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differ from those articulated under the TRIPS Agreement, particularly in the focus of due process and compensation …
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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,...
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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...
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The use of TRIPS flexibilities by WTO members involves interpretation of the obligations under TRIPS which can be … disputes can thus impact the scope of TRIPS flexibilities to address, among others, public health objectives. This paper … explores how the WTO dispute settlement system applies to disputes under TRIPS, and reviews the outcomes of the disputes …
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-state arbitration may be the only forum where right holders can litigate international IP norms such as the TRIPS Agreement. This may …
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