Download for print-disabled. Check nearby libraries Library. Share this book Facebook. July 8, History. An edition of WIPO intellectual property handbook Written in English — pages.
Subjects Intellectual property , Conflict of laws , International Copyright , Intellectual property International law , Industrial property International law , Trademarks International law. Libraries near you: WorldCat. Edition Notes Includes bibliographical references p.
WIPO Hoepli. Visita subito Google Play ». World Intellectual Property Organization. This is a general reference work on all aspects of intellectual property, including international treaties and conventions, analyses of all fields of intellectual property, its administration, enforcement and teaching, technological and legal developments, and WIPO's work in its Member States.
It covers issues including electronic commerce, biotechnology, traditional knowledge and management of copyright and related rights and WIPO's vision and approaches to meet new challenges with a widening circle of partners. Can be used as a key reference work by creators, innovators, intellectual property lawyers, government officials, university teachers and students.
This new phase was inaugurated after the signing of the first BIT between Germany and Pakistan in The Washington Treaty was signed in Washington on May 26, , but it has not yet entered into force. Ribeiro org. However, due to the opposition of civil society and divergences among OECD countries, the initiative was abandoned in Nevertheless, the con- tent of BITs has become increasingly standardized throughout the years, though the international investment regime remains frag- mented, uncoordinated, and non-hierarchical.
URUGUAY necessary to support entry into a foreign market for investment or trade and to maintain a competitive position in that market. Gibson, supra note 42, at Bungenberg, J. Griebel, S. Reinisch eds. They con- stitute cornerstones and longstanding features of both international regimes and are designed to prohibit discrimination in favor of locals over foreigners national treatment or between foreigners MFN.
Drahos, supra note 9, at There is, however, one exception. Ruse-Khan, supra note 53, at Mecurio, supra note 60, at Correa, supra note 43, at Accordingly, the claim can be brought directly against the host state in arbitration.
Vadi, supra note 57, at Frankel, supra note 69, at They help us to understand the broad picture that pervades the current disputes involving IPRs protection and enforcement through BITs. In order to fully assess the implications of the Philip Morris v. There are tensions, however, between the goals of trade lib- eralization to generate global and national wealth and the protection and promotion of public interests. In trade and investment agreements, as the prime instrument for trade liberalization, the loss of policy space can lead to negative outcomes and, one of them, is the loss of sovereignty of the host State.
Usually, these agreements also establish provisions on fair and equitable treatment. In the indi- rect expropriation there is no direct transference of the property by the state, but there is a diminishment of the rights without the true trans- feral of the property. Investors allege that the meas- ures become so harmful to the foreign investor that they make the maintenance of the property or the exercise of the activity very expen- sive.
The rise of provisions in trade and investment agreements that include requirements for behind-the-border alterations of domestic policy and regulatory regimes, such as tobacco, alcohol, and highly processed foods, is now a reality as a result of the health-damaging products and the consequent global diffu- sion of unhealthy lifestyles and the engagement to control the consump- tion of these commodities.
Treaty Doc. Trade and investment agreements may also include provisions that emphasize the right to regulate or right to regulate for given aims. Desmond McNeil et al. World Health Org. Lin, supra note 92, at Congress given the lack of necessary parliamentary support to ratify it. The second situation addressed by Article 9. In this situa- tion, there is no change in the rights of possession of the physical trade agreement.
Even though the TPP might never enter into force due to political changes in the U. Its relevance resides in consensus achieved among 12 developed and developing countries on sensitive issues, such as policy space for domestic public interest. For that reason, it is important to analyze its provisions within the scope of this article. URUGUAY property of the foreign investor, but there is a diminishment of their property rights, which is carried out without the necessary deposition of the property.
This possibility is provided in a vague way in Article 9. Even if this means that states give up part of their sovereignty to enact and enforce laws unilaterally, the increasing economic interdependence among nations encourages them to enter into cooperative arrangements.
According to Koivusalo, a number of WTO dispute settlement cases have already dealt with health-related policies, especially with respect to tobacco and alcohol-related measures. See USTR, supra note 97, art.
Vera Thorstensen et al. IPEA, Koivusalo, supra note 95, at The former is still in pro- gress in the WTO, while the arbitral award in the latter has recently be published. The positions of the different stakeholders as well as the results and the implications of the Philip Morris v.
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