Can Patent Revocation or Invalidation Constitute a Form of Expropriation?
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
Introduction
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.[1] 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 ...