000			03733nam a22003377a 4500
020			_a9789041190970
082			_a347.77:341.62 _bHEA
100			_aHeath,Christopher (Ed.)
100			_aSanders,Anselm Kamperman (Ed.)
245			_aIntellectual property and international dispute resolution
260			_aThe Netherlands _bKluwer law _cc 2019
300			_axx, 266p. _b25 cm.
500			_aInvestor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. In this important book – the first in-depth treatment of the interface between intellectual property rights and international dispute resolution – a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified.
520			_aThe contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals. The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to policymakers, practitioners and scholars in both international trade law and intellectual property law.
650			_aInvestor State Dispute Settlement (ISDS) in the Field of Intellectual Property Law and Beyond Christopher Heath and Anselm Kamperman Sanders
650			_aLessons for International Intellectual Property Law and Policy
650			_aThe Tobacco Plain Packaging Legislation before Investor-State Tribunals
650			_aThe WTO Disputes regarding Tobacco Plain Packaging: Selected TRIPS Findings from the Panel Stage
650			_aDISPUTES INVOLVING INTELLECTUAL PROPERTY RIGHTS, NAMELY PLAIN PACKAGING LEGISLATION
650			_aIntellectual Property as Investment and the Implications for Industrial Policy
650			_aUnpacking Constitutional Protection for Trade Marks: The Plain Packaging Disputes before National Courts
650			_aGIVING EFFECT TO INTERNATIONAL TRADE AGREEMENTS – HISTORY AND PROCEDURE
650			_aDispute Resolution in International and Bilateral Agreements
650			_aThe History of Investment Tribunals and the Protection of IPRs under Investment Treaties Flavia Marisi and Julien Chaisse
650			_aDispute Resolution Under the WTO Regime
650			_aThe Direct Application of International IP Agreements before National Courts
650			_aThe Pathways of Multinational Intellectual Property Dispute Settlement
700			_aChristopher Heath
700			_aAnselm Kamperman Sanders
942			_cBK
999			_c348707 _d348707