Can Patent Revocation or Invalidation Constitute a Form of Expropriation?
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
The following paper asks whether the revocation or invalidation of a patent by a Host State could constitute a form of direct or indirect expropriation under international investment law. To the author's knowledge, this question has seldom, if ever, been addressed in a reported award by an international arbitral tribunal. It has been addressed by legal scholars only to a limited extent. Given the limited availability of sources addressing this question, the present paper seeks to guide practitioners on how to deal with it, should it ever arise. First, the paper ...