National treatment is a core non-discrimination principle which sometimes has discriminatory effects. That avoidance can be legitimate and, as this chapter contends, sometimes not legitimate. The European Union (EU), for example, has used the creation of sui generis rights to avoid national treatment and this approach, in effect, it weaponises exceptions to national treatment. This chapter contends that sui generis claims to avoid national treatment obligations only work for the strong to exclude other strong competitors and tend to have adverse effects, both short and long term, on smaller and developing economies. For those reasons the chapter concludes that national treatment exceptions should be interpreted narrowly.
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Show ItemsFront Matter
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Show ItemsPart I: ADDRESSING BOUNDARIES AND IMBALANCE
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Show ItemsPart II: PUBLIC HEALTH, PANDEMICS AND CRISES
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Show ItemsPart III: PATENT CHALLENGES
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Show ItemsPart IV: DISPUTE SETTLEMENT AND COURT SPECIALIZATION
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Show ItemsPart V: AUTHORS AND INVENTORS
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Show ItemsPart VI: EXPRESSIVE GENERICITY AND FREEDOMS
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Show ItemsPart VII: INFORMATION/DATA AND CONFIDENTIALITY/PUBLICITY
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Part VIII: NON-DISCRIMINATION ISSUES
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Show ItemsPart IX: MAKING INTERNATIONAL IP AND INVESTMENT LAW
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Show ItemsPart X: INSTITUTIONS AND POLITICAL DRIVERS
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Show ItemsBack Matter
