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, particularly focusing on TRIPS flexibility …
Persistent link: https://www.econbiz.de/10012936353
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
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
Intellectual property is routinely regulated by international investment agreements (‘IIAs’) as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual...
Persistent link: https://www.econbiz.de/10014154119
. After signing the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, most developing and least …: providing incentives to develop new medicines, on the one hand, and increasing the prices of medicines, on the other. The TRIPS … international intellectual property right (IPR) standards reflect this conflict. Nevertheless, the post-TRIPS scenario is full of …
Persistent link: https://www.econbiz.de/10014049241
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This article explores the complex issues relating to the inclusion of intellectual property rights (IPRs) as an ‘investment’ in international investment agreements (IIAs). The potential impact of IPRs in IIAs on the regulatory sovereignty of a nation has for some time been underappreciated...
Persistent link: https://www.econbiz.de/10014161417
We investigate the role of intellectual property rights protection in cross-border merger and acquisition (M&A) activity. We document a significant increase in inbound cross-border M&As after a country implements reforms that strengthen local intellectual property rights. Importantly, we find...
Persistent link: https://www.econbiz.de/10012957632
the number of cases brought under the TRIPS Agreement; (iii) distinguish five types of IP disputes that have come before … procedures in cases involving the TRIPS Agreement; (v) suggest that the existence of an appellate mechanism has not been the only …
Persistent link: https://www.econbiz.de/10012862037