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...

Copyright encourages creativity, it provides authors and artists of all types and in all countries with a means of transacting in their works, a means by which they can earn their livelihood, and as such has an important role to play in encouraging all forms of creative endeavor and by...

The relationship between intellectual property rights (IPRs) and investment treaty arbitration is a relatively new phenomenon. One reason is that the intellectual property system has been designed, implemented and enforced on the national level. A state may use the World Trade Organization...

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....

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...

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...

"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...

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...