CPTPP's Investment Chapter and the Protection of Intellectual Property Rights
Article from: TDM 5 (2019), in Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
This article examines whether the Comprehensive and Progressive Agreement for Trans-Pacific Partnership's (CPTPP) investment chapter has the potential to protect Intellectual Property Rights (IPRs). Standards of investment protection generally included in International Investment Agreements (IIAs) may protect forms of Intellectual Property Rights (IPRs). Such arguments are generally formulated in abstract terms, since to date no (publicized) IPR-based claim succeeded in an investor-state dispute settlement (ISDS) procedure. Recognizing the high degree of uncertainty in this context, this ...