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- Preliminary Material
- Dedication
- General Editor’s Preface
- Foreword
- Acknowledgements
- Contents
- Table of Cases
- International and Regional Cases
- Ad Hoc Arbitral Tribunals
- European Commission on Human Rights
- European Court of Human Rights
- European Court of Justice
- ICSID
- International Court of Justice
- Iran–United States Claims Tribunal (USCTR)
- London Court of International Arbitration
- NAFTA
- Permanent Court of Arbitration
- Permanent Court of International Justice (PCIJ)
- Stockholm Chamber of Commerce
- UNCITRAL
- US-Mexico General Claims Commission
- WTO Appellate Body
- WTO Panel
- National Cases
- International and Regional Cases
- Table of Legislation
- List of Abbreviations
- Main Text
- 1 Introduction
- 2 Background on International Investment Law and Intellectual Property
- Preliminary Material
- A International Investment Law
- B Intellectual Property
- C Interaction of International Investment Law with IP-specific Treaties and Public Policies
- 1 Preliminary remarks
- 2 The interplay of IIAs and international IP treaties
- 3 Public policies
- 4 Conclusions
- 3 Investor–State Dispute Settlement and Review of New IP-Related Investment Cases
- Preliminary Material
- A Understanding the ISDS Mechanism
- 1 IP disputes
- 2 The power of consent under IIAs
- 3 Pre-arbitral steps and scope of consent
- 4 Consent and dispute resolution before ICSID and other arbitral tribunals
- 5 ‘Fork-in-the-road’ and ‘waiver’ clauses in IIAs in relation to IP matters before national courts or agencies
- 6 Permanent multilateral investment court with appellate mechanism
- 7 Time and costs of ISDS cases
- B Four Early Intellectual Property Investment Disputes
- 4 Intellectual Property as Investment
- Preliminary Material
- A IP as Covered ‘Investments’ in IIAs—an Overview
- B Jurisdictional Proof
- C Treaty Practice for IP as Investment
- D IP as Investment under Article 25.1 of the ICSID Convention
- E Role of National Law in Determining IPRs as an Investment
- 4.97
- 4.98
- 4.99
- 4.100
- 4.101
- 4.102
- 1 Public international law and private proprietary rights
- 2 Role of national law in defining legal rights underpinning investments
- 3 National law and IP-based investments
- 4 Dissenting view
- 5 Specific reference to national law in IIAs
- 6 Insufficient attention to national law
- 7 Decisions of national authorities
- 8 Limits to the role of national law
- 9 The harmonizing role of international IP law
- 10 Do BITs require the enactment of new national IP laws?
- 11 Applications for IP rights as protected investment under IIAs
- F Review of Initial IP-Based ISDS Cases Analysing Investment
- 5 Relative Treatment Standards: National Treatment and Most-Favoured-Nation
- Preliminary Material
- A A Comparative Approach to Non-Discrimination Standards in International IP, Trade, and Investment Law
- B Non-Discrimination Principles in International IP Law
- C IP-Related National Treatment Claims in International Investment Law
- 5.94
- 5.95
- 1 Scope
- 2 Comparability
- 3 Standard of treatment
- 4 Justification and defences
- D IP-Related MFN Claims in International Investment Law
- 6 Absolute Standards of Treatment: Fair and Equitable Treatment, Full Protection and Security
- Preliminary Material
- A Absolute Standards of Treatment and IP: An Introduction
- B Protecting IP-Based Investments under FET and FPS
- 6.18
- 6.19
- 6.20
- 1 Reasonable reliance on legitimate expectations
- 2 Denial of justice and FPS applied to IP rights as protected investments
- 3 Further elements of FET with specific relevance for IP rights
- C Justifications, Defences, and Balancing Mechanisms
- 7 Expropriation
- Preliminary Material
- A Expropriation—An Introduction
- B Expropriation—Concepts and Context
- C Expropriation in Treaty Practice
- D Applying the Expropriation Standard to IP-Based Investments
- 8 Outlook
- Further Material
- [18.206.13.203]
- 18.206.13.203
