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Chorzów Factory – Intellectual Property and the Continuity of International Law in Investor-State Dispute Settlement

Morris, P. Sean - 2020

One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights,...

Persistent link: https://www.econbiz.de/10012837404

Intellectual Property : A Beacon for Reform of Investor-state Dispute Settlement

Gervais, Daniel J. - 2019

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

Intellectual Property Rights as Foreign Direct Investments : Current State of Affairs in Serbia

Ilić, Nikola - 2018

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

World Trade Organization - TRIPS - Course on Dispute Settlement in International Trade, Investment and Intellectual Property (UNCTAD)

Abbott, Frederick M. - 2015

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

What is the Current Formal Legal Environment for Foreign Companies in China in the Light of the Phase 1 Trade Agreement? Intellectual Property Rights (IPRs) Protections for Foreign...

Lyu, Meilin - 2021

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

Intellectual Property Rights, Foreign Direct Investment, and Industrial Development

Branstetter, Lee - 2009

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