Protecting Intellectual Property through Trade and Investment Agreements: Concepts, Norm-setting, and Dispute Settlement

2019 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
Dispute Settlement ◽  
Protecting Intellectual Property ◽  
Investment Agreements ◽  
Trade And Investment

Intellectual Property and Mega-Regional Trade Agreements

2017 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
Intellectual Property ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Cooperation Agreement ◽  
Transatlantic Trade ◽  
Wto Dispute Settlement ◽  
Innovation And Technology ◽  
Recent Developments ◽  
Partnership Agreement ◽  
Trade And Investment

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and extrapolates results of these negotiations to the pending EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP). It discusses the likely implications of ever-increasing protection of IPRs on international trade, innovation, and technology transfer. Given the complex interaction of TRIPs and WIPO Agreements with the newly emerging agreements, the chapter finally examines the structure and operation of dispute settlement and how existing fragmentation could be overcome. Intellectual property, it is submitted, offers an important case to extend the jurisdiction of WTO dispute settlement to preferential trade agreements.

scholarly journals Analyzing the impact of trade and investment agreements on pharmaceutical policy: provisions, pathways and potential impacts

2019 ◽  
Vol 15 (S1) ◽  
Author(s):  
Deborah Gleeson ◽  
Joel Lexchin ◽  
Ronald Labonté ◽  
Belinda Townsend ◽  
Marc-André Gagnon ◽  
...  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Trade Agreements ◽  
Analytical Framework ◽  
Pharmaceutical Policy ◽  
Health And Human Rights ◽  
Policy Objectives ◽  
Investment Agreements ◽  
Trade And Investment

Abstract Background Trade and investment agreements negotiated after the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have included increasingly elevated protection of intellectual property rights along with an expanding array of rules impacting many aspects of pharmaceutical policy. Despite the large body of literature on intellectual property and access to affordable medicines, the ways in which other provisions in trade agreements can affect pharmaceutical policy and, in turn, access to medicines have been little studied. There is a need for an analytical framework covering the full range of provisions, pathways, and potential impacts, on which to base future health and human rights impact assessment and research. A framework exploring the ways in which trade and investment agreements may affect pharmaceutical policy was developed, based on an analysis of four recently negotiated regional trade agreements. First a set of core pharmaceutical policy objectives based on international consensus was identified. A systematic comparative analysis of the publicly available legal texts of the four agreements was undertaken, and the potential impacts of the provisions in these agreements on the core pharmaceutical policy objectives were traced through an analysis of possible pathways. Results An analytical framework is presented, linking ten types of provisions in the four trade agreements to potential impacts on four core pharmaceutical policy objectives (access and affordability; safety, efficacy, and quality; rational use of medicines; and local production capacity and health security) via various pathways. Conclusions The analytical framework highlights provisions in trade and investment agreements that need to be examined, pathways that should be explored, and potential impacts that should be taken into consideration with respect to pharmaceutical policy. This may serve as a useful checklist or template for health and human rights impact assessments and research on the implications of trade agreements for pharmaceuticals.

scholarly journals Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives

2021 ◽  
pp. 77-94
Author(s):  
Kateryna Lazarchuk ◽  
Oksana Zadniprovska
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Investment Arbitration ◽  
Property Rights Protection ◽  
Protecting Intellectual Property ◽  
Investment Agreements

This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

scholarly journals Trade and Investment Agreements and the Global Politics of Health

2018 ◽  
pp. 425-444
Author(s):  
Chris Holden ◽  
Benjamin Hawkins
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Global Politics ◽  
Political Actors ◽  
Political Processes ◽  
Regulatory Cooperation ◽  
The World ◽  
Investment Agreements ◽  
Trade And Investment

This chapter examines the politics of trade and investment agreements and how they interact with the politics of health at the global and domestic levels. The chapter first examines the operation of the World Trade Organization (WTO) and its implications for health, illustrating this with a WTO dispute between Indonesia and the United States involving the latter’s ban on flavoured cigarettes. It then examines aspects of the ‘next generation’ of trade and investment agreements that have particular implications for health policy, notably investor-state dispute settlement and regulatory cooperation. The analytical focus of this chapter is on political processes and political actors at the global and domestic levels that interact to produce trade policy and its impacts on health.

The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements

2019 ◽  
Vol 20 (5) ◽  
pp. 759-783
Author(s):  
Mark Davison ◽  
Patrick Emerton
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Health Measures ◽  
The World ◽  
Regulatory Measures ◽  
Investment Agreements ◽  
Indirect Reference ◽  
Trade And Investment

Abstract This article considers the interpretation of provisions in international economic agreements that protect intellectual property as they relate to public health measures, and in particular to restrictions on the use of tobacco trademarks. A series of decisions, most recently the World Trade Organization (WTO) panel decision holding that Australia’s plain packaging measures for tobacco products comply with WTO obligations, allow for some generalisations. These include: (1) the nature of intellectual property rights is to confer a privilege of exclusive use on the rights-holder; (2) the interpretation of generally-worded treaty provisions is apt to be informed by recognition of the power of States to regulate for the purposes of public health; and (3) where provisions contain their own specifically-worded balancing tests, any direct or indirect reference to regulation for public health contained in the treaty is likely to be treated as weighing very heavily in favour of the legality of regulatory measures.

Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control

2011 ◽  
Vol 2 (2) ◽  
pp. 254-260 ◽  
Author(s):  
Benn McGrady
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Tobacco Control ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Philip Morris ◽  
The Relationship ◽  
Investment Agreements ◽  
Trade And Investment

In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights. This article outlines the Request for Arbitration, sets out the Declaration and the broader normative context in which it arose before touching briefly on the implications of the Declaration.

scholarly journals Emerging regulatory issues: intellectual property and global value chains

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
Susy Frankel
Keyword(s):  
Intellectual Property ◽  
Building Blocks ◽  
Value Chains ◽  
Innovation Development ◽  
Knowledge Based ◽  
Law And Policy ◽  
Innovative Economy ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Information And Technology

Intellectual property includes several areas of regulation which govern access to and uses of knowledge, information and technology. In addition to having many cultural and social benefits, knowledge, information and technology are key building blocks of an innovative economy. The central and perpetual challenge of intellectual property law and policy is to ensure that there are both adequate incentives for innovators and creators to generate these building blocks, and that those incentives do not overreach so as, in fact, to inhibit innovation. This description, however, no longer tells the whole intellectual property story. This article discusses the emergence through trade and investment agreements of a changed approach to the objectives of intellectual property protection, and the challenges that approach presents for knowledge-based and innovation development of New Zealand interests.

scholarly journals Legitimacy challenges of trade and investment agreements from a developing country’s perspective

2020 ◽  
pp. 95-108
Author(s):  
E. Ovuko-Opuco
Keyword(s):  
Developing Countries ◽  
Government Regulation ◽  
Dispute Settlement ◽  
International Investment ◽  
Regional Level ◽  
African Continent ◽  
Regulatory Bodies ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Dispute Settlement Mechanisms

The article is devoted to the problems of government regulation and supremacy of law as well as situation of international investment regime in developing countries. The author explores problems of investment treaties and compares existing ways to protect investments on regional level in different countries. There is detailed overview of investor-state dispute settlement mechanisms. The issues are presented from the perspective of developing countries, in particular the African continent. The general conclusion is that for efficiency development of infrastructure by enhancing industries investments it is necessary to increase regional regulation as well as regionalization of regulatory bodies and agencies.

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