Abstract
This paper, which was circulated as a handout during the Zurich IP Retreat 2019, gives an introduction into the protection of intellectual property rights under international investment agreements. It summarizes the arbitral proceedings of Philip Morris vs Uruguay (trade marks), Eli Lilly vs Canada (patents), and Einarsson [Geophysical Service Inc.] vs Canada (copyright). The paper also addresses the question of whether international investment agreements can be used to challenge decisions by the European Union Intellectual Property Office (EUIPO), the European Patent Office (EPO), and the future Unified Patent Court (UPC).
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