Chapter 4: Defining trade marks and brands as investment assets: delegation to trade mark law
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Chapter 4 is divided into two parts (A and B). Part A considers the scope of rights in a trade mark and goodwill (as emanation of brand value) and unlike other writings in the area of trade mark law, identifies these rights through a particular lens of “attributes of property”. This lens is also used as a “toolbox of translators.” As later seen in Chapter 5, this lens (test) is known to investment arbitration community and is particularly useful in the evaluation of potential investment treaty violation claims. Chapter 4 considers trade mark rights as regulated internationally (TRIPS), and nationally (Australia, Uruguay, United Kingdom (EU) and United States). In Part B this chapter considers internal and external limitations to trade marks and goodwill. Its conclusions inform the later analysis of investor claims that states have taken away their trade marks or treated them unfairly (explored in Chapter 6).

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