Protection of Intellectual Property in International Foreign Investment Law

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ZIAEE SEYED YASER; Javadi Saeedeh

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2019 | Volume:11 | Issue:2 Page(s): 127-155

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Title

Protection of Intellectual Property in International Foreign Investment Law

Author(s)

ZIAEE SEYED YASER | Javadi Saeedeh | Issue Writer Certificate

Keywords

international foreign investment lawQ1

international intellectual property rightsQ1

Protection of intellectual propertyQ1

bilateral investment treatiesQ1

Trade-Related Aspects of intellectual property rights agreement (TRIPS)Q1

Abstract

Intellectual property rights system acts in support of intellectual works by instruments such as Paris, Bern and the agreement on trade-related aspects of intellectual property rights (TRIPS). In parallel, international foreign-investment law system acts in support of foreign investors through bilateral treaties of foreign investment. A notable question is if foreign intellectual works can be supposed as "foreign capital" and if so, what is the scope and instances of IPs protections? In response we shall distinguish protections offered by IPs legal system from those of BITs. Because there is some deferences in protected items list, duration of protection and national-international protection of foreign IPs. It seems that foreign intellectual works can be an example of "foreign capital" under the bilateral treaties of foreign investment. In this way, the protection of owners of the intellectual works would be more than what is endowed by TRIPS agreement. In other words, such guarantees as national treatment, most favourd nation treatment (MFN) in as well as fair and equitable treatment and arbitration clause are added to TRIPS protections for owners of intellectual works. The most notable protection offered by the BIT system is the prohibition of expropriation. This research identifies such guarantees and examines them through the lens of the TRIPS and BIT system.

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APA: Copy

ZIAEE, SEYED YASER, & Javadi, Saeedeh. (2019). Protection of Intellectual Property in International Foreign Investment Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 11(2 ), 127-155. SID. https://sid.ir/paper/223478/en

Vancouver: Copy

ZIAEE SEYED YASER, Javadi Saeedeh. Protection of Intellectual Property in International Foreign Investment Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2019;11(2 ):127-155. Available from: https://sid.ir/paper/223478/en

IEEE: Copy

SEYED YASER ZIAEE, and Saeedeh Javadi, “Protection of Intellectual Property in International Foreign Investment Law,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 11, no. 2 , pp. 127–155, 2019, [Online]. Available: https://sid.ir/paper/223478/en

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