In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...

The article examines investment-related aspect of Intellectual Property Rights, especially from the perspective of dispute resolution process using the ISDS mechanism. The popularity in extrapolating arbitration of Investment dispute to IPR disputes, compels us to establish the grounds on which...

Developing countries tend to take a negative view of the protection of intellectual property rights as reflected in the TRIPs agreement, as this seems to conflict with their own developmental needs. As the following article points out, there are, however, a number of reasons why developing...