces the rate of imitation, which, in turn, increases the flow of...
Persistent link: https://www.econbiz.de/10012463256