This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.
This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.
Rezensionen / Stimmen
'Pratyush Nath Upreti, in his IPKat 2022 award-winning book, explores the IP objectives in IIAs. The author has combined hermeneutic and exploratory approaches to provide a fresh look into this emerging area. The book is a thought-provoking, well-researched and excellent contribution to the fields of IP and investment law. It offers a fresh look at IP and investment interactions. It should be a useful read for the relevant stakeholders while dealing with the current challenges of IP and investment.' -- Mohammad Ataul Karim, International Review of Intellectual Property and Competition Law 'Overall, the book makes a novel and timely contribution to studying the intersection between international investment law and IP. Its discussion also has important implications for other issues in IIAs that are intertwined with social objectives, which is particularly valuable for the ongoing discourse on investment law reform.' -- Chen Yu, Asian Journal of International Law 'This timely and thought-provoking book greatly enhances our understanding and appreciation of the relationship between intellectual property and investment law. Informed by treaty texts, WTO panel reports and investment arbitration decisions, the book explains why we need to pay greater attention to the objectives of intellectual property rights while avoiding the short-sighted view that treats intellectual property as mere investments. A must-read for anybody interested in intellectual property law or investment arbitration!' -- Peter K. Yu, Texas A&M University, US 'This book provides a cutting-edge analysis of the relationships and intersections between intellectual property regime and international investment law. It examines the issues arising from this intersection in a lucid and coherent manner and makes an original contribution to the current debate on the interaction between the protection of intellectual property and the investor-state dispute settlement mechanism. The analysis of the extant and emerging normative framework in this area is fascinating. I highly recommend this book to policy makers, lawyers, scholars, and arbitrators interested in this area.' -- Surya P. Subedi, KC, University of Leeds, UK 'This well-researched monograph makes a substantial contribution to the debate on intellectual property and international investment law. The book presents a detailed analysis of how intellectual property and international investment law interact and projects how they could do so in the future. The monograph demonstrates how intellectual property protection and investor-state arbitration can be managed without distorting the objectives of intellectual property. The framework developed in this book should inspire future research and garner the attention of policy makers and scholars from both developed and developing countries.' -- Bryan Mercurio, The Chinese University of Hong Kong 'A valuable contribution to the controversial debate about the relationship between foreign direct investment and intellectual property, particularly in the context of bilateral trade agreements and investor state dispute settlement. The book analyses the often-competing objectives of intellectual property and investment agreements in an accessible, eminently readable way. The book's insightful approach provides a normative framework that will be enlightening for academic audiences, policy makers and practitioners alike. A thorough and balanced analysis of this critical field of international law.' -- Duncan Matthews, Queen Mary University, UK
Pratyush Nath Upreti, Senior Lecturer in Intellectual Property Law, School of Law, Queen's University Belfast, UK
Contents: 1. Introduction to Intellectual Property Objectives in International Investment Agreements 2. The social objectives of international intellectual property 3. Property protection of investment assets 4. Intellectual property as an investment 5. The role of national and international intellectual property in reconceptualising the definition of investment 6. Domestication of the investment regime: a perspective from intellectual property and beyond 7. Intellectual property shelters in international investment agreements 8. Conclusion Index
