This book offers different perspectives on China’s business and law. It aims to offer an introduction into both theoretical and practical aspects of China’s law on foreign related business affairs. This comprises economic and political background information, including China’s economic...

This book offers different perspectives on China?s business and law. It aims to offer an introduction into both theoretical and practical aspects of China?s law on foreign related business affairs. This comprises economic and political background information, including China?s economic evolution...

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,...

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,...

This chapter discusses whether foreign investors, specifically pharmaceutical companies, could challenge India's regulatory measures that impact their patents under India's BITs. More specifically, the paper will focus on whether regulatory measures such as compulsory licensing of pharmaceutical...

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...

This article examines the potential challenges for the protection of intellectual property rights (IPRs) through International Investment Agreements (IIAs) in light of the new generation of IIAs negotiated by the European Union (EU). It argues that it will be difficult in practice to succeed in...

This paper analyzes the protection of intellectual property in international investment law, more specifically the conflict between trademark protection and tobacco control exemplified by the Philip Morris v. Uruguay case. The main questions this paper aims to answer are how and to what extent...

The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing intellectual property...