Safeguarding Intellectual Property Objectives in International Investment Agreements: A Transatlantic Perspective


Research project

Investigator:

Pratyush Nath Upreti

Abstract:

In recent times, high profile cases such as Philip Morris v. Uruguay, Eli Lilly v. Canada and ongoing Bridgestone v. Panama have highly challenged the relationship between intellectual property rights and international investment law. In these cases, protection of IPRs has been sought through international investment law. However, both subject areas are governed by their own legal principles and standards. The first part of this research will investigate the objectives and purpose of IP protection in international investment agreements. The second part of this research will look at crucial IPRs issues in the context of the investor-state dispute settlement mechanism (ISDS), with an emphasis on the transatlantic marketplace.