Defining intellectual property as an investment

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract / Description of output

The question of when an intellectual property right should be defined as an investment has recently been addressed by investment tribunals in two recent cases. Using these two recent decisions as case studies, this chapter seeks to address two key questions. One, in deciding whether or not an intellectual property right should be defined as an investment, should contribution to the economic development of the host state be part of the objective criteria? Two, what role, if any, can Articles 7 and 8 of the TRIPS Agreement play in the determination of whether an intellectual property right should be defined as an investment pursuant to the objective criteria? The chapter proposes a minimalist approach to defining what constitutes an investment and it concludes with the view that, in determining whether or not an intellectual property right should be defined as an investment, the object and purpose of international investment law should be synchronised with the object and purpose of international intellectual property law.
Original languageEnglish
Title of host publicationThe Future of Intellectual Property
EditorsDaniel J. Gervais
PublisherEdward Elgar Publishing
Chapter5
Pages81-104
Number of pages24
ISBN (Electronic)9781800885349
ISBN (Print)9781800885332
DOIs
Publication statusPublished - 20 May 2021

Publication series

NameATRIP Intellectual Property Series
PublisherEdward Elgar Publishing

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