Abstract

Since IPRs can affect political, economic and social development, they have earned a crucial place in the debate on economic progress, foreign direct investment (FDI) and investment in general. Furthermore, FDI can reflect significant investments in knowledge goods protected by IPRs. Lately, IPRs have increasingly become central issues in many cases of investor-state dispute settlement (ISDS)1 ‒ a mechanism through which an investor from one state can bring arbitral proceedings against a different state in which it has invested. As a result, IPRs are becoming more politically important than ever. In the last century, international IP protection has drastically shifted from conventional IP treaties towards more universal and robust treaties and treaty systems like the World Intellectual Property Organization (WIPO), the General Agreement on Tariffs and Trade (GATT), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the World Trade Organization (WTO).2 Alongside the implementation of...

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