Intellectual Property Rights as Foreign Direct Investments
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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.
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Chapter 11: Intellectual property rights investments and public health – case studies

Lukas Vanhonnaeker

Extract

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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