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 10: Intellectual property rights in international investment agreements: towards the creation of a set of TRIPS-plus provisions?

Lukas Vanhonnaeker

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


What happens if we fail [to obtain TRIPS]? I think there are a number of consequences to failure. First, will be an increase in bilateralism. For those of you who think bilateralism is a bad thing, a bad thing will come about. (Emory Simon). Confronted by a standstill in WTO negotiations, including on the intellectual property level, ‘industrialized countries have moved negotiations to bilateral settings in order to obtain higher standards of IP protection’. While this trend can be criticized for its negative impacts on developing countries by rolling back both substantive and strategic gains of the TRIPS for these countries and ‘in some cases completely eliminat[ing] policy options and sovereign discretion granted by the TRIPs Agreement’, it is not illegal as such and is even allowed by the Agreement itself.

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