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The Intersection of ISDS and TRIPS Flexibilities

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter evaluates the extent to which TRIPS flexibilities are compromised by investor-state disputes (ISDS) regarding intellectual property (IP) norms that are covered by TRIPS. The chapter begins with a brief discussion of IP norms under TRIPS, as well as TRIPS flexibilities and explains how ISDS poses a threat to TRIPS. The chapter then analyzes the known investment disputes challenging IP norms to assess the significance of the ISDS threat to TRIPS flexibilities, including challenges by Philip Morris to tobacco labeling that restricts trademarks, Eli Lilly’s challenge to Canadian patent laws and several more recent disputes.

Original languageAmerican English
Title of host publicationResearch Handbook on Intellectual Property and Investment Law
EditorsChristophe Geiger
PublisherEdward Elgar Publishing, Inc.
Chapter10
Pages207-17
Number of pages11
ISBN (Electronic)9781788977821
ISBN (Print)9781788977814
DOIs
StatePublished - 2020

Publication series

NameResearch Handbooks in Intellectual Property

Bibliographical note

Cynthia M. Ho, The Intersection of ISDS and TRIPS Flexibilities, in Research Handbook on Intellectual Property and Investment Law 207 (Christophe Geiger ed., 2020).

Disciplines

  • Intellectual Property Law
  • International Trade Law

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