Document Actions
Citation and metadata
Recommended citation
Clara Ducimetière, Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges, 9 (2019) JIPITEC 266 para 1.
Download Citation
Endnote
%0 Journal Article %T Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges %A Ducimetière, Clara %J JIPITEC %D 2019 %V 9 %N 3 %@ 2190-3387 %F ducimetière2019 %X In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments. %L 340 %K European Union (EU) %K ICSID %K Investment protection %K NAFTA %K TRIPS flexibilities %K international investment agreements (IIAs) %K investment court system (ICS) %K multilateral investment court (MIC) %K right to regulate %U http://nbn-resolving.de/urn:nbn:de:0009-29-48045 %P 266-281Download
Bibtex
@Article{ducimetière2019,
author = "Ducimeti{\`e}re, Clara",
title = "Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges",
journal = "JIPITEC",
year = "2019",
volume = "9",
number = "3",
pages = "266--281",
keywords = "European Union (EU); ICSID; Investment protection; NAFTA; TRIPS flexibilities; international investment agreements (IIAs); investment court system (ICS); multilateral investment court (MIC); right to regulate",
abstract = "In 2009, C.S. Gibson was suggesting that: ``With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change'' (Gibson, `A Look at the Compulsory License in Investment Arbitration', 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-48045"
}
Download
RIS
TY - JOUR AU - Ducimetière, Clara PY - 2019 DA - 2019// TI - Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges JO - JIPITEC SP - 266 EP - 281 VL - 9 IS - 3 KW - European Union (EU) KW - ICSID KW - Investment protection KW - NAFTA KW - TRIPS flexibilities KW - international investment agreements (IIAs) KW - investment court system (ICS) KW - multilateral investment court (MIC) KW - right to regulate AB - In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-48045 ID - ducimetière2019 ER -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>ducimetière2019</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2019</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>9</b:Volume> <b:Issue>3</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-48045</b:Url> <b:Pages>266-281</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Ducimetière</b:Last><b:First>Clara</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges</b:Title> <b:Comments>In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments.</b:Comments> </b:Source> </b:Sources>Download
ISI
PT Journal AU Ducimetière, C TI Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges SO JIPITEC PY 2019 BP 266 EP 281 VL 9 IS 3 DE European Union (EU); ICSID; Investment protection; NAFTA; TRIPS flexibilities; international investment agreements (IIAs); investment court system (ICS); multilateral investment court (MIC); right to regulate AB In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments. ERDownload
Mods
<mods>
<titleInfo>
<title>Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges</title>
</titleInfo>
<name type="personal">
<namePart type="family">Ducimetière</namePart>
<namePart type="given">Clara</namePart>
</name>
<abstract>In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments.</abstract>
<subject>
<topic>European Union (EU)</topic>
<topic>ICSID</topic>
<topic>Investment protection</topic>
<topic>NAFTA</topic>
<topic>TRIPS flexibilities</topic>
<topic>international investment agreements (IIAs)</topic>
<topic>investment court system (ICS)</topic>
<topic>multilateral investment court (MIC)</topic>
<topic>right to regulate</topic>
</subject>
<classification authority="ddc">340</classification>
<relatedItem type="host">
<genre authority="marcgt">periodical</genre>
<genre>academic journal</genre>
<titleInfo>
<title>JIPITEC</title>
</titleInfo>
<part>
<detail type="volume">
<number>9</number>
</detail>
<detail type="issue">
<number>3</number>
</detail>
<date>2019</date>
<extent unit="page">
<start>266</start>
<end>281</end>
</extent>
</part>
</relatedItem>
<identifier type="issn">2190-3387</identifier>
<identifier type="urn">urn:nbn:de:0009-29-48045</identifier>
<identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-48045</identifier>
<identifier type="citekey">ducimetière2019</identifier>
</mods>
Download
Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 9 (2019) 3 |
|---|---|
| Title |
Intellectual Property under the Scrutiny of Investor-State Tribunals: Legitimacy and New Challenges (eng) |
| Author | Clara Ducimetière |
| Language | eng |
| Abstract | In 2009, C.S. Gibson was suggesting that: “With this early coverage of intellectual property in BITs, it is perhaps surprising that there has yet to be a publicly reported decision concerning an IPR-centered investment dispute. Given the trajectory of the modern economy, however, in which foreign investments reflect an increasing concentration of intellectual capital invested in knowledge goods protected by IPRs, this could soon change” (Gibson, ‘A Look at the Compulsory License in Investment Arbitration’, 2009). A couple of years later, the first investment cases dealing with IP issues were made public. In this context, this paper first addresses the conditions that have to be fulfilled in order to bring intellectual property claims in investment arbitration, by touching upon the question of the definition of an investment in theory and in practice. It also tries to shed light on some of the implications of recent arbitral awards touching upon this interaction between intellectual property and investment protection, from a legal and regulatory perspective. On the other hand, the specific situation of the European Union is scrutinized, and in particular the project put forward by the European Commission to adapt the dispute settlement system for the protection of investments. |
| Subject | European Union (EU), ICSID, Investment protection, NAFTA, TRIPS flexibilities, international investment agreements (IIAs), investment court system (ICS), multilateral investment court (MIC), right to regulate |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-48045 |
