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...

The central theme of this article is to explore the relationship between friendship and intellectual property (IP). Historical development informs us that friendship treaties feature IP and friendship groups were prevalent during the Agreement on Trade-Related Aspects of Intellectual Property...

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 Chapter analyzes the historical narratives of IP, investment and the World Trade Organization (WTO) and provides a comprehensive overview on the historical development of foreign investment protection at the international level. It traces the historical development of international...

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...

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...

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...

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....