PhD conferral Clara Ducimetière
Supervisors: Prof. dr. Anselm Kamperman Sanders, Prof. dr. Guido Westkamp
Co-supervisor: Dr. Xavier Seuba
Keywords: Intellectual property, International investment agreements, Investor-state dispute settlement, European Union
"Change of Paradigm: Intellectual Property in EU Investment Agreements"
Intellectual property and international investment law originally developed as two separate legal fields, with their own rules and dispute settlement procedures. They are, however, increasingly interacting, and intellectual property is being protected under international investment agreements. This creates a paradigm shift, where investors can enforce their intellectual property rights in investor-state dispute settlement, a procedure whereby foreign investors can bring a claim against a host State for an alleged breach of an investment agreement. Recent EU investment agreements contain novel features that attempt to address some of the main deficiencies of old-generation investment agreements and traditional investment arbitration. This research focuses in particular on the safeguard of the right of states to regulate in the public interest, and on the essential functions of intellectual property rights. It formulates policy recommendations to achieve a balanced investment protection system for intellectual property assets, in EU investment agreements.
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