The Protection of Intellectual Property Rights Under International Investment Law

This monograph is based on comprehensive and complete research. All major issues of the interface of IP law and investment law are considered. The book can only be described as a masterpiece and will become the reference book for everyone, academic or practitioner, who works or has an interest in this field. * Prof. Dr. Siegfried H. Elsing, Orrick, Herrington & Sutcliffe LLP, SchiedsVZ * To conclude, Klopschinski, Gibson and Grosse Ruse-Khan are to be admired for their rigorous attempt to show the intersection between two disciplines with a thorough legal analysis of both IP and investment law regimes. It is no overstatement to say that any inquiry on the intersections and relationships between IP and international investment law would be incomplete without reference to this book. * Dr Pratyush Nath Upreti, Queen's University Belfast, European Intellectual Property Review * In conclusion, this book is, without a doubt, a masterly achievement. It is certain to become an instant classic for all scholars and practitioners interested in and working at the interface between international investment arbitration and IP law. * Gabriel M. Lentner, International & Comparative Law Quarterly * Overall, the book provides an excellent in-depth analysis of the interplay between IP and international investment law, a topic that will likely gain momentum in the coming years. * Michael Alder, Swiss Federal Institute of Intellectual Property, sic! * This book not only covers the necessary issues as a research book of a very high standard, but also carefully and clearly describes the origins of international investment law, its complex legal structure, explanations of basic concepts, and the latest discussions on ISDS system reform. The contents are easy to understand for beginners. This book will be a must-have for both practitioners and researchers to understand the whole picture of transnational IP Protection. [Translated] * Professor Tomoko Yamashita, Aichi Prefectural University, Journal of the Japanese Group of A.I.P.P.I. * The Protection of Intellectual Property Rights Under International Investment Law is one of the first comprehensive monographs on the protection of IP under international investment law. This volume is rich in research, and the authors conduct a clear, systematic and balanced examination of the resolution and enforcement of investment disputes involving IP rights. Throughout the book, the authors examine in detail the disputes to show how distinct legal regimes are essentially at odds, both domestically and internationally, across jurisdictions that differ in investor and IP protection. The authors' predictions about ISDS cases that involve IP rights seem generally sound. * Jun Zhao and Yuxin Liu, Zhejiang University, Chinese Journal of International Law * ... To answer these questions, the law of international investment agreements must be considered in its breadth. Since it is a very dynamic area of law, fed by a multitude of agreements and the rulings issued on them, and which may be facing fundamental change, especially in recent times, not least due to increasing criticism from civil society, this is a daunting task. All the more reason to admire the authors of the present volume, who have devoted themselves to this task with enormous expertise, detail, and analytical clarity. [...] It is all the better that with this volume a standard work has been created that thoroughly examines the problem and, thanks to its extensive footnotes and indexes, makes it easier for the interested reader to obtain further information if necessary [Translated] * Prof. Dr. Annette Kur, Max Planck Institute for Innovation and Competition, MarkenR * The book provides the reader with profound insights into a very complex field. It convinces with a well thought-out structure and legal precision. Due to its depth of detail and analytical quality, it is scholarly at the highest level. At the same time, due to its case studies, the work is (also) well suited for practitioners who are interested in this topic or who already have their own cases to work on, which should be the case more and more often. I mean, it could not have been done better! [Translated] * Dr. Georg Werner, Presiding Judge at the Munich Regional Court No. I/Landgericht Munchen I, Mitteilungen der deutschen Patentanwalte * [T]he authors offer an up-to-date presentation of current developments both in respect of the evolution of treaty models and actual texts ('new generation' IIAs), as well as of the interpretation of those standards in the case law also beyond IP-related disputes. This is also necessary in view of the limited number of cases focusing on IP so that the interpretation of those standards in such cases relies heavily on interpretation developed in respect of other rights and economic activities by foreign investors. Thanks also to the richness of the references, both cases and literature, in the best systematic German academic tradition to which two of the authors belong, this book must also be recommended to readers, lawyers, teachers, and adjudicators who are looking to an analytical presentation of the subject matter in its general dimension. * Professor Giorgio Sacerdoti, Emeritus Professor, Bocconi University, Journal of International Economic Law * Loukas Mistelis, editor of the series in which this 22nd volume has been published in English by Oxford University Press, makes it clear in his preface what the expectation of the work is: The Protection of Intellectual Property Rights under International Investment Law ... aims to and is eminently placed to be the undisputed reference book on the topic. The authors of this comprehensive new publication have laid the very best foundation for this. The book belongs in the library of every practitioner working in the field of international IP or investment protection. It will be an indispensable partner to anyone. [Translated] * Dr. Stefan Luginbuhl, European Patent Office, GRUR * This book seems to be quite a piece of excellent and dedicated research and scholarship shown by the authors. This book certainly fills the gap of nonavailability of literature in the field of IPRs and Investment Disputes. The book surely will be helpful and able to answer the questions of experts as well students of IP or international investment law. * Abhinav K Mishra, Institute of IP, Tokyo, GRUR International * This twentysecond book in the series by Simon Klopschinski, Christopher Gibson, and Henning Grosse RuseKhan is the first comprehensive treatise on the protection of intellectual property under international investment law and it aims to and is eminently placed to be the undisputed reference book on the topic. * Prof. Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London, [From the Series Editor Preface] * A careful and interested reader of this book will greatly enrich her knowledge and analytical skills necessary to deal with investment disputes involving intellectual property rights. Their numbers may well increase in the future. She, however, will also realize that for complex problems, no simple and clear solutions exist. In other words, the reader will realize how correct Henry Louis Mencken was when he observed that: For every complex problem there is an answer that is clear, simple and wrong. The authors of this book were wise enough to resist the temptation to offer such answers. * Prof. Dr. Dres. h.c. Joseph Straus, Director Emeritus, Max Planck Institute for Innovation and Competition, [From the Foreword] * Despite that this relationship between intellectual property law and investment law will most likely develop slowly, the cases that will eventually be litigated will have important implications for policy and practice. In the process, The Protection of Intellectual Property Rights Under International Investment Law will provide invaluable guidance as a standard volume and point of reference for practitioners and academics. * Professor Bernd Justin Jutte, University College Dublin, Sutherland School of Law, Journal of Intellectual Property Law & Practice * To all those who are interested in IP rights and their connection to international arbitration, this book turns out to be mandatory, not only to scholars, practitioners, and politicians, but also to anyone who loves reading outstanding pieces of work [...] * Juan Manuel Rivero Godoy, TPR Mercosur, Revista de la Secretaria del Tribunal Permanente de Revision * In the early pages of the book, the authors mention how litigation of IP-based investment disputes is complicated by the fact that arbitrators often do not have an IP background. This book certainly fills this void. Whether you are an IP specialist with limited knowledge of investment law or an expert on ISDS who needs to familiarise himself with the specificities of IP-based cases, this book will provide answers to your questions in an advanced, yet understandable, manner. * Anastasiia Kyrylenko, The IPKat *