Remedies Available Under Bilateral Investment Treaties for Breach of Intellectual Property Rights
Article from: TDM 2 (2009), in Intellectual Property Rights and Investment Disputes
This article summarizes the remedies that may be available to right-holders pursuant to various BITs. Part I of this article is the introduction; Part II discusses the remedies generally available under most BITs for violations of an investor's rights by a host government; Part III discusses the application of BIT remedies to violations of IPRs; and Part IV is the conclusion. This article focuses on the scope of the remedies available and, thus, assumes that the right-holder will be able to establish liability under the applicable BIT. This article does not address the ...