Coverage of Intellectual Property Rights in International Investment Agreements: An Empirical Analysis of Definitions in a Sample of Bilateral Investment Treaties and Free Trade Agreements
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
The starting point for any discussion of protection of intellectual property rights (IPR) in international investment agreements is an examination of to what extent such rights are covered "investments" for the purpose of the relevant treaty. To that end, this article examines the treatment of intellectual property rights as covered investments under international investment agreements. At the outset, it should be made clear that IPRs may well be an implicit part of even the most bare-bones definition of a covered investment. Nevertheless, many treaties (especially treaties ...