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 6: The Most-Favoured-Nation clause and intellectual property investments

Lukas Vanhonnaeker

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


The second obligation of non-discrimination imposed on Host States under international investment law is embedded in MFN clauses that, although not required under customary international law, ‘have formed part of international economic treaties for centuries’ and are ‘one of the . . . basic standards of pre-1914 International Economic Law [that] may have originated in Imperial grants of customs privileges to cities in the Holy Roman Empire’.

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