Intellectual Property and Investment Law: An Introduction

Abstract

This short contribution constitutes the introductory chapter of the Research Handbook on Intellectual Property and Investment Law edited by Christophe Geiger and forthcoming in the Research Handbook series of Edward Elgar Publishing. The volume explores the complex and controversial interaction between intellectual property and investment law in the light of recent developments at international, European and national level. Indeed, international investment agreements often include specific references to IP rights in the list of ‘investments’ protected, thus allowing private parties to challenge States’ measures through investor-state dispute settlement (ISDS) mechanisms. Furthermore, the Handbook critically examines the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to take measures of public interest, as well as the likely avenues for future developments in the field. All the high profile cases are discussed not only in their investor-state context but also in the framework of other fora where they have been adjudicated such as the World Trade Organization. The interaction with fundamental rights and ethics is also explored, as well as some specific implications for the EU, in particular in the context of proposed reforms for the controversial ISDS mechanisms in recently adopted bilateral agreements such as CETA.