Intellectual Property Rights in International Investment Agreements: An Overview

Lahra Liberti
Additional contact information
Lahra Liberti: OECD

No 2010/1, OECD Working Papers on International Investment from OECD Publishing

Abstract: This article provides an overview of recent developments in investment treaty practice with regard to the protection of intellectual property rights (IPRs). The analysis departs from traditional IPR studies developed almost exclusively in the context of the WTO-TRIPS Agreement. The aim of this study is to clarify the extent to which and how international investment agreements (IIAs), including Regional Trade Agreements (RTAs) with an investment chapter, increase the scope of IPR protection beyond TRIPS minimum standards. Some IPR provisions found in the sample of RTAs extend IPR protection beyond WTO-TRIPS minimum standards, by providing supplementary coverage of specific standards or additional obligations under the intellectual property chapter. Expanded IPR protection can also derive from the unqualified treatment protection provisions found in IIAs. This note further explores possible reasons for the limited role played by investor-state arbitration in the enforcement of IPRs.

Keywords: intellectual property rights; international investment; investment agreements (search for similar items in EconPapers)
JEL-codes: F21 F23 K33 (search for similar items in EconPapers)
Date: 2010-05-01
New Economics Papers: this item is included in nep-acc and nep-ino
References: Add references at CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
https://doi.org/10.1787/5kmfq1njzl35-en (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oec:dafaaa:2010/1-en

Access Statistics for this paper

More papers in OECD Working Papers on International Investment from OECD Publishing Contact information at EDIRC.
Bibliographic data for series maintained by ().