The Protection of Intellectual Property Rights Under International Investment Law

Reviews / Votes

This title fills an important gap in the literature on investment arbitration... At the core of the work, the reader finds a meticulous analysis of a total of four IP related investor state arbitration cases, which as such provide the foundational corpus of arbitral case law precedent for this burgeoning new discipline. * International Journal of Arbitration, Mediation and Dispute Management * Overall, this is an impressive book which provides an analysis of the current state of investment law from the perspective of IP-law. The overall structure of the book is convincing and makes it easy to follow its line of thought. * Ursula Kriebaum, Journal of International Arbitration * [T]he three books offer an intellectually engaging discussion of an important topic. KGG offer the best guide for those making or facing claims; it is also the most comprehensive. [...] Regardless of whether a reader is persuaded by the arguments, the elucidation of the issues and the legal analysis is an invaluable starting point both for future scholarly work and for framing arguments in practice. * Alexander Ferguson, University of Cambridge, Cambridge International Law Journal * In this context, the publication of The Protection of Intellectual Property Rights under International Investment Law by Simon Klopschinski, Christopher S. Gibson and Henning Grosse Ruse-Khan in the Oxford International Arbitration Series of Oxford University Press, is a much-welcomed contribution. It provides the most comprehensive analysis to date on the matter based on extensive research, deep knowledge of both branches of law (and, in this sense, offering an interdisciplinary approach), and refined analyses. [...] In summary, the commented book is an excellent research piece, relevant for scholars, professionals and students of both investment and intellectual property law. The authors can only be commended for outstanding work and encouraged to continue analysing these matters. * Professor Carlos M. Correa, South Centre, Geneva, and University of Buenos Aires, The Journal of World Intellectual Property * In short, the book, 'The Protection of Intellectual Property Rights under International Investment Law' is a majestic contribution to understanding the nuances of the protection of IP rights under International Investment Law. The book also provides a multi-faceted and comprehensive discussion of various aspects of international investment law, ranging from substantive disciplines to procedural issues and is a very guide for international economic law academics and practitioners. Importantly, the book will considerably help the trade and investment law community in appreciating the nature of IP provisions and the implications of such provisions and their interpretation for sovereign states. * Prof. James J. Nedumpara, Indian Institute of Foreign Trade, Indian Journal of International Law * This work is a comprehensive monograph on the protection of IP under IIAs and international investment law. The book analyses the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor-state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP-investment interface. * ASA Bulletin * The reader will find this book an unprecedented, comprehensive work in the interface of IP and investment law. This book manages to effectively guide the reader with great clarity through existing case law and the issues yet undecided in the litigation arena. If the prospects of the book become reality and IP rights find, in investment law, an adequate enforcement arena, this book is extremely likely to become a top manual in the field, instructing practitioners, aiding academics, and forming students in the interface of investment law and IP rights. * Ivan Levy, American Review of International Arbitration * The work is outstanding. It could be looked upon as a complete text in itself on international investment law, as, in the context of dealing with disputes under investment treaties involving intellectual property, it explains comprehensively the field of the law in which such conflicts occur or could occur. In addition, it provides many insights into intellectual property law and public international law. It deserves a wider readership than the field its title suggests. * Professor M. Sornarajah, National University of Singapore, Asian Journal of International Law * This monograph is based on comprehensive and complete research. All major issues of the interface of IP law and investment law are considered. The book can only be described as a masterpiece and will become the reference book for everyone, academic or practitioner, who works or has an interest in this field. * Prof. Dr. Siegfried H. Elsing, Orrick, Herrington & Sutcliffe LLP, SchiedsVZ * To conclude, Klopschinski, Gibson and Grosse Ruse-Khan are to be admired for their rigorous attempt to show the intersection between two disciplines with a thorough legal analysis of both IP and investment law regimes. It is no overstatement to say that any inquiry on the intersections and relationships between IP and international investment law would be incomplete without reference to this book. * Dr Pratyush Nath Upreti, Queen's University Belfast, European Intellectual Property Review * In conclusion, this book is, without a doubt, a masterly achievement. It is certain to become an instant classic for all scholars and practitioners interested in and working at the interface between international investment arbitration and IP law. * Gabriel M. Lentner, International & Comparative Law Quarterly * Overall, the book provides an excellent in-depth analysis of the interplay between IP and international investment law, a topic that will likely gain momentum in the coming years. * Michael Alder, Swiss Federal Institute of Intellectual Property, sic! * This book not only covers the necessary issues as a research book of a very high standard, but also carefully and clearly describes the origins of international investment law, its complex legal structure, explanations of basic concepts, and the latest discussions on ISDS system reform. The contents are easy to understand for beginners. This book will be a must-have for both practitioners and researchers to understand the whole picture of transnational IP Protection. [Translated] * Professor Tomoko Yamashita, Aichi Prefectural University, Journal of the Japanese Group of A.I.P.P.I. * The Protection of Intellectual Property Rights Under International Investment Law is one of the first comprehensive monographs on the protection of IP under international investment law. This volume is rich in research, and the authors conduct a clear, systematic and balanced examination of the resolution and enforcement of investment disputes involving IP rights. Throughout the book, the authors examine in detail the disputes to show how distinct legal regimes are essentially at odds, both domestically and internationally, across jurisdictions that differ in investor and IP protection. The authors' predictions about ISDS cases that involve IP rights seem generally sound. * Jun Zhao and Yuxin Liu, Zhejiang University, Chinese Journal of International Law * ... To answer these questions, the law of international investment agreements must be considered in its breadth. Since it is a very dynamic area of law, fed by a multitude of agreements and the rulings issued on them, and which may be facing fundamental change, especially in recent times, not least due to increasing criticism from civil society, this is a daunting task. All the more reason to admire the authors of the present volume, who have devoted themselves to this task with enormous expertise, detail, and analytical clarity. [...] It is all the better that with this volume a standard work has been created that thoroughly examines the problem and, thanks to its extensive footnotes and indexes, makes it easier for the interested reader to obtain further information if necessary [Translated] * Prof. Dr. Annette Kur, Max Planck Institute for Innovation and Competition, MarkenR * The book provides the reader with profound insights into a very complex field. It convinces with a well thought-out structure and legal precision. Due to its depth of detail and analytical quality, it is scholarly at the highest level. At the same time, due to its case studies, the work is (also) well suited for practitioners who are interested in this topic or who already have their own cases to work on, which should be the case more and more often. I mean, it could not have been done better! [Translated] * Dr. Georg Werner, Presiding Judge at the Munich Regional Court No. I/Landgericht Muenchen I, Mitteilungen der deutschen Patentanwaelte * [T]he authors offer an up-to-date presentation of current developments both in respect of the evolution of treaty models and actual texts ('new generation' IIAs), as well as of the interpretation of those standards in the case law also beyond IP-related disputes. This is also necessary in view of the limited number of cases focusing on IP so that the interpretation of those standards in such cases relies heavily on interpretation developed in respect of other rights and economic activities by foreign investors. Thanks also to the richness of the references, both cases and literature, in the best systematic German academic tradition to which two of the authors belong, this book must also be recommended to readers, lawyers, teachers, and adjudicators who are looking to an analytical presentation of the subject matter in its general dimension. * Professor Giorgio Sacerdoti, Emeritus Professor, Bocconi University, Journal of International Economic Law * Loukas Mistelis, editor of the series in which this 22nd volume has been published in English by Oxford University Press, makes it clear in his preface what the expectation of the work is: "The Protection of Intellectual Property Rights under International Investment Law ... aims to and is eminently placed to be the undisputed reference book on the topic." The authors of this comprehensive new publication have laid the very best foundation for this. The book belongs in the library of every practitioner working in the field of international IP or investment protection. It will be an indispensable partner to anyone. [Translated] * Dr. Stefan Luginbuehl, European Patent Office, GRUR * Readers wishing to understand the relationship between host State domestic laws and international investment law in IP investment cases, will find this title informative. The book clearly achieves its stated goal, and reports on IP investment arbitration in practice are helpful. * Dr Metka Potocnik, University of Wolverhampton, ICSID Review * This book seems to be quite a piece of excellent and dedicated research and scholarship shown by the authors. This book certainly fills the gap of nonavailability of literature in the field of IPRs and Investment Disputes. The book surely will be helpful and able to answer the questions of experts as well students of IP or international investment law. * Abhinav K Mishra, Institute of IP, Tokyo, GRUR International * This twentysecond book in the series by Simon Klopschinski, Christopher Gibson, and Henning Grosse RuseKhan is the first comprehensive treatise on the protection of intellectual property under international investment law and it aims to and is eminently placed to be the undisputed reference book on the topic. * Prof. Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London, [From the Series Editor Preface] * A careful and interested reader of this book will greatly enrich her knowledge and analytical skills necessary to deal with investment disputes involving intellectual property rights. Their numbers may well increase in the future. She, however, will also realize that for complex problems, no simple and clear solutions exist. In other words, the reader will realize how correct Henry Louis Mencken was when he observed that: "For every complex problem there is an answer that is clear, simple and wrong." The authors of this book were wise enough to resist the temptation to offer such answers. * Prof. Dr. Dres. h.c. Joseph Straus, Director Emeritus, Max Planck Institute for Innovation and Competition, [From the Foreword] * Despite that this relationship between intellectual property law and investment law will most likely develop slowly, the cases that will eventually be litigated will have important implications for policy and practice. In the process, The Protection of Intellectual Property Rights Under International Investment Law will provide invaluable guidance as a standard volume and point of reference for practitioners and academics. * Professor Bernd Justin Juette, University College Dublin, Sutherland School of Law, Journal of Intellectual Property Law & Practice * To all those who are interested in IP rights and their connection to international arbitration, this book turns out to be mandatory, not only to scholars, practitioners, and politicians, but also to anyone who loves reading outstanding pieces of work [...] * Juan Manuel Rivero Godoy, TPR Mercosur, Revista de la Secretaria del Tribunal Permanente de Revision * In the early pages of the book, the authors mention how litigation of IP-based investment disputes is complicated by the fact that arbitrators often do not have an IP background. This book certainly fills this void. Whether you are an IP specialist with limited knowledge of investment law or an expert on ISDS who needs to familiarise himself with the specificities of IP-based cases, this book will provide answers to your questions in an advanced, yet understandable, manner. * Anastasiia Kyrylenko, The IPKat * The Protection of Intellectual Property Rights under International Investment Law clearly achieves its stated goal of explaining the relevance of international investment law and IIAs for the protection and enforcement of IP rights...This is an impressive work and is set to become the goto point of reference for practitioners and academics on matters concerning the interplay of IPR and international investment law. * Nick Lawn and Helin Laufer, Van Bael & Bellis * In the first pages of the book, the authors (Klopschinski, Gibson, and Ruse-Khan) mention how litigating investment disputes based on intellectual property is complicated by the fact that arbitrators often have no intellectual property background. This book attempts to fill gaps and address questions that have been left open thus far by emerging case law dealing with intellectual property and investment. One of the advantages of the book is the analysis of non-intellectual property arbitration cases and linking these provisions to intellectual property cases that have not yet been applied. * Dr. Jinan Bastaki, Associate Professor, United Arab Emirates University * The main advantage and appeal of this book is that it serves as a faithful guide to the extremely difficult problem of how to harmonize international treaties and investment agreements in the area of intellectual property, of which there are already many. This is only possible in a book written by a leading authority on IP law and a leading authority on international investment law. A further attraction of this book is that it provides both legal and intellectual stimulation for lawyers specializing in investment treaty arbitration and lawyers specializing in intellectual property law. * The Arbitration *