From Collision to Collaboration
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.
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- Intellectual Property Rights as Foreign Direct Investments From Collision to Collaboration
- Abbreviations and acronyms
- Table of cases
- Table of international conventions and documents
- PART I: Intellectual property rights as foreign direct investments: does intellectual property (and related rights) qualify as an ‘investment’?
- Chapter 1: Intellectual property rights as ‘investments’ under international investment agreements
- Chapter 2: Intellectual property rights as ‘investments’ under the ICSID Convention
- Chapter 3: Intellectual property investments and international investment agreements – the territoriality requirement and applicable law
- Chapter 4: Intellectual property right investments and the standard of protection against indirect expropriation
- Chapter 5: The National Treatment principle and intellectual property investments
- Chapter 6: The Most-Favoured-Nation clause and intellectual property investments
- Chapter 7: The fair and equitable treatment standard of protection and intellectual property investments
- PART III: Intellectual property rights investments – key issues
- Chapter 8: Performance requirements and the issue of technology transfer
- Chapter 9: What protection against intellectual property rights piracy under international investment law?
- Chapter 10: Intellectual property rights in international investment agreements: towards the creation of a set of TRIPS-plus provisions?
- Chapter 11: Intellectual property rights investments and public health – case studies
- Annex A: Original text of the German, Belgian and Italian constitutions
- Annex B: General trends in compulsory licensing in the pharmaceutical sector from 1 January 1995 to 6 June 2011
- Annex C: Differences in R & D expenditures between developed and developing countries
- Annex D: Agricultural productivity performance in organic and near organic agriculture in Africa resulting from access to technology
- Annex E: .
- Annex F: Royalties and licensee fee receipts by TNCs’ foreign affiliates
- Annex G: The importance of IPRs (trademark) piracy worldwide and the increase in such illicit activities between 2008 and 2009
- Annex H: Deadly impacts of tobacco consumption
- Annex I: Examples of BAT amendments to Health Decree 30
- Annex J: .
- Annex K: Impacts of the plain packaging legislation on tobacco packaging
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Abbreviations and acronyms
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