No. 97: Data, Copyright, and Investor-State-Arbitration: Insights from Einarsson v. Canada

Details

Author(s):
Publish Date:
January 17, 2023
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Pratyush Upreti, Data, Copyright, and Investor-State-Arbitration: Insights from Einarsson v. Canada, TTLF Working Papers No. 97, Stanford-Vienna Transatlantic Technology Law Forum (2023).
Related Organization(s):

Abstract

This article provides an overview of the Einarsson v. Canada dispute and critically examines potential issues arising out of this ongoing dispute. It first provides the background of the case, followed by discussing data and copyright as investments. The second part highlights the role of international intellectual property treaties in intellectual property-investor-state dispute settlement (ISDS) disputes and analyzes how this dispute can be used to argue in the context of data and trade secrets claims in ISDS.