Mapping Uncharted Waters: Intellectual Property Disputes With Public Health Elements in Investor-State Arbitration
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
Introduction
This article offers a primer on recent investment disputes concerning intellectual property. The flourishing of investor-state arbitrations in recent years has transformed the landscape of investment protection since customary international law provided for state-to-state disputes only. The investor-state dispute settlement mechanism has increasingly been used in disputes relating to intellectual property, albeit this trend is still in its infancy. This article aims to shed light on the emerging case law and to critically assess the interplay between IP protection and ...