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Intellectual property and international dispute resolution

Contributor(s): Material type: TextTextPublication details: Wolters Kluwer 2019 NetherlandsDescription: xx, 266 p. Includes indexISBN:
  • 9789041190970
Subject(s): DDC classification:
  • 341 I6
Summary: Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. In this important book – the first in-depth treatment of the interface between intellectual property rights and international dispute resolution – a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. https://lrus.wolterskluwer.com/store/product/intellectual-property-and-international-dispute-resolution/
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Holdings
Item type Current library Item location Collection Shelving location Call number Status Date due Barcode
Books Vikram Sarabhai Library Rack 24-B / Slot 1066 (0 Floor, East Wing) Non-fiction General Stacks 341 I6 (Browse shelf(Opens below)) Available 200722

Summary of Contents

Preface
About the Authors and Editors
Chapter 1
Investor State Dispute Settlement (ISDS) in the Field of Intellectual Property Law and Beyond
Christopher Heath and Anselm Kamperman Sanders
PART I: GIVING EFFECT TO INTERNATIONAL TRADE AGREEMENTS – HISTORY AND PROCEDURE
Chapter 2
Dispute Resolution in International and Bilateral Agreements
Shahla Ali and Wilson Mbugua
Chapter 3
The History of Investment Tribunals and the Protection of IPRs under Investment Treaties
Flavia Marisi and Julien Chaisse
Chapter 4
Dispute Resolution Under the WTO Regime
Jens Hillebrand Pohl
Chapter 5
The Direct Application of International IP Agreements before National Courts
Christopher Heath
Chapter 6
The Pathways of Multinational Intellectual Property Dispute Settlement
Peter K. Yu
PART II: DISPUTES INVOLVING INTELLECTUAL PROPERTY RIGHTS, NAMELY PLAIN PACKAGING LEGISLATION
Chapter 7
Intellectual Property as Investment and the Implications for Industrial Policy
Anselm Kamperman Sanders
Chapter 8
Lilly v. Canada: Lessons for International Intellectual Property Law and Policy
Daniel J. Gervais
Chapter 9
The Tobacco Plain Packaging Legislation before Investor-State Tribunals: Philip Morris Asia v. Australia and Philip Morris et al. v. Uruguay
Iveta Alexovicova
Chapter 10
The WTO Disputes regarding Tobacco Plain Packaging: Selected TRIPS Findings from the Panel Stage
Wolf R. Meier-Ewert
Chapter 11
Unpacking Constitutional Protection for Trade Marks: The Plain Packaging Disputes before National Courts
Robert Burrell
Index


Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. In this important book – the first in-depth treatment of the interface between intellectual property rights and international dispute resolution – a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified.

https://lrus.wolterskluwer.com/store/product/intellectual-property-and-international-dispute-resolution/

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