A Look at the Compulsory License in Investment Arbitration: The Case of Indirect Expropriation
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
This article focuses on one area in which government action could create a direct impact on Foreign Direct Investment ("FDI") involving intellectual property: the authorization of a compulsory license. Through the compulsory license, a government authority interferes directly with a privately owned intellectual property right, such as a patent, to authorize its use by the government or by one or more third parties, subject to certain terms. The compulsory license issue often triggers World Trade Organization (WTO) trade law considerations. In fact, most of the commentary ...