Intellectual Property Rights as Protected Investments: How Open are the Gates?

Carlos Correa and Jorge E. Viñuales

Journal of International Economic Law, 2016, vol. 19, issue 1, 91-120

Abstract: The protection afforded to different legally-defined objects may overlap when different regimes apply to the same object. This article focuses on the overlap of two protective regimes, intellectual property rights (IPRs) and international investment agreements (IIAs), as applied to certain intangible objects, such as an invention, a distinctive mark or the expression of an artistic work. More specifically, we analyse the interactions between the different regulatory layers and provisions that govern the possibility of bringing IPRs under the protection of IIAs. After some general remarks on the references to IPRs in investment agreements (II), we focus on three main understandings of such interactions (III), namely delegation (by an investment agreement to domestic law), autonomy (of the definition of IPRs in investment agreements), and articulation (of all the relevant regulatory layers to circumscribe the scope of the legally-protected object). In a final section, we draw some conclusions with a view to guide current and future practice (IV).

Date: 2016
References: Add references at CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
http://hdl.handle.net/10.1093/jiel/jgw005 (application/pdf)
Access to full text is restricted to subscribers.

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:oup:jieclw:v:19:y:2016:i:1:p:91-120.

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().