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Title

Possibility of invoking breach of fair trial in the European Patent Office as a ground for a foreign investment dispute

Pages

  11-35

Abstract

 Patents can be protected as foreign investment. To acquire this protection, Patents shall be registered in the country where the protection as foreign investment is sought. The International investment agreement between the state of the Patentee as investor and the investor state where the protection is sought shall recognize the Patent as an investment. The main question is how the Patentee’, s complaint can be based on a breach of Fair and Equitable treatment on the ground of violation of the Right to be heard in the European Patent office and bring such claim before the International investment arbitration tribunal as a breach of such provision of the International Investment treaty. In this paper, the Right to be heard and the right to appeal from decision of Patent office is analyzed in European Patent Convention and the respective precedence. Finally, the prerequisites of bringing a complaint before the foreign investment tribunal is scrutinized.

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    APA: Copy

    Eftekhar Jahromi, Goodarz, & Fazelmotlagh, Sogol. (2022). Possibility of invoking breach of fair trial in the European Patent Office as a ground for a foreign investment dispute. REVUE DE RECHERCHE JURIDIQUE, 24(96 ), 11-35. SID. https://sid.ir/paper/1063672/en

    Vancouver: Copy

    Eftekhar Jahromi Goodarz, Fazelmotlagh Sogol. Possibility of invoking breach of fair trial in the European Patent Office as a ground for a foreign investment dispute. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2022;24(96 ):11-35. Available from: https://sid.ir/paper/1063672/en

    IEEE: Copy

    Goodarz Eftekhar Jahromi, and Sogol Fazelmotlagh, “Possibility of invoking breach of fair trial in the European Patent Office as a ground for a foreign investment dispute,” REVUE DE RECHERCHE JURIDIQUE, vol. 24, no. 96 , pp. 11–35, 2022, [Online]. Available: https://sid.ir/paper/1063672/en

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