Compulsory Licensing and Public Health: TRIPS-Plus Standards in Investment Agreements
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
The effects of increasing intellectual property protection on public health have been hugely debated, especially after the coming into force of the TRIPS Agreement and with the emphasis on the utilization of compulsory licenses. At the same time, a growing network of bilateral and regional treaties that regulate foreign direct investment in the absence of an equivalent multilateral instrument are encompassing intellectual protection rules known as TRIPS-plus. A consequence of bringing investment and intellectual property under the umbrella of rules about expropriation and ...