This article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to intellectual property rights (IPRs), followed by an examination of the implications...

Philip Morris v Uruguay is one of the first high ­profile cases where IPRs have been litigated in investor ­state dispute settlement (ISDS). The tribunal decision reaffirms the state's sovereign right to regulate matters of public interest and held that public health measures do not amount to...

On 15 January 2020, a long-awaited trade deal between the United States (US) and China was concluded. The released draft, titled ‘Economic and Trade Agreement', is the outcome of the Phase One trade deal between the two largest global economies. In the past few years, the US and China have had...

This paper aims to discuss the Belt and Road Initiative (BRI) from the lenses of LDCs and bring attention to some of the issues which may require profound thought. Most developing countries around the globe, especially the least developed ones, today face significant development funding gaps and...

Globally, we are moving towards stronger Intellectual Property Rights. Intellectual Property Rights (IPRs) have become an integral part of the regulatory system and they are included in investment, regulations and trade policies. It is now important to understand the linkage between them. Recent...

This article attempts to show a jurisdictional conflict, while litigating intellectual property in investor-state dispute settlement (ISDS). At the global level, the World Trade Organization (WTO) dispute settlement body has jurisdiction to deal with any matters related to intellectual property....

"What is common to many is taken least care of, for all men have greater regard for what is their own than what they possess in common with others".Aristotle (384–322 BC) [cited after Gwartney, 1991, p. 67]Private property rights form an open-ended bundle of rights to possess, to use, to...

Indian philosophy is the ray to the world for its transformation. Our great father of the nation who taught the lesson of peace and non violence and the power of civil disobedience to the whole world was certainly not his own idea but he learnt it from the various Hindu scriptures. Indian...

The relationship between intellectual property (IP) and investment is old, but the debates are new. Recent high profile cases in which intellectual property rights (IPRs) are being sought to be protected by means of international investment law and treaties have generated visible debate and...