From Collision to Collaboration
Elgar International Investment Law series
Chapter 11: Intellectual property rights investments and public health – case studies
Le bleu du ciel, la vaste douceur des mouvements de l’etendue, la serenite du plein midi, semblaient exclure toute mauvaise intention. La mer etait gaie au soleil. Une caresse prealable assaisonne les trahisons. De ces caresses-la, la mer n’en est point avare. Quand on a affaire a cette femme, il faut se defier du sourir. (Victor Hugo). This book has raised numerous questions to which it is difficult to bring a definite answer, mainly as a consequence of the limited case-law dealing with IPRs investments. However, a few cases have come up and were dealt with by arbitral tribunals. The object of this chapter is to analyse two of these cases.
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