investment law ppt on intellectual property rights in investment agreement internationally

1. BBA LLB
Paper Code: LLB-308
INVESTMENT AND COMPETITION LAW
Name: HONEY PANDEY
Sec: 3C
Enrollment No.: 08151130521

2. INTELLECTUAL PROPERTY RIGHTS
IN INTERNATIONALAGREEMENTS
AN OVERVIEW

3. INTRODUCTION
Background information on intellectual property rights (IPRs) and
international investment law
- TRIPS Agreement: Establishes minimum IP standards for WTO members.
- Bilateral Investment Treaties (BITs) and Preferential Trade Agreements (PTIAs): Often include provisions
on IP rights.
- International Investment Law: IPRs crucial in governing foreign investor-host state interactions.
- Definition: IPRs protect creations like inventions, artistic works, trademarks, and trade secrets.
- Incentivizing Innovation: Provide creators exclusive control, encouraging innovation and creativity.
- Inclusion in IIAs: Momentum in including IPR provisions reflects recognition of their role in economic
development.
- Legal and Policy Considerations: Balancing innovation promotion with public welfare, implications for
access to goods/services.
- Complexities: Intersection of IPRs with trade, human rights, environmental sustainability. Understanding
essential for global economic governance.

4. IMPORTANCE OF IPRS IN THE CONTEXT
OF INTERNATIONAL INVESTMENT
- Role of IPRs in International Investment:
1. Fostering Innovation: Grants exclusive rights, incentivizing R&D investment.
2. Assurance for Investors: Protection assures investors their IP investments are safe.
3. Competitiveness: Strong IP protection attracts foreign investment.
4. Creation of Intellectual Assets: Facilitates patents, trademarks, copyrights creation.
5. Promotion of Trade and Growth: Enables commercialization through licensing,
franchising, technology transfer.
6. Cross-Border Collaboration: Enhances flow of goods, services, investments in
knowledge-based industries.
7. Contribution to Global Prosperity: Catalysts for innovation, economic development,
global competitiveness.

5. OVERVIEW OF INTELLECTUAL
PROPERTY RIGHTS
- Definition of IPRs:
- Legal protections for intangible creations.
- Includes inventions, artistic works, symbols, designs, trade secrets.
- Types of IPRs:
1. Patents: Protect inventions for 20 years.
2. Copyrights: Protect original works of authorship.
3. Trademarks: Safeguard brand identities.
4. Trade Secrets: Protect confidential information.
5. Industrial Designs: Protect visual aspects of products.
6. Geographical Indications: Identify products' origin locations.

6. INTERNATIONALAGREEMENTS AND
CONVENTIONS RELATED TO IPRS
- Key International Agreements on IPRs:
1. TRIPS Agreement: Sets minimum standards for IP protection, administered by
WTO.
2. Paris Convention: Protects industrial property, establishes national treatment and
right of priority, administered by WIPO.
3. Berne Convention: Sets standards for copyright protection, ensures automatic
protection without formal registration, administered by WIPO.
4. Madrid Agreement: Centralized system for international trademark registration,
administered by WIPO.
5. Patent Cooperation Treaty (PCT): Facilitates international filing and processing of
patent applications, administered by WIPO.

7. INTERNATIONAL INVESTMENT LAW
Definition of International Investment Law:
- Governs rights and obligations of states and foreign investors in cross-border investments.
- Balances investor and host state interests.
Scope of International Investment Law:
1. Investment Protection: Legal safeguards against discriminatory treatment, expropriation, unfair
treatment.
2. Investor-State Dispute Settlement (ISDS): Arbitration for resolving disputes outside domestic courts.
3. Investment Promotion and Facilitation: Measures to attract foreign investment, including incentives and
BITs/FTAs.
4. Regulation of Investment Contracts: Governs negotiation, enforcement, and stability of investment
contracts.
5. Sustainable Development and Corporate Social Responsibility: Addresses environmental, human rights,
and CSR concerns in investment practices.

8. RELATIONSHIP BETWEEN IPRS AND
INTERNATIONAL INVESTMENT LAW
- IPRs and International Investment Law Relationship:
1. IPR Protection as Investment Incentive: Strong protection attracts foreign investment,
ensuring safeguarding of IP rights.
2. IPR Provisions in Investment Agreements: Included in BITs, FTAs, addressing
protection scope, enforcement, dispute resolution.
3. Technology Transfer and Innovation: Facilitate knowledge transfer, innovation,
economic growth.
4. Dispute Resolution Mechanisms: ISDS resolves IP-related disputes, ensuring investor
rights protection.
5. Balancing Investor Rights and Public Policy: Balances investor interests with host
state concerns on access to goods/services, public health, cultural diversity, and
sustainability.

9. INTERSECTION OF INTELLECTUAL
PROPERTY RIGHTS AND INTERNATIONAL
INVESTMENT LAW
- Challenges for foreign investors:
1. Weak enforcement in certain jurisdictions.
2. Complex international IP laws and regulations.
3. Disputes with host states may disrupt operations.
- Opportunities for foreign investors:
1. Strategic asset for competitive advantage.
2. Protection of innovations and investments.
3. Additional legal protections in BITs and FTAs.
4. Technology advancements enable new avenues for IP utilization.

10. Case studies highlighting the importance of
IPRs in international investment disputes
Two notable international investment dispute cases highlight the importance of
intellectual property rights (IPRs).
In one case, Eli Lilly, a US pharmaceutical company, challenged Canada's
invalidation of its drug patents under NAFTA. The dispute centered on Canada's
patent law interpretation, illustrating the link between IPR protection and foreign
investment.
In another case, Philip Morris challenged Australia's plain packaging laws under
the Australia-Hong Kong Bilateral Investment Treaty, arguing infringement of
trademark rights. This highlighted the conflict between public health policies and
IPRs, impacting sovereign policymaking.

11. LEGAL FRAMEWORK FOR PROTECTING
INTELLECTUAL PROPERTY RIGHTS IN INTERNATIONAL
INVESTMENT LAW
Key international treaties and agreements protect intellectual property rights (IPRs) in
international investment:
1. TRIPS Agreement : Sets minimum standards for IPR protection under the WTO,
ensuring baseline protection for foreign investors.
2. Bilateral Investment Treaties (BITs) : Establish reciprocal rights, protecting investors
against expropriation or discrimination regarding IPRs.
3. Free Trade Agreements (FTAs) : Include IP chapters, extending protection beyond
TRIPS standards to enhance IPR safeguards.
4. Regional Trade Agreements (RTAs) : Harmonize IP standards within regions like the EU
and ASEAN to facilitate trade and investment.

12. Comparison of Different Approaches to IPR
Protection in International Investment Law:
- Intellectual property protection varies in international investment law due to
diverse national interests, legal traditions, and economic priorities.
- Some nations prioritize robust IP protection to attract investment and drive
innovation, offering incentives like patent extensions and tax breaks.
- Others adopt more flexible approaches, considering public policy concerns such as
access to medicines and environmental sustainability.
- Flexible approaches may include measures like compulsory licensing, parallel
imports, and limitations on patentability.
- The choice of approach depends on factors like economic goals, regulatory focus,
and societal values, all aimed at fostering sustainable and inclusive growth.

13. CONCLUSION
- IPRs are vital in international investment law, driving innovation, economic growth, and
global competitiveness.
- They incentivize investment in R&D, facilitate technology transfer, and promote
knowledge dissemination.
- However, incorporating IPR provisions in IIAs presents challenges, including conflicts
with public policy objectives and disputes over interpretation and enforcement.
- The intersection of IPRs with other areas of international law adds complexity to
negotiations and implementation.
- A balanced approach is needed in IIAs, safeguarding investor rights while promoting
public welfare and sustainable development.
- Collaboration among stakeholders is essential to ensure equitable and sustainable
outcomes.
- IIAs can harness the potential of IPRs to drive economic growth, foster technological
advancement, and enhance global prosperity.

14. THANK YOU