Intellectual property rights as foreign direct investments : from collision to collaboration / Lukas Vanhonnaeker.

Format:

Book

Author/Creator:

Vanhonnaeker, Lukas, author.

Series:

Elgar international investment law.

Elgar International Investment Law

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

Intellectual property (International law).

Physical Description:

1 online resource (310 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2015.

Language Note:

English

Summary:

What is the level of convergence between the international investment law framework and the international legal regime regulating intellectual property rights? This discerning book examines the interface between intellectual property and foreign direct investments. Taking a multi-disciplinary approach, the author scrutinizes the circumstances in which, and the extent to which, international investment law's traditional protective standards apply to intellectual property rights investments. After concluding that the TRIPS agreement has shortcomings in this respect, the author analyses intellectual property rights in the context of international investment law in light of traditional standards of protection including the protection against indirect expropriation, the National Treatment Principle, the Most-Favoured Nation clause, fair and equitable treatment, and the prohibition of performance requirements, while emphasizing the importance of transfers of technology within and to developing countries. These explorations contribute to the debates surrounding the fragmentation of international law arising from its expansion and diversification. Scholars, students and practitioners in the field of international investment law, as well as those interested in the protection of intellectual property rights at an international level, will find this book to be a useful and informative read.

Contents:

""Cover""; ""Copyright""; ""Contents""; ""Foreword""; ""Acknowledgements""; ""Abbreviations and acronyms""; ""Table of cases""; ""Table of international conventions and documents""; ""Introduction""; ""PART I Intellectual property rights as foreign direct investments: does intellectual property (and related rights) qualify as an 'investment'?""; ""1. Intellectual property rights as 'investments' under international investment agreements""; ""2. Intellectual property rights as 'investments' under the ICSID Convention""

""3. Intellectual property investments and international investment agreements - the territoriality requirement and applicable law""""PART II Protection against expropriation, National Treatment, Most-Favoured-Nation and fair and equitable treatment standards of protection and their relevance in the context of intellectual property rights investments""; ""4. Intellectual property right investments and the standard of protection against indirect expropriation""; ""5. The National Treatment principle and intellectual property investments""

""6. The Most-Favoured-Nation clause and intellectual property investments""""7. The fair and equitable treatment standard of protection and intellectual property investments""; ""PART III Intellectual property rights investments - key issues""; ""8. Performance requirements and the issue of technology transfer""; ""9. What protection against intellectual property rights piracy under international investment law?""; ""PART IV Intellectual property rights investments: mapping uncharted waters""

""10. Intellectual property rights in international investment agreements: towards the creation of a set of TRIPs-plus provisions?""""11. Intellectual property rights investments and public health -case studies""; ""Conclusion""; ""Bibliography""; ""Annex A Original text of the German, Belgian and Italian constitutions""; ""Annex B General trends in compulsory licensing in the pharmaceutical sector from 1 January 1995 to 6 June 2011""; ""Annex C Differences in R&D expenditures between developed and developing countries""

""Annex D Agricultural productivity performance in organic and near organic agriculture in Africa resulting from access to technology""""Annex E""; ""Annex F Royalties and licensee fee receipts by TNCs' foreign affiliates""; ""Annex G The importance of IPRs (trademark) piracy worldwide and the increase in such illicit activities between 2008 and 2009""; ""Annex H Deadly impacts of tobacco consumption""; ""Annex I Examples of BAT amendments to Health Decree 30""; ""Annex J""; ""Annex K Impacts of the plain packaging legislation on tobacco packaging""; ""Index""

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78471-251-5