Table of Contents

Intellectual Property Rights as Foreign Direct Investments

Intellectual Property Rights as Foreign Direct Investments

From Collision to Collaboration

Elgar International Investment Law series

Lukas Vanhonnaeker

This discerning book examines the interface between intellectual property and foreign direct investments to consider one key question: how does the international investment law framework and the international legal regime regulating intellectual property converge? The book scrutinizes circumstances in which and to what extent international investment law’s traditional protective standards apply to intellectual property rights investments and contributes to debate surrounding the fragmentation of international law, arising from its expansion and diversification.

Chapter 4: Intellectual property right investments and the standard of protection against indirect expropriation

Lukas Vanhonnaeker

Subjects: law - academic, intellectual property law, international economic law, trade law, international investment law

Extract

Property rights are generally recognized and guaranteed by Constitutions of most democratic states. However, investors should be aware of ‘the sovereign right of expropriation or nationalisation that every sovereign State possesses’ which is internationally recognized: ‘[t]he State being the State, it can organise its economic self as it pleases and consequently define the rules which govern property rights’. This consideration is especially important in the context of foreign direct investments (FDIs) in which the investor and its property are at the mercy of the Host State.

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