The Interface between Intellectual Property and Investment Law: An Intertextual Methodology

Abstract

This chapter critically explores how intertextuality can be employed in the analysis of the interface between international intellectual property law and international investment law. The chapter is divided into two main sections. Section two examines how the rules of international intellectual property law as expressed in intellectual property treaties could become relevant to the resolution of an investment dispute. Section three explores how both intertextuality and the principle of systemic integration in international law can be used to ensure that, in an investment dispute involving intellectual property rights, an investment treaty is not interpreted in a manner that is inconsistent with international intellectual property law.