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 -